[House Prints, 118th Congress]
[From the U.S. Government Publishing Office]
118th Congress } { No. 2
1st Session } COMMITTEE PRINT {
_______________________________________________________________________
JAMES M. INHOFE
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2023
----------
LEGISLATIVE TEXT
AND
JOINT EXPLANATORY STATEMENT
TO ACCOMPANY
H.R. 7776
PUBLIC LAW 117-263
BOOK 1 OF 2
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
JANUARY 2023
Printed for the use of the Committee on
Armed Services of the House of Representatives
__________
U.S. GOVERNMENT PUBLISHING OFFICE
50-485 WASHINGTON : 2023
Note From the Director, Legislative Operations
This committee print consists of the enrolled text and
explanatory material for the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (H.R. 7776; Public Law
117-263).
This Act and the material found in this committee print are
the product of an agreement between the Chairman and Ranking
Member of the House Committee on Armed Services and the
Chairman and Ranking Member of the Senate Committee on Armed
Services on H.R. 7900, the National Defense Authorization Act
for Fiscal Year 2023 as passed by the House of Representatives
on July 14, 2022, and Senate amendment 5499, as modified, to
H.R. 7900 as proposed by Chairman Jack Reed on October 11,
2022. Senate amendment 5499, as modified, was in the form of an
amendment in the nature of a substitute to H.R. 7900 and
consisted of the text of S. 4543, the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 as reported by
the Senate Committee on Armed Services on July 18, 2022, as
well as a number of amendments that were submitted for
consideration during the Senate's consideration of its bill
that were cleared by both sides. The Senate began consideration
of Senate amendment 5499, as modified, on October 11, 2022, but
did not complete consideration and therefore was unable to
initiate a formal conference with the House.
In order to ensure the enactment of an annual defense bill
by the end of the calendar year, the Chairman and Ranking
Member of the House Committee on Armed Services and the
Chairman and Ranking Member of the Senate Committee on Armed
Services agreed to reconcile the provisions of H.R. 7900 and
Senate amendment 5499, as modified. The negotiated agreement
was brought to the House Floor in the form of a House amendment
to the Senate amendment to H.R. 7776. On December 8, 2022,
pursuant to the provisions of H. Res. 1512, the House agreed to
the House amendment to the Senate amendment to H.R. 7776 by the
yeas and nays, 350-80 (Roll no. 516). On December 15, 2022, the
Senate agreed to the House amendment to the Senate amendment to
H.R. 7776 by a vote of 83-11 (Record Vote Number: 396). The
President signed the legislation on December 23, 2022, and it
became Public Law 117-263.
Because the agreed-upon language was brought to the House
in the form of a House amendment to the Senate amendment to
H.R. 7776, there is no conference report and no formal ``joint
explanatory statement of the conference committee'' for H.R.
7776. Instead, Chairman Adam Smith submitted a ``Joint
Explanatory Statement to Accompany H.R. 7776, the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023'' in the Congressional Record on December 8, 2022 (pages
H9425-H9648). The text of the joint explanatory statement is
included in this committee print. Section 5 of H.R. 7776
specifies that this explanatory material shall have the same
effect with respect to the implementation of this legislation
as if it were a joint explanatory statement of a committee of
conference.
In this committee print, the provisions of H.R. 7900, the
House-passed version of the National Defense Authorization Act
for Fiscal Year 2023, are generally referred to as ``the House
bill.'' The provisions of Senate amendment 5499, as modified,
to H.R. 7900 are generally referred to as ``the Senate
amendment.'' The final form of the agreements reached during
negotiations between the House and the Senate are referred to
as ``the agreement.''
The following pages are organized in the manner of a
traditional conference report.
C O N T E N T S
----------
Page
BOOK 1
LEGISLATIVE TEXT................................................. 1
BOOK 2
LEGISLATIVE TEXT--Continued...................................... 1273
JOINT EXPLANATORY STATEMENT TO ACCOMPANY THE JAMES M. INHOFE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023........ 1821
Disclosure of earmarks and congressionally directed
spending items......................................... 1821
Summary of discretionary authorizations and budget
authority implication.................................. 1821
Sec. 4--Budgetary effects of this Act.................... 1822
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 1822
TITLE I--PROCUREMENT............................................. 1822
Subtitle A--Authorization of Appropriations.................. 1822
Sec. 101--Authorization of appropriations................ 1822
Subtitle B--Army Programs.................................... 1822
Sec. 111--Limitations on production of Extended Range
Cannon Artillery howitzers............................. 1822
Subtitle C--Navy Programs.................................... 1822
Sec. 121--Requirements relating to EA-18G aircraft of the
Navy................................................... 1822
Sec. 122--Navy shipbuilding workforce development special
incentive.............................................. 1823
Sec. 123--Extension of prohibition on availability of
funds for Navy port waterborne security barriers....... 1823
Sec. 124--Limitation on authority to modify capabilities
and fleet configuration of E-6B aircraft............... 1823
Sec. 125--Multiyear procurement authority for Arleigh
Burke class destroyers................................. 1824
Sec. 126--Procurement authority for Ship-to-Shore
Connector program...................................... 1824
Sec. 127--Procurement authority for CH-53K heavy-lift
helicopter program..................................... 1825
Sec. 128--Procurement authorities for John Lewis-class
fleet replenishment oiler ships........................ 1825
Sec. 129--Procurement authorities for certain amphibious
shipbuilding programs.................................. 1825
Sec. 130--Contracts for design and construction of the
DDG(X) destroyer program............................... 1825
Sec. 131--Tomahawk and Standard Missile-6 capability on
FFG-62 class vessels................................... 1825
Sec. 132--Report on advance procurement for CVN-82 and
CVN-83................................................. 1826
Sec. 133--Quarterly briefings on the CH-53K King Stallion
helicopter program..................................... 1826
Subtitle D--Air Force Programs............................... 1826
Sec. 141--Modification of inventory requirements for
aircraft of the combat air forces...................... 1826
Sec. 142--Inventory and other requirements relating to
air refueling tanker aircraft.......................... 1827
Sec. 143--Requirements relating to F-22 aircraft......... 1827
Sec. 144--Modification of exception to prohibition on
certain reductions to B-1 bomber aircraft squadrons.... 1828
Sec. 145--Repeal of Air Force E-8C force presentation
requirement............................................ 1828
Sec. 146--Minimum inventory of C-130 aircraft............ 1828
Sec. 147--Prohibition on availability of funds for
retirement of C-40 aircraft............................ 1828
Sec. 148--Prohibition on availability of funds for
termination of production lines for HH-60W aircraft.... 1828
Sec. 149--Prohibition on certain reductions to inventory
of E-3 airborne warning and control system aircraft.... 1829
Sec. 150--Limitation on divestment of F-15 aircraft...... 1829
Sec. 151--Authority to procure upgraded ejection seats
for certain T-38A aircraft............................. 1829
Sec. 152--Procurement authority for digital mission
operations platform for the Space Force................ 1829
Sec. 153--Digital transformation commercial software
acquisition............................................ 1829
Sec. 154--Requirements study and strategy for the combat
search and rescue mission of the Air Force............. 1830
Sec. 155--Plan for transfer of KC-135 aircraft to the Air
National Guard......................................... 1830
Sec. 156--Annual reports on T-7A Advanced Pilot Training
System................................................. 1830
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 1830
Sec. 161--Increase in Air Force and Navy use of used
commercial dual-use parts in certain aircraft and
engines................................................ 1830
Sec. 162--Assessment and strategy for fielding
capabilities to counter threats posed by unmanned
aerial system swarms................................... 1831
Sec. 163--Assessment and report on military rotary wing
aircraft industrial base............................... 1831
Sec. 164--Comptroller General audit of efforts to
modernize the propulsion, power, and thermal management
systems of F-35 aircraft............................... 1831
Legislative Provisions Not Adopted........................... 1831
Prohibition on availability of funds for retirement of
HSC-85 aircraft........................................ 1831
Funding for additional Joint Strike Fighter aircraft..... 1832
Report on applicability of DDG(X) electric-drive
propulsion system...................................... 1832
Prohibition on availability of funds for procurement of
bridge tanker aircraft................................. 1832
Funding for C-130 Modular Airborne Firefighting System... 1833
Requirement to maintain fleet of manned intelligence,
surveillance, and reconnaissance aircraft.............. 1833
Sense of Congress regarding United States Air National
Guard refueling mission................................ 1833
Charging stations at commissary stores and military
exchanges.............................................. 1833
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 1834
Budget Items................................................. 1834
Future Air Force Integrated Technology Demos............. 1834
Subtitle A--Authorization of Appropriations.................. 1834
Sec. 201--Authorization of appropriations................ 1834
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 1834
Sec. 211--Modification of cooperative research and
development project authority.......................... 1834
Sec. 212--Clarification of role of senior official with
principal responsibility for artificial intelligence
and machine learning................................... 1835
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............................................ 1835
Sec. 214--Modification of limitation on cancellation of
designation of Executive Agent for a certain Defense
Production Act program................................. 1835
Sec. 215--Support for research and development of
bioindustrial manufacturing processes.................. 1835
Sec. 216--Air-breathing and rocket booster testing
capacity upgrades to support critical hypersonic
weapons development.................................... 1835
Sec. 217--Competitively awarded demonstrations and tests
of electromagnetic warfare technology.................. 1836
Sec. 218--Administration of the Advanced Sensor
Applications Program................................... 1836
Sec. 219--Quantifiable assurance capability for security
of microelectronics.................................... 1836
Sec. 220--Government-Industry-Academia Working Group on
Microelectronics....................................... 1837
Sec. 221--Target date for deployment of 5G wireless
broadband infrastructure at all military installations. 1837
Sec. 222--Outreach to historically Black colleges and
universities and other minority-serving institutions
regarding National Security Innovation Network (NSIN)
programs that promote entrepreneurship and innovation
at institutions of higher education.................... 1837
Sec. 223--Report and pilot program based on
recommendations regarding defense research capacity at
historically Black colleges and universities and other
minority-serving institutions.......................... 1837
Sec. 224--Pilot program to support the development of
patentable inventions in the Department of the Navy.... 1838
Sec. 225--Pilot program to facilitate the development of
battery technologies for warfighters................... 1838
Subtitle C--Plans, Reports, and Other Matters................ 1838
Sec. 231--Modification to annual reports of the Director
of Operational Test and Evaluation..................... 1838
Sec. 232--Extension of requirement for quarterly
briefings on strategy for fifth generation information
and communications technologies........................ 1838
Sec. 233--Plan for investments to support the development
of novel processing approaches for defense applications 1839
Sec. 234--Plans to accelerate the transition to 5G
information and communications technology within the
military departments................................... 1839
Sec. 235--Plan for Defense Advanced Research Projects
Agency Innovation Fellowship Program................... 1839
Sec. 236--Strategy and plan for fostering and
strengthening the defense innovation ecosystem......... 1839
Sec. 237--Assessment and strategy relating to hypersonic
testing capacity of the Department of Defense.......... 1839
Sec. 238--Annual report on studies and reports of
federally funded research and development centers...... 1840
Sec. 239--Report on recommendations from Army Futures
Command Research Program Realignment Study............. 1840
Sec. 240--Report on potential for increased utilization
of the Electronic Proving Grounds testing range........ 1840
Sec. 241--Study on costs associated with underperforming
software and information technology.................... 1840
Sec. 242--Study and report on sufficiency of operational
test and evaluation resources supporting certain major
defense acquisition programs........................... 1841
Legislative Provisions Not Adopted........................... 1841
Disclosure requirements for recipients of research and
development funds...................................... 1841
Role of the Chief Digital and Artificial Intelligence
Officer in fostering interoperability among joint force
systems................................................ 1841
Activities to support the use of metal additive
manufacturing for the subsurface fleet of the Navy..... 1841
Information on use of commercial software for the
warfighter machine interface of the Army............... 1842
Pilot program on research and development of plant-based
protein for the Navy................................... 1842
Allowable uses of funds under the Commercial Weather Data
Pilot Program of the Air Force......................... 1842
Pilot program on use of digital twin technologies in the
Armed Forces........................................... 1843
Funding for advanced above water sensors................. 1843
Biofuel and fuel cell vehicle research, development, and
demonstration program.................................. 1843
Radar obstruction research, development, test, and
evaluation program..................................... 1844
Funding for research and development relating to rare
earth elements......................................... 1844
Funding for National Defense Education Program........... 1844
Funding for high energy laser and certain emerging
technology initiatives................................. 1844
Department of Defense advanced technology investment
incentive pilot program................................ 1844
Funding for development of measures to prevent infections
caused by severe fractures............................. 1845
Funding for research into the effects of head-supported
mass on cervical spine health.......................... 1845
Requirement for separate program element for the multi-
medicine manufacturing platform program................ 1846
Modification of national security strategy for national
technology and industrial base......................... 1846
Report on efforts to increase the participation of
Historically Black Colleges and Universities and other
minority-serving institutions in the research and
development activities of the Department of Defense.... 1846
Independent review and assessment of test and evaluation
resource planning...................................... 1846
Periodic reports on risk distribution within research,
development, test, and evaluation activities........... 1847
Review and report on offensive hypersonic weapons
programs of the Department of Defense.................. 1847
Sense of Congress on the additive manufacturing and
machine learning initiative of the Army................ 1848
Funding for robotics supply chain research............... 1848
Funding for enterprise digital transformation with
commercial physics simulation.......................... 1848
Report on national security applications for fusion
energy technology...................................... 1848
Report on defense advanced manufacturing capabilities.... 1849
TITLE III--OPERATION AND MAINTENANCE............................. 1850
Subtitle A--Authorization of Appropriations.................. 1850
Sec. 301--Authorization of appropriations................ 1850
Subtitle B--Energy and Environment........................... 1850
Sec. 311--Center for Excellence in Environmental Security 1850
Sec. 312--Participation in pollutant banks and water
quality trading........................................ 1850
Sec. 313--Consideration under Defense Environmental
Restoration Program for State-owned facilities of the
National Guard with proven exposure of hazardous
substances and waste................................... 1850
Sec. 314--Renewal of annual environmental and energy
reports of Department of Defense....................... 1850
Sec. 315--Aggregation of energy conservation measures and
funding................................................ 1850
Sec. 316--Additional special considerations for energy
performance goals and energy performance master plan... 1851
Sec. 317--Purchase or lease of electric, zero emission,
advanced-biofuel-powered, or hydrogen-powered vehicles
for the Department of Defense.......................... 1851
Sec. 318--Clarification and requirement for Department of
Defense relating to renewable biomass and biogas....... 1851
Sec. 319--Programs of military departments on reduction
of fuel reliance and promotion of energy-aware
behaviors.............................................. 1851
Sec. 320--Establishment of joint working group to
determine joint requirements for future operational
energy needs of Department of Defense.................. 1851
Sec. 321--Amendment to budgeting of Department of Defense
relating to extreme weather............................ 1852
Sec. 322--Prototype and demonstration projects for energy
resilience at certain military installations........... 1852
Sec. 323--Pilot program for development of electric
vehicle charging solutions to mitigate grid stress..... 1852
Sec. 324--Pilot program on use of sustainable aviation
fuel................................................... 1852
Sec. 325--Policy to increase disposition of spent
advanced batteries through recycling................... 1852
Sec. 326--Guidance and target goal relating to formerly
used defense sites programs............................ 1853
Sec. 327--Analysis and plan for addressing heat island
effect on military installations....................... 1853
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.............................. 1853
Subtitle C--Red Hill Bulk Fuel Storage Facility.............. 1853
Sec. 331--Defueling of Red Hill Bulk Fuel Storage
Facility............................................... 1853
Sec. 332--Authorization of closure of underground storage
tank system at Red Hill Bulk Fuel Storage Facility..... 1853
Sec. 333--Report on bulk fuel requirements applicable to
United States Indo-Pacific Command..................... 1854
Sec. 334--Placement of sentinel or monitoring wells in
proximity to Red Hill Bulk Fuel Storage Facility....... 1854
Sec. 335--Studies relating to water needs of the Armed
Forces on Oahu......................................... 1854
Sec. 336--Study on alternative uses for Red Hill Bulk
Fuel Storage Facility.................................. 1854
Sec. 337--Briefing on Department of Defense efforts to
track health implications of fuel leaks at Red Hill
Bulk Fuel Storage Facility............................. 1855
Subtitle D--Treatment of Perfluoroalkyl Substances and
Polyfluoroalkyl Substances................................. 1855
Sec. 341--Department of Defense research relating to
perfluoroalkyl or polyfluoroalkyl substances........... 1855
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............................................... 1855
Sec. 343--Prizes for development of non-PFAS-containing
turnout gear........................................... 1855
Sec. 344--Modification of limitation on disclosure of
results of testing for perfluoroalkyl or
polyfluoroalkyl substances on private property......... 1855
Sec. 345--Restriction on procurement or purchasing by
Department of Defense of turnout gear for firefighters
containing perfluoroalkyl substances or polyfluoroalkyl
substances............................................. 1856
Sec. 346--Annual report on PFAS contamination at certain
military installations from sources other than aqueous
film-forming foam...................................... 1856
Sec. 347--Report on critical PFAS uses; briefings on
Department of Defense procurement of certain items
containing PFOS or PFOA................................ 1856
Subtitle E--Logistics and Sustainment........................ 1857
Sec. 351--Resources required for achieving materiel
readiness metrics and objectives for major defense
acquisition programs................................... 1857
Sec. 352--Annual plan for maintenance and modernization
of naval vessels....................................... 1857
Sec. 353--Inclusion of information regarding joint
medical estimates in readiness reports................. 1857
Sec. 354--Inapplicability of advance billing dollar
limitation for relief efforts following major disasters
or emergencies......................................... 1857
Sec. 355--Repeal of Comptroller General review on time
limitations on duration of public-private competitions. 1857
Sec. 356--Implementation of Comptroller General
recommendations regarding Shipyard Infrastructure
Optimization Plan of the Navy.......................... 1858
Sec. 357--Limitation on availability of funds for
military information support operations................ 1858
Sec. 358--Notification of modification to policy
regarding retention rates for Navy ship repair
contracts.............................................. 1858
Sec. 359--Research and analysis on capacity of private
shipyards in United States and effect of those
shipyards on Naval fleet readiness..................... 1858
Sec. 360--Independent study relating to fuel distribution
logistics across United States Indo-Pacific Command.... 1859
Sec. 361--Quarterly briefings on expenditures for
establishment of fuel distribution points in United
States Indo-Pacific Command area of responsibility..... 1859
Subtitle F--Matters Relating to Depots and Ammunition
Production Facilities...................................... 1859
Sec. 371--Budgeting for depot and ammunition production
facility maintenance and repair: annual report......... 1859
Sec. 372--Extension of authorization of depot working
capital funds for unspecified minor military
construction........................................... 1859
Sec. 373--Five-year plans for improvements to depot and
ammunition production facility infrastructure.......... 1860
Sec. 374--Modification to minimum capital investment for
certain depots......................................... 1860
Sec. 375--Continuation of requirement for biennial report
on core depot-level maintenance and repair............. 1860
Sec. 376--Continuation of requirement for annual report
on funds expended for performance of depot-level
maintenance and repair workloads....................... 1860
Sec. 377--Clarification of calculation for certain
workload carryover of Department of the Army........... 1860
Subtitle G-Other Matters..................................... 1861
Sec. 381--Annual reports by Deputy Secretary of Defense
on activities of Joint Safety Council.................. 1861
Sec. 382--Accountability for Department of Defense
contractors using military working dogs................ 1861
Sec. 383--Membership of Coast Guard on Joint Safety
Council................................................ 1861
Sec. 384--Inclusion in report on unfunded priorities
National Guard responsibilities in connection with
natural and man-made disasters......................... 1861
Sec. 385--Support for training of National Guard
personnel on wildfire prevention and response.......... 1862
Sec. 386--Interagency collaboration and extension of
pilot program on military working dogs and explosives
detection.............................................. 1862
Sec. 387--Amendment to the Sikes Act..................... 1862
Sec. 388--National standards for Federal fire protection
at military installations.............................. 1862
Sec. 389--Pilot programs for tactical vehicle safety data
collection............................................. 1862
Sec. 390--Requirements relating to reduction of out-of-
pocket costs of members of the Armed Forces for uniform
items.................................................. 1862
Sec. 391--Implementation of recommendations relating to
animal facility sanitation and plan for housing and
care of horses......................................... 1863
Sec. 392--Continued designation of Secretary of the Navy
as executive agent for Naval Small Craft Instruction
and Technical Training School.......................... 1863
Sec. 393--Prohibition on use of funds for retirement of
legacy maritime mine countermeasures platforms......... 1863
Legislative Provisions Not Adopted........................... 1863
Funding for Army Community Services...................... 1864
Budget information for alternatives to burn pits......... 1864
Program to track and reduce Scope 3 emissions and energy
costs.................................................. 1864
Sense of Congress regarding electric or zero-emission
vehicles for non-combat vehicle fleet.................. 1864
Report on feasibility of terminating energy procurement
from foreign entities of concern....................... 1864
Study on environmental contamination and cleanup
associated with Thorium-230 and related substances..... 1864
Destruction of materials containing PFAS with
technologies not requiring incineration................ 1865
Comptroller General report on acceleration and
improvement of environmental cleanup of Vieques and
Culebra, Puerto Rico................................... 1865
Report on Department of Defense flood mapping efforts.... 1865
Biannual leak inspections of Navy and Air Force
underground storage tanks on Guam...................... 1865
Modification to restriction on Department of Defense
procurement of certain items containing perfluorooctane
sulfonate or perfluorooctanoic acid.................... 1866
Standards for response actions with respect to PFAS
contamination.......................................... 1866
Secretary of Defense report on establishing procedure for
alerting about exposure to perfluoroalkyl substances... 1866
Report on effects of wildfire and drought conditions on
military readiness at United States Naval Observatory
Flagstaff Station...................................... 1867
Briefings on implementation of recommendations relating
to safety and accident prevention...................... 1867
Requirement of Secretary of Defense to reimburse State
costs of fighting certain wildland fires............... 1867
Establishment of Army and Air Force Safety Commands;
implementation of accident investigation
recommendations........................................ 1868
Limitation on use of charging stations for personal
electric vehicles...................................... 1868
Requirement for public disclosure of results of
Department of Defense lead testing..................... 1868
Briefing relating to use of recycled rubber waste
products by Department of Defense...................... 1868
Use of amounts available to Department of Defense for
operation and maintenance for removal of munitions and
explosives of concern in Guam.......................... 1868
Funding for Utility Helicopter Mods...................... 1869
Sense of Congress regarding the use of working dogs to
detect early stages of diseases........................ 1869
Recognition of service of military working dogs.......... 1869
Maintenance of publicly accessible website by Joint
Safety Council......................................... 1869
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 1870
Subtitle A--Active Forces.................................... 1870
Sec. 401--End strengths for active forces................ 1870
Sec. 402--End strength level matters..................... 1870
Sec. 403--Additional authority to vary Space Force end
strength............................................... 1870
Subtitle B--Reserve Forces................................... 1871
Sec. 411--End strengths for Selected Reserve............. 1871
Sec. 412--End strengths for Reserves on active duty in
support of the Reserves................................ 1871
Sec. 413--End strengths for military technicians (dual
status)................................................ 1871
Sec. 414--Maximum number of reserve personnel authorized
to be on active duty for operational support........... 1872
Subtitle C--Authorization of Appropriations.................. 1872
Sec. 421--Military personnel............................. 1872
TITLE V--MILITARY PERSONNEL POLICY............................... 1872
Subtitle A--Officer Personnel Policy......................... 1872
Sec. 501--Authorized strengths for Space Force officers
on Active Duty in grades of major, lieutenant colonel,
and colonel............................................ 1872
Sec. 502--Distribution of commissioned officers on Active
Duty in general officer and flag officer grades........ 1872
Sec. 503--Redistribution of naval officers serving on
Active Duty in the grades of O-8 and O-9............... 1873
Sec. 504--Authorized strength after December 31, 2022:
general officers and flag officers on Active Duty...... 1873
Sec. 505--Extension of grade retention for certain
officers while awaiting retirement..................... 1873
Sec. 506--Exclusion of officers serving as lead special
trial counsel from limitations on authorized strengths
for general and flag officers.......................... 1873
Sec. 507--Constructive service credit for certain
officers of the Armed Forces........................... 1873
Sec. 508--Improvements to the selection of warrant
officers in the military departments for promotion..... 1874
Sec. 509--Advice and consent requirement for waivers of
mandatory retirement for superintendents of military
service academies...................................... 1874
Sec. 509A--Modification of reports on Air Force personnel
performing duties of a nuclear and missile operations
officer (13N).......................................... 1874
Sec. 509B--Assessments of staffing in the Office of the
Secretary of Defense and other Department of Defense
headquarters offices................................... 1875
Sec. 509C--GAO review of certain officer performance
evaluations............................................ 1875
Sec. 509D--Study of chaplains............................ 1875
Subtitle B--Reserve Component Management..................... 1875
Sec. 511--Inclusion of additional information on the
Senior Reserve Officers' Training Corps in reports
accompanying the national defense strategy............. 1875
Sec. 512--Expansion of eligibility to serve as an
instructor in the Junior Reserve Officers' Training
Corps.................................................. 1876
Sec. 513--Backdating of effective date of rank for
reserve officers in the National Guard due to undue
delays in Federal recognition.......................... 1876
Sec. 514--Inspections of the National Guard.............. 1876
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......... 1877
Sec. 516--Continued National Guard support for FireGuard
program................................................ 1877
Sec. 517--Enhancement of National Guard Youth Challenge
Program................................................ 1877
Sec. 518--Notice to Congress before certain actions
regarding units of certain reserve components.......... 1877
Sec. 519--Independent study on Federal recognition of
National Guard officers................................ 1878
Sec. 519A--Review and update of report on geographic
dispersion of Junior Reserve Officers' Training Corps.. 1878
Sec. 519B--Briefing on duties of the Army Interagency
Training and Education Center.......................... 1878
Subtitle C--General Service Authorities and Military Records. 1878
Sec. 521--Consideration of adverse information by special
selection review boards................................ 1878
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 1879
Sec. 523--Limitation of extension of period of Active
Duty for a member who accepts a fellowship,
scholarship, or grant.................................. 1879
Sec. 524--Expansion of mandatory characterizations of
administrative discharges of certain members on the
basis of failure to receive COVID-19 vaccine........... 1879
Sec. 525--Rescission of COVID-19 vaccination mandate..... 1879
Sec. 526--Temporary exemption from end strength grade
restrictions for the Space Force....................... 1880
Sec. 527--Notification to next of kin upon the death of a
member of the Armed Forces: study; update; training;
report................................................. 1880
Sec. 528--Gender-neutral fitness physical readiness
standards for military occupational specialties of the
Army................................................... 1880
Sec. 529--Recurring report regarding COVID-19 mandate.... 1881
Sec. 530--Sense of Congress regarding women involuntarily
separated from the Armed Forces due to pregnancy or
parenthood............................................. 1881
Subtitle D--Recruitment and Retention........................ 1881
Sec. 531--Treatment of personally identifiable
information regarding prospective recruits............. 1881
Sec. 532--Revival and extension of temporary authority
for targeted recruitment incentives.................... 1882
Sec. 533--Report on recruiting efforts of certain Armed
Forces................................................. 1882
Sec. 534--Review of marketing and recruiting of the
Department of Defense.................................. 1882
Sec. 535--Report on Department of Defense recruitment
advertising to racial and ethnic minority communities.. 1882
Sec. 536--Improving oversight of military recruitment
practices in public secondary schools.................. 1883
Sec. 537--Best practices for the retention of certain
female members of the Armed Forces..................... 1883
Sec. 538--Review of certain personnel policies of special
operations forces...................................... 1883
Sec. 539--Support for members who perform duties
regarding remotely piloted aircraft: study; report..... 1883
Sec. 539A--Retention and recruitment of members of the
Army who specialize in air and missile defense systems. 1884
Subtitle E--Military Justice and Other Legal Matters......... 1884
Sec. 541--Matters in connection with special trial
counsel................................................ 1884
Sec. 542--Technical corrections relating to special trial
counsel................................................ 1885
Sec. 543--Randomization of court-martial panels.......... 1885
Sec. 544--Jurisdiction of Courts of Criminal Appeals..... 1885
Sec. 545--Special trial counsel of the Department of the
Air Force.............................................. 1885
Sec. 546--Independent investigation of sexual harassment. 1885
Sec. 547--Primary prevention research agenda and
workforce.............................................. 1886
Sec. 548--Limitation on availability of funds for
relocation of Army CID special agent training course... 1886
Sec. 549--Review of titling and indexing practices of the
Army and certain other organizations................... 1886
Sec. 549A--Briefing and report on resourcing required for
implementation of military justice reform.............. 1887
Sec. 549B--Report on sharing information with counsel for
victims of offenses under the Uniform Code of Military
Justice................................................ 1887
Sec. 549C--Dissemination of civilian legal services
information............................................ 1887
Subtitle F--Member Education................................. 1888
Sec. 551--Authorization of certain support for military
service academy foundations............................ 1888
Sec. 552--Individuals from the District of Columbia who
may be considered for appointment to military service
academies.............................................. 1888
Sec. 553--Agreement by a cadet or midshipman to play
professional sport constitutes a breach of agreement to
serve as an officer.................................... 1888
Sec. 554--Naval Postgraduate School and United States Air
Force Institute of Technology: terms of Provosts and
Chief Academic Officers................................ 1889
Sec. 555--Naval Postgraduate School: attendance by
enlisted members....................................... 1889
Sec. 556--Modification of annual report on demographics
of military service academy applicants................. 1889
Sec. 557--Study and report on professional military
education.............................................. 1890
Sec. 558--Report on treatment of China in curricula of
professional military education........................ 1890
Subtitle G--Member Training and Transition................... 1890
Sec. 561--Codification of SkillBridge program............ 1890
Sec. 562--Pilot program on remote personnel processing in
the Army............................................... 1890
Sec. 563--Annual report on members separating from active
duty who file claims for disability benefits........... 1891
Sec. 564--Female members of certain Armed Forces and
civilian employees of the Department of Defense in STEM 1891
Subtitle H--Military Family Readiness and Dependents'
Education.................................................. 1891
Sec. 571--Clarification and expansion of authorization of
support for chaplain-led programs for members of the
Armed Forces........................................... 1891
Sec. 572--Pilot program to expand eligibility for
enrollment at domestic dependent elementary and
secondary schools: extension; report................... 1892
Sec. 573--Commercial air waiver for next of kin regarding
transportation of remains of casualties................ 1892
Sec. 574--Certain assistance to local educational
agencies that benefit dependents of military and
civilian personnel..................................... 1892
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................ 1893
Sec. 576--Pilot program on hiring of special needs
inclusion coordinators for Department of Defense child
development centers.................................... 1893
Sec. 577--Promotion of certain child care assistance..... 1893
Sec. 578--Industry roundtable on military spouse hiring.. 1893
Sec. 579--Recommendations for the improvement of the
Military Interstate Children's Compact................. 1893
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................ 1894
Sec. 579B--Briefing on policies regarding single parents
serving as members of the Armed Forces................. 1894
Sec. 579C--Public reporting on certain military child
care programs.......................................... 1894
Sec. 579D--Briefing on verification of eligible federally
connected children for purposes of Federal impact aid
programs............................................... 1894
Sec. 579E--Sense of Congress on rights of parents of
children attending schools operated by the Department
of Defense Education Activity.......................... 1895
Subtitle I--Decorations, Awards, and Other Honors............ 1895
Sec. 581--Clarification of procedure for boards for the
correction of military records to review determinations
regarding certain decorations.......................... 1895
Sec. 582--Authorization for certain awards............... 1895
Sec. 583--Posthumous appointment of Ulysses S. Grant to
the grade of General of the Armies of the United States 1896
Sec. 584--Enhanced information related to awarding of the
Purple Heart........................................... 1896
Subtitle J--Miscellaneous Reports and Other Matters.......... 1896
Sec. 591--Report on non-citizen members of the Armed
Forces................................................. 1896
Sec. 592--Notification on manning of afloat naval forces:
modifications; codification............................ 1896
Sec. 593--Clarification of authority of NCMAF to update
Chaplains Hill at Arlington National Cemetery.......... 1897
Sec. 594--Disinterment of remains of Andrew Chabrol from
Arlington National Cemetery............................ 1897
Sec. 595--Pilot program on safe storage of personally
owned firearms......................................... 1897
Sec. 596--Pilot program on car sharing on remote or
isolated military installations........................ 1898
Sec. 597--Briefing on the effects of economic inflation
on members of the Armed Forces......................... 1898
Sec. 598--Study on improvement of access to voting for
members of the Armed Forces overseas................... 1898
Sec. 599--Report on incidence of military suicides by
military job code...................................... 1898
Sec. 599A--Report on efforts to prevent and respond to
deaths by suicide in the Navy.......................... 1899
Sec. 599B--Report on officer personnel management and the
development of the professional military ethic of the
Space Force............................................ 1899
Legislative Provisions Not Adopted........................... 1899
Clarification of grade of Surgeon General of the Navy.... 1899
Grades of certain chiefs of reserve components........... 1899
Grade of Vice Chief of the National Guard Bureau......... 1900
Selected Reserve and Ready Reserve order to Active Duty
to respond to a significant cyber incident............. 1900
Financial assistance program for specially selected
members: Army Reserve and Army National Guard.......... 1900
Requirement of consent of the chief executive officer for
certain full-time National Guard duty performed in a
State, Territory, or the District of Columbia.......... 1900
Inclusion of United States Naval Sea Cadet Corps among
youth and charitable organizations authorized to
receive assistance from the National Guard............. 1901
Divestiture of Tactical Control Party.................... 1901
Modernization of the Selective Service System............ 1901
Prohibition on induction under the Military Selective
Service Act without express authorization.............. 1901
Briefing and report on administrative separation boards.. 1902
Prohibition on considering state laws and regulations
when determining individual duty assignments........... 1902
Prohibition on use of photographs by certain military
promotion boards....................................... 1902
Enlistments: compilation of directory and other
prospective recruit information........................ 1902
Continuing military service for certain members eligible
for chapter 61 retirement.............................. 1903
Sense of Congress regarding the Port Chicago 50.......... 1903
Implementation of certain recommendations regarding
screening individuals who seek to enlist in the Armed
Forces and countering extremist activity in the
Department of Defense.................................. 1903
Record of military service for members of the Armed
Forces................................................. 1903
Standards for imposition of commanding officer's non-
judicial punishment.................................... 1904
Financial assistance for victims of offenses under the
Uniform Code of Military Justice....................... 1904
Addressing sex-related offenses and sexual harassment
involving members of the National Guard................ 1904
Prohibition on sharing of information on domestic
violence incidents..................................... 1904
Sentencing parameters under the Uniform Code of Military
Justice for hate crimes................................ 1905
Recommendations for sentencing of marijuana-based
offenses under the Uniform Code of Military Justice.... 1905
Review and report on the definition of consent for
purposes of the offenses of rape and sexual assault
under the Uniform Code of Military Justice............. 1905
Standards and reports relating to cases overseen by
military criminal investigative organizations.......... 1905
Clarifications of procedure in investigations of
personnel actions taken against members of the Armed
Forces in retaliation for protected communications..... 1906
Treatment of certain complaints from members of the Armed
Forces................................................. 1906
Pilot program on financial assistance for victims of
domestic violence...................................... 1906
Activities to improve information sharing and
collaboration on matters relating to the prevention of
and response to domestic abuse and child abuse and
neglect among military families........................ 1906
Inspector General investigation into discrimination
against members and employees of Middle Eastern and
North African descent.................................. 1907
Time limit for processing certain administrative
complaints............................................. 1907
Review and report on administration of sexual harassment
claims................................................. 1907
Improvements to Department of Defense tracking of and
response to incidents of child abuse, adult crimes
against children, and serious harmful behavior between
children and youth involving military dependents on
military installations................................. 1907
Interagency task force to protect members, veterans, and
military families from financial fraud................. 1908
Exclusion of evidence obtained without prior
authorization.......................................... 1908
Increase in maximum number of students enrolled at
Uniformed Services University of the Health Sciences... 1908
Authority to waive tuition at United States Air Force
Institute of Technology for certain private sector
civilians.............................................. 1909
Speech disorders of cadets and midshipmen................ 1909
Amendments to pathways for counseling in the Transition
Assistance Program..................................... 1909
Information regarding apprenticeships for members during
initial entry training................................. 1909
Extremist activity by a member of the Armed Forces:
notation in service record; Transition Assistance
Program counseling..................................... 1909
Pre-service education demonstration program.............. 1910
Training on digital citizenship and media literacy in
annual cyber awareness training for certain members.... 1910
Pilot grant program to supplement the Transition
Assistance Program of the Department of Defense........ 1910
SkillBridge: apprenticeship programs..................... 1910
Training on consequences of committing a crime in
preseparation counseling of the Transition Assistance
Program................................................ 1911
Participation of members of the reserve components of the
Armed Forces in the SkillBridge program................ 1911
Outreach to members regarding possible toxic exposure.... 1911
Activities to assist the transition of members of the
Armed Forces and veterans into careers in education.... 1911
Funding for SkillBridge.................................. 1912
Funding for SkillBridge for law enforcement training..... 1912
Numbers of certain nominations for cadets at the United
States Military Academy................................ 1912
Pilot Transition Assistance Program for military spouses. 1912
Guidelines for Active-Duty military on potential risks
and prevention of toxic exposures...................... 1912
Government Accountability Office report on screenings
included in the health assessment for members
separating from the Armed Forces....................... 1913
Department of Defense report on third-party job search
technology............................................. 1913
Expansion of pilot program to provide financial
assistance to members of the Armed Forces for in-home
child care............................................. 1913
Advisory panel on community support for military families
with special needs..................................... 1913
Exceptional Family Member Program grant program.......... 1914
Feasibility study and report on pilot program to provide
Preservation of the Force and Family services to
separating members of special operations forces and
certain family members................................. 1914
Military Spouse Transition Program: provision online and
in multiple languages.................................. 1915
Surveys regarding military spouses....................... 1915
Report on the effects of the shortage of infant formula
on the families of members of the Armed Forces......... 1915
Briefing on child care at Camp Bull Simons............... 1916
Authority to award the Medal of Honor to a member of the
Armed Forces for acts of valor while a prisoner of war. 1916
Rescission of Medals of Honor awarded for acts at Wounded
Knee Creek on December 29, 1890........................ 1916
Sense of Congress regarding service of Gary Andrew Cyr... 1916
Eligibility of veterans of Operation End Sweep for
Vietnam Service Medal.................................. 1917
Recognition of service of Lieutenant General Frank
Maxwell Andrews........................................ 1917
Authorization for award of Medal of Honor to E. Royce
Williams for acts of valor during the Korean War....... 1917
Authorization for award of Medal of Honor to James
Capers, Jr. for acts of valor as a member of the Marine
Corps during the Vietnam War........................... 1917
Study on fraudulent misrepresentation about receipt of a
military medal or decoration........................... 1918
Electronic notarization for members of the Armed Forces.. 1918
Armed Forces workplace and gender relations surveys...... 1918
Task force on historical and current barriers to African
American participation and equal treatment in the armed
services............................................... 1918
Plan to combat racial bias, discrimination, and
harassment against Asian American service members,
civilians, and contractor personnel.................... 1919
Report on instances of antisemitism...................... 1919
Annual report regarding cost of living for members and
employees of the Department of Defense................. 1919
Review of recruiting efforts for women................... 1920
Report on support for pregnant members................... 1920
Clarification of authority to solicit gifts in support of
the mission of the Defense POW/MIA Accounting Agency to
account for members of the Armed Forces and Department
of Defense civilian employees listed as missing........ 1920
Report on programs through which members of the Armed
Forces may file anonymous concerns..................... 1920
Recognition of military Olympic competition.............. 1921
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 1921
Subtitle A--Bonus and Incentive Pays......................... 1921
Sec. 601--One-year extension of certain expiring bonus
and special pay authorities............................ 1921
Sec. 602--Increase to maximum amounts of certain bonus
and special pay authorities............................ 1921
Sec. 603--Cold weather duty: authorization of assignment
or special duty pay; travel allowance for members of
the Armed Forces assigned to Alaska.................... 1921
Sec. 604--Air Force rated officer retention demonstration
program................................................ 1922
Subtitle B--Allowances Other Than Travel and Transportation
Allowances................................................. 1922
Sec. 611--Increases in maximum allowable income for
purposes of eligibility for basic needs allowance...... 1922
Sec. 612--Extension of authority to temporarily adjust
basic allowance for housing in certain areas........... 1923
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................................................. 1923
Sec. 614--Basic allowance for housing for members without
dependents when home port change would financially
disadvantage member.................................... 1923
Sec. 615--Revival and redesignation of provision
establishing benefits for certain members assigned to
the Defense Intelligence Agency........................ 1923
Sec. 616--Extension of one-time uniform allowance for
officers who transfer to the Space Force............... 1923
Sec. 617--OCONUS cost of living allowance: adjustments;
notice to certain congressional committees............. 1924
Subtitle C--Travel and Transportation Allowances............. 1924
Sec. 621--Allowable travel and transportation allowances:
complex overhaul....................................... 1924
Sec. 622--Expansion of authority to reimburse a member of
the uniformed services for spousal business costs
arising from a permanent change of station............. 1924
Sec. 623--Extension of authority to reimburse members for
spouse relicensing costs pursuant to a permanent change
of station............................................. 1924
Sec. 624--Reimbursement of a member of the uniformed
services for costs to relocate a pet that arise from a
permanent change of station............................ 1925
Sec. 625--Travel and transportation allowances for
certain members of the Armed Forces who attend a
professional military education institution or training
classes................................................ 1925
Sec. 626--Conforming amendments to update references to
travel and transportation authorities.................. 1925
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.............. 1925
Subtitle D--Leave............................................ 1926
Sec. 631--Technical amendments to leave entitlement and
accumulation........................................... 1926
Sec. 632--Modification of authority to allow members of
the Armed Forces to accumulate leave in excess of 60
days................................................... 1926
Sec. 633--Convalescent leave for a member of the Armed
Forces................................................. 1926
Subtitle E--Family and Survivor Benefits..................... 1927
Sec. 641--Claims relating to the return of personal
effects of a deceased member of the Armed Forces....... 1927
Sec. 642--Extension of parent fee discount to child care
employees.............................................. 1927
Sec. 643--Survivor Benefit Plan open season.............. 1927
Sec. 644--Military installations with limited child care:
briefing............................................... 1927
Sec. 645--Food insecurity among military families: data
collection; training; report........................... 1928
Subtitle F--Defense Resale Matters........................... 1928
Sec. 651--Prohibition of the sale of certain goods from
the Xinjiang Uyghur Autonomous Region in commissaries
and exchanges.......................................... 1928
Subtitle G--Miscellaneous Studies, Briefings, and Reports.... 1928
Sec. 661--Study on basic pay............................. 1928
Sec. 662--Report on accuracy of basic allowance for
housing................................................ 1929
Sec. 663--Review of dislocation and relocation allowances 1929
Sec. 664--Complex overhaul pay: briefing................. 1929
Sec. 665--Studies on compensation for DOD child care
providers.............................................. 1929
Sec. 666--Barriers to home ownership for members of the
Armed Forces: study; report............................ 1929
Legislative Provisions Not Adopted........................... 1930
Allowance for gym membership for certain members of the
Armed Forces who reside more than 10 miles from a
military installation.................................. 1930
Repeal of sunset of hazardous duty pay................... 1930
Authorization of incentive pay to a member of the Armed
Forces whose disclosure of fraud, waste, or
mismanagement results in cost savings to the military
department concerned................................... 1930
Inflation bonus pay...................................... 1930
Expanded eligibility for bereavement leave for members of
the Armed Forces....................................... 1931
Transitional compensation and benefits for the former
spouse of a member of the Armed Forces who allegedly
committed a dependent-abuse offense during marriage.... 1931
Authorization of permissive temporary duty for wellness.. 1931
Plan for reimbursement of certain expenses of certain
members and veterans related to Afghanistan evacuation. 1931
Expansion of the space-available travel program to allow
certain disabled veterans to travel with a caregiver or
dependent on certain aircraft.......................... 1932
Elimination of cap on additional retired pay for
extraordinary heroism for members of the Army and Air
Force who served during the Vietnam Era................ 1932
TITLE VII--HEALTH CARE PROVISIONS................................ 1932
Subtitle A--TRICARE and Other Health Care Benefits........... 1932
Sec. 701--Improvements to TRICARE Dental Program......... 1932
Sec. 702--Health benefits for members of the National
Guard following required training or other duty to
respond to a national emergency........................ 1933
Sec. 703--Improvement of referrals for specialty care
under TRICARE Prime during permanent changes of station 1933
Sec. 704--Confidentiality requirements for mental health
care services for members of the Armed Forces.......... 1934
Sec. 705--Audit of behavioral health care network
providers listed in TRICARE directory.................. 1934
Sec. 706--Independent analysis of quality and patient
safety review process under direct care component of
TRICARE program........................................ 1934
Sec. 707--Study on providing benefits under TRICARE
Reserve Select and TRICARE Dental Program to members of
the Selected Reserve and dependents thereof............ 1934
Sec. 708--GAO study on certain contracts relating to
TRICARE program and oversight of such contracts........ 1935
Sec. 709--GAO study on coverage of mental health services
under TRICARE program and relationship to certain
mental health parity laws.............................. 1935
Subtitle B--Health Care Administration....................... 1936
Sec. 711--Accountability for wounded warriors undergoing
disability evaluation.................................. 1936
Sec. 712--Inclusion of level three trauma care
capabilities in requirements for medical centers....... 1936
Sec. 713--Centers of excellence for specialty care in
military health system................................. 1936
Sec. 714--Maintenance of core casualty receiving
facilities to improve medical force readiness.......... 1936
Sec. 715--Congressional notification requirement to
modify scope of services provided at military medical
treatment facilities................................... 1937
Sec. 716--Improvements to processes to reduce financial
harm caused to civilians for care provided at military
medical treatment facilities........................... 1937
Sec. 717--Authority to carry out studies and
demonstration projects relating to delivery of health
and medical care through use of other transaction
authority.............................................. 1938
Sec. 718--Licensure requirement for certain health-care
professionals providing services as part of mission
relating to emergency, humanitarian, or refugee
assistance............................................. 1938
Sec. 719--Authorization of permanent program to improve
opioid management in the military health system........ 1938
Sec. 720--Modification of requirement to transfer
research and development and public health functions to
Defense Health Agency.................................. 1938
Sec. 721--Access to certain dependent medical records by
remarried former spouses............................... 1939
Sec. 722--Authority for Department of Defense program to
promote early literacy among certain young children.... 1939
Sec. 723--Plan for Accountable Care Organization
demonstration.......................................... 1939
Sec. 724--Feasibility study and plan on establishing a
Military Health System Medical Logistics Directorate
and Military Health System Education and Training
Directorate............................................ 1940
Subtitle C--Reports and Other Matters........................ 1940
Sec. 731--Briefing and report on reduction or realignment
of military medical manning and medical billets........ 1940
Sec. 732--Independent analysis of Department of Defense
Comprehensive Autism Care Demonstration Program........ 1941
Sec. 733--Clarification of membership requirements and
compensation authority for independent suicide
prevention and response review committee............... 1941
Sec. 734--Termination of veterans' advisory board on
radiation dose reconstruction.......................... 1941
Sec. 735--Brain health initiative of Department of
Defense................................................ 1941
Sec. 736--Establishment of partnership program between
United States and Ukraine for military trauma care and
research............................................... 1942
Sec. 737--Improvements relating to behavioral health care
available under military health system................. 1942
Sec. 738--Certification program in provision of mental
health services to members of the Armed Forces and
military families...................................... 1943
Sec. 739--Standardization of policies relating to service
in Armed Forces by individuals diagnosed with HBV...... 1943
Sec. 740--Suicide cluster: standardized definition for
use by Department of Defense; congressional
notification........................................... 1944
Sec. 741--Limitation on reduction of military medical
manning end strength: certification requirement and
other reforms.......................................... 1944
Sec. 742--Feasibility study on establishment of
Department of Defense internship programs relating to
civilian behavioral health providers................... 1944
Sec. 743--Updates to prior feasibility studies on
establishment of new command on defense health......... 1945
Sec. 744--Capability assessment and action plan with
respect to effects of exposure to open burn pits and
other environmental hazards............................ 1945
Sec. 745--Kyle Mullen Navy Seal medical training review.. 1945
Sec. 746--Reports on composition of medical personnel of
each military department and related matters........... 1946
Sec. 747--Report on effects of low recruitment and
retention on operational tempo and physical and mental
health of members of the Armed Forces.................. 1946
Sec. 748--Guidance for addressing healthy relationships
and intimate partner violence through TRICARE program.. 1946
Sec. 749--Briefing on suicide prevention reforms for
members of the Armed Forces............................ 1947
Legislative Provisions Not Adopted........................... 1947
Clarification of coverage of artificial reproductive
services for certain TRICARE beneficiaries............. 1947
Clarification of coverage of certain areolar nipple
tattooing procedures under TRICARE program............. 1947
Temporary requirement for contraception coverage parity
under the TRICARE program.............................. 1947
Rates of reimbursement for providers of applied behavior
analysis............................................... 1948
Medical testing and related services for firefighters of
Department of Defense.................................. 1948
Improvements relating to Medical Officer of the Marine
Corps position......................................... 1948
Requirement to establish academic health system.......... 1949
Adherence to policies relating to mild traumatic brain
injury and post-traumatic stress disorder.............. 1949
Incentive payments for retention of certain behavioral
health providers....................................... 1949
Clarification of license portability for health care
providers providing services under Reserve Health
Readiness program...................................... 1949
Policy of Defense Health Agency on expanded recognition
of board certifications for physicians................. 1950
Sleep apnea screening.................................... 1950
Demonstration project on infant and early childhood
mental health services for children of members of the
Armed Forces........................................... 1950
Improvements to military medical treatment facilities and
other facilities under military health system.......... 1951
Affiliates Sharing Pilot Program......................... 1951
Housing first report..................................... 1951
Three-year extension of authority to continue Department
of Defense-Veterans Affairs Health Care Sharing
Incentive Fund......................................... 1951
Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund..................................... 1952
Study and awareness initiative regarding use of qualified
alternative therapies to treat certain members of the
Armed Forces on terminal leave......................... 1952
Report on feasibility of certain licensing models for
Department of Defense-owned vaccines and other medical
interventions relating to COVID-19..................... 1953
Study on the impact of military trauma and intimate
partner violence on maternal health outcomes........... 1953
Expansion of extramedical maternal health providers
demonstration project to include members of the Armed
Forces on Active Duty and other individuals receiving
care at military medical treatment facilities.......... 1953
Report on coverage of behavioral and mental health crisis
services under TRICARE program......................... 1954
Report on mental health provider readiness designations.. 1954
Study on provider training gaps with respect to screening
and treatment of maternal mental health conditions..... 1954
Report on mental health conditions and metabolic disease
among certain members of Armed Forces.................. 1955
Health-related behaviors survey and report............... 1955
Report on coordination, data sharing, and evaluation
efforts for suicide prevention......................... 1955
Government Accountability Office study on Department of
Defense and Veterans Affairs mammogram and breast
cancer screening policies.............................. 1956
Study and report on rate of cancer-related morbidity and
mortality.............................................. 1956
Government Accountability Office study on access to
Exceptional Family Member program and Extended Care
Health Option program by members of reserve components. 1956
Inclusion of exposure to perfluoroalkyl and
polyfluoroalkyl substances as component of periodic
health assessments..................................... 1957
Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances............................. 1957
Non-medical counseling services for military families.... 1957
Improvement to Wounded Warrior Service Dog Program....... 1958
Assignment of behavioral health providers and technicians
to aircraft carriers................................... 1958
Pilot program on cryopreservation and storage............ 1958
Pilot program for participation by members of Selected
Reserve in health professions scholarship and financial
assistance programs.................................... 1959
Pilot program on ensuring pharmaceutical supply stability 1959
Grant program for increased cooperation on post-traumatic
stress disorder research between United States and
Israel................................................. 1959
Pilot programs of Defense Health Agency relating to
sexual health.......................................... 1960
Drop boxes on military installations for deposit of
unused prescription drugs.............................. 1960
Funding for pancreatic cancer research................... 1960
Psychological evaluations for members of the Armed Forces
returning from Kabul................................... 1961
Annual review and update of online information relating
to suicide prevention.................................. 1961
Funding for post-traumatic stress disorder............... 1961
Increased collaboration with National Institutes of
Health to combat triple negative breast cancer......... 1961
Pilot program to improve military readiness through
nutrition and wellness initiatives..................... 1962
Screening and registry of individuals with health
conditions resulting from unsafe housing units......... 1962
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 1963
Subtitle A--Acquisition Policy and Management................ 1963
Sec. 801--Writing award to encourage curiosity and
persistence in overcoming obstacles in acquisition..... 1963
Sec. 802--Task and delivery order contracting for
architectural and engineering services................. 1963
Sec. 803--Data requirements for commercial products for
major weapon systems................................... 1963
Sec. 804--Revision of authority for procedures to allow
rapid acquisition and deployment of capabilities needed
under specified high-priority circumstances............ 1964
Sec. 805--Treatment of certain clauses implementing
Executive orders....................................... 1964
Sec. 806--Life cycle management and product support...... 1964
Sec. 807--Amendments to contractor employee protections
from reprisal for disclosure of certain information.... 1965
Sec. 808--Use of fixed-price type contracts for certain
major defense acquisition programs..................... 1966
Sec. 809--Acquisition reporting system................... 1966
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 1966
Sec. 811--Inclusion in budget justification materials of
enhanced reporting on proposed cancellations and
modifications to multiyear contracts................... 1966
Sec. 812--Comptroller General assessment of acquisition
programs and related efforts........................... 1966
Sec. 813--Extension of Defense Modernization Account
authority.............................................. 1966
Sec. 814--Clarification to fixed-price incentive contract
references............................................. 1967
Sec. 815--Modification of reporting requirement in
connection with requests for multiyear procurement
authority for large defense acquisitions............... 1967
Sec. 816--Modification of provision relating to
determination of certain activities with unusually
hazardous risks........................................ 1967
Sec. 817--Modification to prohibition on operation or
procurement of foreign-made unmanned aircraft systems.. 1968
Sec. 818--Extension of pilot program to accelerate
contracting and pricing processes...................... 1968
Sec. 819--Extension of pilot program for distribution
support and services for weapons systems contractors... 1968
Sec. 820--Extension and modification of Never Contract
with the Enemy......................................... 1968
Sec. 821--Repeal of requirement for Inspector General of
the Department of Defense to conduct certain reviews... 1969
Sec. 822--Modification of contracts to provide
extraordinary relief due to inflation impacts.......... 1969
Subtitle C--Provisions Relating to Acquisition Workforce..... 1969
Sec. 831--Key experiences and enhanced pay authority for
acquisition workforce excellence....................... 1969
Sec. 832--Defense Acquisition University reforms......... 1970
Sec. 833--Modifications to Defense Civilian Training
Corps.................................................. 1970
Sec. 834--Acquisition workforce incentives relating to
training on, and agreements with, certain start-up
businesses............................................. 1971
Sec. 835--Curricula on software acquisitions and
cybersecurity software or hardware acquisitions for
covered individuals.................................... 1972
Sec. 836--Department of Defense national imperative for
industrial skills program.............................. 1972
Subtitle D--Provisions Relating to Software and Technology... 1972
Sec. 841--Guidelines and resources on the acquisition or
licensing of intellectual property..................... 1972
Sec. 842--Modification of authority of the Department of
Defense to carry out certain prototype projects........ 1972
Sec. 843--Other transaction authority clarification...... 1972
Sec. 844--Prizes for advanced technology achievements.... 1973
Sec. 845--Congressional notification for pilot program to
accelerate the procurement and fielding of innovative
technologies........................................... 1973
Sec. 846--Report on software delivery times.............. 1973
Subtitle E--Industrial Base Matters.......................... 1973
Sec. 851--Modification to the national technology and
industrial base........................................ 1973
Sec. 852--Modification to miscellaneous limitations on
the procurement of goods other than United States goods 1974
Sec. 853--Requirements for the procurement of certain
components for certain naval vessels and auxiliary
ships.................................................. 1974
Sec. 854--Modifications to the procurement technical
assistance program..................................... 1974
Sec. 855--Codification of prohibition on certain
procurements from the Xinjiang Uyghur Autonomous Region 1974
Sec. 856--Codification of the Department of Defense
Mentor-Protege Program................................. 1975
Sec. 857--Procurement requirements relating to rare earth
elements and strategic and critical materials.......... 1975
Sec. 858--Analyses of certain activities for action to
address sourcing and industrial capacity............... 1975
Sec. 859--Demonstration exercise of enhanced planning for
industrial mobilization and supply chain management.... 1975
Sec. 860--Risk management for Department of Defense
pharmaceutical supply chains........................... 1976
Sec. 861--Strategy for increasing competitive
opportunities for certain critical technologies........ 1976
Sec. 862--Key advanced system development industry days.. 1976
Subtitle F--Small Business Matters........................... 1977
Sec. 871--Codification of Small Business Administration
scorecard.............................................. 1977
Sec. 872--Modifications to the SBIR and STTR programs.... 1977
Sec. 873--Access to data on bundled or consolidated
contracts.............................................. 1977
Sec. 874--Small business integration working group....... 1977
Sec. 875--Demonstration of commercial due diligence for
small business programs................................ 1977
Sec. 876--Development and assessment of mission
effectiveness metrics.................................. 1978
Subtitle G--Other Matters.................................... 1978
Sec. 881--Technical correction to effective date of the
transfer of certain title 10 acquisition provisions.... 1978
Sec. 882--Security clearance bridge pilot program........ 1978
Sec. 883--Existing agreement limits for Operation Warp
Speed.................................................. 1978
Sec. 884--Incorporation of controlled unclassified
information guidance into program classification guides
and program protection plans........................... 1979
Legislative Provisions Not Adopted........................... 1979
Modifications to middle tier acquisition authority....... 1979
Preference for domestic foods for military working dogs.. 1980
Prohibition on certain procurements of major defense
acquisition programs................................... 1980
Enhanced domestic content requirement for major defense
acquisition programs................................... 1980
Mission-based rapid acquisition account.................. 1980
Preference for offerors that meet certain requirements... 1981
Subcontracting requirements for certain contracts awarded
to educational institutions............................ 1981
Competition requirements for purchases from Federal
Prison Industries...................................... 1981
Require full domestic production of flags of the United
States acquired by the Department of Defense........... 1982
Compliance procedures for investigating the prohibition
on criminal history inquiries by Federal contractors
prior to conditional offer............................. 1982
Reestablishment of Commission on Wartime Contracting..... 1982
Progress payment incentive pilot......................... 1983
Report on Department of Defense Strategic Capabilities
Office contracting capabilities........................ 1983
Repeal of certain provisions relating to acquisition
workforce incentives................................... 1984
Update to plan on reduction of reliance on services,
supplies, or materials from covered countries.......... 1984
Microloan program; definitions........................... 1984
Prohibition on covered airport contracts with certain
entities............................................... 1984
Review of advances in domestic production of carbon fiber 1984
Extension of transfer date for the verification of small
business concerns owned and controlled by veterans or
service-disabled veterans to the Small Business
Administration......................................... 1985
Application of price evaluation preference for qualified
HUBZone small business concerns to certain contracts... 1985
Modifications to the nonmanufacturer rule................ 1985
Study on small business assistance to foreign-based
companies.............................................. 1985
Report on strategic and critical materials............... 1985
Sense of Congress on modernizing defense supply chain
management............................................. 1986
Prohibition on the use of LOGINK......................... 1986
Extension of participation in 8(a) program............... 1987
Report on small business concerns owned and controlled by
women.................................................. 1987
Native Hawaiian organizations............................ 1987
Temporary suspension of COVID-19 vaccine mandate for
Department of Defense contractors...................... 1987
Government Accountability Office report on Department of
Defense contract financing and commercial best
practices.............................................. 1988
Prohibition on contracting with employers that violated
the National Labor Relations Act....................... 1988
Amendments to contracting authority for certain small
business concerns...................................... 1989
Equitable adjustments to construction contracts.......... 1989
Manufacturing of insulin................................. 1989
Need for development and acquisition of natural rubber
from domestic herbacious plant sources................. 1990
Duties of small business development center counselors... 1990
Establishment of Office of Strategic Capital............. 1990
Homeland Procurement Reform Act.......................... 1991
Collection, verification, and disclosure of information
by online marketplaces to inform consumers............. 1991
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 1992
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 1992
Sec. 901--Increase in authorized number of Assistant and
Deputy Assistant Secretaries of Defense................ 1992
Sec. 902--Conforming amendments relating to repeal of
position of Chief Management Officer................... 1992
Sec. 903--Limitation on use of funds pending
demonstration of product to identify, task, and manage
congressional reporting requirements................... 1992
Sec. 904--Limitation on use of funds pending compliance
with requirements relating to alignment of Close Combat
Lethality Task Force................................... 1993
Legislative Provisions Not Adopted........................... 1995
Explosive ordnance disposal matters...................... 1995
Eligibility of Chief of the National Guard Bureau for
appointment as Chairman of the Joint Chiefs of Staff... 1995
Explosive ordnance disposal defense program.............. 1995
Modification of report regarding the designation of the
Explosive Ordnance Disposal Corps as a basic branch of
the Army............................................... 1995
Clarification of roles and responsibilities for force
modernization efforts of the Army...................... 1995
Sense of Congress on the Electromagnetic Spectrum
Superiority Strategy................................... 1996
Establishment of Space National Guard.................... 1997
Vice Chief of Space Operations........................... 1997
No effect on military installations...................... 1997
Establishment of field operating agencies and direct
reporting units of Space Force......................... 1997
Implementation of Space National Guard................... 1998
Conforming amendments and clarification of authorities... 1998
Study of proposed Space Force reorganization............. 1998
Subtitle B--Other Department of Defense Organization and
Management Matters......................................... 1993
Sec. 911--Updates to management reform framework......... 1993
Sec. 912--Briefing on changes to Unified Command Plan.... 1993
Sec. 913--Clarification of peacetime functions of the
Navy................................................... 1993
Sec. 914--Responsibilities and functions relating to
electromagnetic spectrum operations.................... 1993
Sec. 915--Joint all domain command and control........... 1994
Sec. 916--Strategic management dashboard demonstration... 1994
Sec. 917--Demonstration program for component content
management systems..................................... 1994
Sec. 918--Report on potential transition of all members
of the Space Force into a single component............. 1994
TITLE X--GENERAL PROVISIONS...................................... 1999
Subtitle A--Financial Matters................................ 1999
Sec. 1001--General transfer authority.................... 1999
Sec. 1002--Sense of Congress relating to the corrective
action plans review process............................ 1999
Sec. 1003--Annual reports on budgetary effects of
inflation.............................................. 1999
Subtitle B--Counterdrug Activities........................... 1999
Sec. 1011--Extension of authority to support a unified
counterdrug and counterterrorism campaign in Colombia.. 1999
Subtitle C--Naval Vessels and Shipyards...................... 2000
Sec. 1021--Modification to annual naval vessel
construction plan...................................... 2000
Sec. 1022--Navy consultation with Marine Corps on major
decisions directly concerning Marine Corps amphibious
force structure and capability......................... 2000
Sec. 1023--Amphibious warship force structure............ 2000
Sec. 1024--Modification to limitation on decommissioning
or inactivating battle force ships before end of
expected service life.................................. 2000
Sec. 1025--Amphibious warfare ship assessment and
requirements........................................... 2001
Sec. 1026--Battle force ship employment, maintenance, and
manning baseline plans................................. 2001
Sec. 1027--Withholding of certain information about
sunken military crafts................................. 2001
Sec. 1028--Business case analyses on disposition of
certain Government-owned dry-docks..................... 2001
Sec. 1029--Prohibition on retirement of certain naval
vessels................................................ 2002
Subtitle D--Counterterrorism................................. 2002
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.......................................... 2002
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.......................... 2002
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........................ 2003
Sec. 1034--Extension of prohibition on use of funds to
close or relinquish control of United States Naval
Station, Guantanamo Bay, Cuba.......................... 2003
Subtitle E--Miscellaneous Authorities and Limitations........ 2003
Sec. 1041--Submission of national defense strategy in
classified and unclassified form....................... 2003
Sec. 1042--Department of Defense support for funerals and
memorial events for Members and former Members of
Congress............................................... 2004
Sec. 1043--Modification of authority for humanitarian
demining assistance and stockpiled conventional
munitions assistance................................... 2004
Sec. 1044--Modification of provisions relating to
anomalous health incidents............................. 2004
Sec. 1045--Security clearances for recently separated
members of the Armed Forces and civilian employees of
the Department of Defense.............................. 2004
Sec. 1046--Integrated and authenticated access to
Department of Defense systems for certain congressional
staff for oversight purposes........................... 2005
Sec. 1047--Introduction of entities in transactions
critical to national security.......................... 2005
Sec. 1048--Joint training pipeline between United States
Navy and Royal Australian Navy......................... 2005
Sec. 1049--Standardization of sectional barge
construction for Department of Defense use on rivers
and intercoastal waterways............................. 2005
Sec. 1050--Department of Defense support for recently
enacted commissions.................................... 2006
Subtitle F--Studies and Reports.............................. 2006
Sec. 1051--Modification of annual report on unfunded
priorities............................................. 2006
Sec. 1052--Congressional notification of military
information support operations in the information
environment............................................ 2006
Sec. 1053--Modification and continuation of reporting
requirement relating to humanitarian assistance........ 2007
Sec. 1054--Briefing on Global Force Management Allocation
Plan................................................... 2007
Sec. 1055--Report and budget details regarding Operation
Spartan Shield......................................... 2008
Sec. 1056--Annual report on civilian casualties in
connection with United States military operations...... 2008
Sec. 1057--Extension of certain reporting deadlines...... 2008
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................................................ 2009
Sec. 1059--Continuation of requirement for annual report
on National Guard and reserve component equipment...... 2009
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..................... 2009
Sec. 1061--Combatant command risk assessment for airborne
intelligence, surveillance, and reconnaissance......... 2010
Sec. 1062--Study on military training routes and special
use air space near wind turbines....................... 2010
Sec. 1063--Annual reports on safety upgrades to the high
mobility multipurpose wheeled vehicle fleets........... 2010
Sec. 1064--Department of Defense delays in providing
comments on Government Accountability Office reports... 2010
Sec. 1065--Justification for transfer or elimination of
certain flying missions................................ 2010
Sec. 1066--Reports on United States military force
presence in Europe..................................... 2011
Sec. 1067--Report on Department of Defense practices
regarding distinction between combatants and civilians
in United States military operations................... 2011
Sec. 1068--Report on strategy and improvement of
community engagement efforts of Armed Forces in Hawaii. 2011
Sec. 1069--Report on Department of Defense military
capabilities in the Caribbean.......................... 2011
Sec. 1070--Quarterly briefings on Department of Defense
support for civil authorities to address immigration at
the southwest border................................... 2012
Sec. 1071--Annual report on procurement of equipment by
State and local governments through the Department of
Defense................................................ 2012
Sec. 1072--Briefing on financial oversight of certain
educational institutions receiving Department of
Defense funds.......................................... 2013
Sec. 1073--Report on effects of certain ethics
requirements on Department of Defense hiring,
retention, and operations.............................. 2013
Sec. 1074--Joint Concept for Competing................... 2013
Sec. 1075--Analysis of feasibility and advisability of
relocating major units of the United States Armed
Forces to certain European countries................... 2013
Sec. 1076--Reports on effects of strategic competitor
naval facilities in Africa............................. 2014
Subtitle G--Other Matters.................................... 2014
Sec. 1081--Technical and conforming amendments........... 2014
Sec. 1082--Department of Defense Civilian Protection
Center of Excellence................................... 2014
Sec. 1083--Ronald V. Dellums Memorial Fellowship in STEM. 2014
Sec. 1084--Amendment to memorial for members of the Armed
Forces killed in attack on Hamid Karzai International
Airport................................................ 2014
Sec. 1085--Public availability of cost of certain
military operations.................................... 2015
Sec. 1086--Combating military reliance on Russian energy. 2015
Sec. 1087--Establishment of joint force headquarters in
area of operations of United States Indo-Pacific
Command................................................ 2015
Sec. 1088--National tabletop exercise.................... 2015
Sec. 1089--Personnel supporting the Office of the
Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict............................. 2015
Sec. 1090--Sense of Congress on redesignation of the
Africa Center for Strategic Studies as the James M.
Inhofe Center for Africa Strategic Studies............. 2016
Sec. 1092--National Commission on the Future of the Navy. 2016
Sec. 1091--Integration of electronic warfare into Tier 1
and Tier 2 joint training exercises.................... 2016
Sec. 1093--Dynamic airspace pilot program................ 2016
Legislative Provisions Not Adopted........................... 2016
Public availability of military commission proceedings... 2016
Comptroller General report on use of transition programs
by members of special operations forces................ 2017
Sense of Congress relating to enlisted personnel
subsistence............................................ 2017
Sense of Congress relating to the Fraud Reduction Task
Force.................................................. 2017
Contract requirements relating to maintenance and
modernization availabilities for certain naval vessels. 2017
Deadline for 75 percent manning fill for ships undergoing
nuclear refueling or defueling......................... 2018
Prohibition on deactivation of Navy Combat Documentation
Detachment 206......................................... 2018
Briefing on fielding of SPEIR on all surface combatant
vessels................................................ 2019
Report on effects of multiple award contract-multi order
contracting............................................ 2019
Congressional notification regarding pending retirement
of naval vessels viable for artificial reefing......... 2019
Award of contracts for ship repair work to non-homeport
shipyards to meet surge capacity....................... 2020
Report on threat posed by domestic terrorists............ 2020
Consideration of human rights records of recipients of
support of special operations to combat terrorism...... 2020
Modifications to support of special operations for
irregular warfare...................................... 2021
Department of Defense-Department of Veterans Affairs
Discharge Review Board Committee....................... 2021
Prohibition on delegation of authority to designate
foreign partner forces as eligible for the provision of
collective self-defense support by United States Armed
Forces................................................. 2021
Repository of local nationals working for or on behalf of
Federal Government in theater of combat operations..... 2022
Transfers and pay of nonappropriated fund employees...... 2023
Consultation of congressional defense committees in
preparation of national defense strategy............... 2023
Prohibition on use of funds for aerial fumigation in
Colombia............................................... 2024
Assessment of suicide risk at military installations..... 2024
Reports on hostilities involving United States Armed
Forces................................................. 2024
Equipment of Army reserve components: annual report to
Congress............................................... 2024
Prioritization and acceleration of investments to attain
threat matrix framework level 4 capability at training
ranges supporting F-35 operations...................... 2025
Public availability of reports........................... 2025
Modification of Arctic Security Initiative............... 2025
Review of security assistance provided to Elie Wiesel
countries.............................................. 2025
Public availability of information about cost of United
States overseas military footprint..................... 2026
Study and report on potential inclusion of black box data
recorders in tactical vehicles......................... 2026
Department of Defense engagement with Native Hawaiian
organizations.......................................... 2026
FFRDC study on shipyard infrastructure optimization
program efforts to optimize, recapitalize and
reconfigure facilities and industrial plant equipment.. 2027
Study on efforts of the Department of Defense to reduce
the use of single-use plastics......................... 2027
Report on Littoral Explosive Ordnance Neutralization
program of record...................................... 2027
Assessment, plan, and reports on the automated surface
observing system....................................... 2028
Report on protection of members of the Armed Forces from
Russian-sponsored armed attacks........................ 2028
Report on desalinization technology...................... 2029
Annual report on unfunded priorities of Defense POW/MIA
Accounting Agency...................................... 2029
Review of Navy study on Requirements for and Potential
Benefits of Realistically Simulating Real World and
Near Peer Adversary Submarines......................... 2029
Report on unmanned traffic management systems at military
bases and installations................................ 2030
Report on non-domestic fuel use.......................... 2030
Report on human trafficking as a result of Russian
invasion of Ukraine.................................... 2030
Commission on Civilian Harm.............................. 2030
Sense of Congress regarding naming a warship the USS
Fallujah............................................... 2031
Sense of Congress regarding naming warships after
deceased Navy Medal of Honor recipients................ 2031
Sense of Congress regarding the service and crew of the
USS Oklahoma City...................................... 2031
Inclusion of Air Force student pilots in personnel
metrics for establishing and sustaining dining
facilities at Air Education and Training Commands...... 2031
Sense of Congress regarding conduct of international
naval review on July 4, 2026........................... 2031
Transfer of aircraft to other departments for wildfire
suppression and other purposes......................... 2031
National Museum of Intelligence and Special Operations... 2031
Report on purchase and use by Department of Defense of
location data generated by Americans' phones and their
internet metadata...................................... 2032
Greenhouse gas mitigation actions and results dashboard.. 2032
Briefing on Guam and Northern Mariana Islands military
construction costs..................................... 2032
Resources to implement Department of Defense policy on
civilian harm in connection with United States military
operations............................................. 2033
Availability of modular small arms range for Army Reserve
in Puerto Rico......................................... 2033
Independent epidemiological analysis of health effects
from exposure to Department of Defense activities in
Vieques................................................ 2033
Participation in Federal Transportation Incentive Program 2034
Report on initiatives of Department of Defense to source
locally and regionally produced foods for installations
of the Department...................................... 2034
Limitations on sale and use of portable heating devices
on military installations.............................. 2035
Training and information for first responders regarding
aid for victims of trauma-related injuries............. 2035
Modification of prohibition on ownership or trading of
stocks in certain companies by certain officials of the
Department of Defense.................................. 2035
DOD Native American boarding schools..................... 2035
District Of Columbia National Guard home rule............ 2035
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 2036
Sec. 1101--Restricted reporting option for Department of
Defense civilian employees choosing to report
experiencing adult sexual assault...................... 2036
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....................................... 2036
Sec. 1103--One-year extension of temporary authority to
grant allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone............ 2036
Sec. 1104--Standardized credentials for law enforcement
officers of the Department of Defense.................. 2036
Sec. 1105--Temporary extension of authority to provide
security for former Department of Defense officials.... 2037
Sec. 1106--Enhanced pay authority for certain research
and technology positions in science and technology
reinvention laboratories............................... 2037
Sec. 1107--Flexible workplace programs................... 2037
Sec. 1108--Eligibility of Department of Defense employees
in time-limited appointments to compete for permanent
appointments........................................... 2037
Sec. 1109--Modification to personnel management authority
to attract experts in science and engineering.......... 2038
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................................... 2038
Sec. 1111--Modification of temporary expansion of
authority for noncompetitive appointments of military
spouses by Federal agencies............................ 2038
Sec. 1112--Modification to pilot program for the
temporary assignment of cyber and information
technology personnel to private sector organizations... 2038
Legislative Provisions Not Adopted........................... 2038
Employment authority for civilian faculty at certain
military department schools............................ 2038
Modification of effective date of repeal of two-year
probationary period for employees...................... 2039
Employment and compensation of civilian faculty members
at Inter-American Defense College...................... 2039
GAO Report on Federal Employee Paid Leave Act............ 2039
Inflation bonus pay for certain Department of Defense
civilian employees..................................... 2040
GAO study on Federal Wage System parity with local
prevailing wage rate................................... 2040
Temporary authority to appoint retired members of the
Armed Forces to Military Health System positions....... 2041
Purchase of retired handguns by Federal law enforcement
officers............................................... 2041
National Digital Reserve Corps........................... 2041
Civilian Cybersecurity Reserve pilot project at the
Cybersecurity and Infrastructure Security Agency....... 2041
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 2042
Budget Items................................................. 2042
International Security Cooperation Programs.............. 2042
Subtitle A--Assistance and Training.......................... 2042
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...................................... 2042
Sec. 1202--Modifications to Reports on Security
Cooperation............................................ 2042
Sec. 1203--Modification of authority for participation in
multinational centers of excellence.................... 2043
Sec. 1204--Modification of existing authorities to
provide for an Irregular Warfare Center and a Regional
Defense Fellowship Program............................. 2043
Sec. 1205--Modification to authority to provide support
for conduct of operations.............................. 2044
Sec. 1206--Extension and modification of authority for
reimbursement of certain coalition nations for support
provided to United States military operations.......... 2044
Sec. 1207--Modification and extension of authority to
support border security operations of certain foreign
countries.............................................. 2044
Sec. 1208--Security cooperation programs with foreign
partners to advance women, peace, and security......... 2044
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................................................. 2044
Sec. 1210--Independent assessment of United States
efforts to train, advise, assist, and equip the
military forces of Somalia............................. 2045
Sec. 1211--Security cooperation activities at Counter-UAS
University............................................. 2045
Sec. 1212--Defense Operational Resilience International
Cooperation Pilot Program.............................. 2045
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 2045
Sec. 1221--Extension of authority for certain payments to
redress injury and loss................................ 2045
Sec. 1222--Additional matters for inclusion in reports on
oversight in Afghanistan............................... 2046
Sec. 1223--Prohibition on transporting currency to the
Taliban and the Islamic Emirate of Afghanistan......... 2046
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 2046
Sec. 1231--Modification of annual report on the military
capabilities of Iran and related activities............ 2046
Sec. 1232--Extension of authority to support operations
and activities of the Office of Security Cooperation in
Iraq................................................... 2046
Sec. 1233--Extension of authority to provide assistance
to vetted Syrian groups and individuals................ 2047
Sec. 1234--Extension and modification of authority to
provide assistance to counter the Islamic State of Iraq
and Syria.............................................. 2047
Sec. 1235--Prohibition on transfers to Iran.............. 2048
Sec. 1236--Report on Islamic Revolutionary Guard Corps-
affiliated operatives abroad........................... 2048
Sec. 1237--Assessment of support to Iraqi Security Forces
and Kurdish Peshmerga Forces to counter air and missile
threats................................................ 2048
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.................................................. 2049
Sec. 1239--Prohibition on transfers to Badr Organization. 2049
Sec. 1240--Report on the United Nations arms embargo on
Iran................................................... 2049
Subtitle D--Matters Relating to Russia....................... 2049
Sec. 1241--Modification and extension of Ukraine Security
Assistance Initiative.................................. 2049
Sec. 1242--Extension of limitation on military
cooperation between the United States and Russia....... 2050
Sec. 1243--Modification to annual report on military and
security developments involving the Russian Federation. 2050
Sec. 1244--Temporary authorizations related to Ukraine
and other matters...................................... 2051
Sec. 1245--Prohibition on availability of funds relating
to sovereignty of the Russian Federation over
internationally recognized territory of Ukraine........ 2051
Sec. 1246--Report on Department of Defense plan for the
provision of short and medium-term security assistance
to Ukraine............................................. 2052
Sec. 1247--Oversight of United States assistance to
Ukraine................................................ 2052
Subtitle E--Matters Relating to the Indo-Pacific Region...... 2053
Sec. 1251--Modification to annual report on military and
security developments involving the People's Republic
of China............................................... 2053
Sec. 1252--Modification of Indo-Pacific Maritime Security
Initiative to authorize use of funds for the Coast
Guard.................................................. 2053
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...................................... 2053
Sec. 1254--Extension and modification of Pacific
Deterrence Initiative.................................. 2054
Sec. 1255--Extension of authority to transfer funds for
Bien Hoa dioxin cleanup................................ 2059
Sec. 1256--Enhanced indications and warning for
deterrence and dissuasion.............................. 2059
Sec. 1257--Prohibition on use of funds to support
entertainment projects with ties to the Government of
the People's Republic of China......................... 2060
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........ 2060
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.................................................. 2060
Sec. 1260--Enhancing major defense partnership with India 2060
Sec. 1261--Pilot program to develop young civilian
defense leaders in the Indo-Pacific region............. 2061
Sec. 1262--Report on bilateral agreements supporting
United States military posture in the Indo-Pacific
region................................................. 2061
Sec. 1263--Statement of policy on Taiwan................. 2061
Sec. 1264--Sense of Congress on joint exercises with
Taiwan................................................. 2061
Sec. 1265--Sense of Congress on defense alliances and
partnerships in the Indo-Pacific region................ 2062
Subtitle F--Other Matters.................................... 2062
Sec. 1271--North Atlantic Treaty Organization Special
Operations Headquarters................................ 2062
Sec. 1272--Sense of Congress on NATO and United States
defense posture in Europe.............................. 2062
Sec. 1273--Report on Fifth Fleet capabilities upgrades... 2062
Sec. 1274--Report on use of social media by foreign
terrorist organizations................................ 2063
Sec. 1275--Report and feasibility study on collaboration
to meet shared national security interests in East
Africa................................................. 2063
Sec. 1276--Assessment of challenges to implementation of
the partnership among Australia, the United Kingdom,
and the United States.................................. 2063
Sec. 1277--Modification and extension of United States-
Israel cooperation to counter unmanned aerial systems.. 2064
Sec. 1278--Sense of Congress and briefing on
multinational force and observers...................... 2064
Sec. 1279--Briefing on Department of Defense program to
protect United States students against foreign agents.. 2064
Legislative Provisions Not Adopted........................... 2064
Modification to authority to build capacity of foreign
security forces........................................ 2064
Public report on military capabilities of China, Iran,
North Korea, and Russia................................ 2065
Strategy for security cooperation........................ 2065
General Thaddeus Kosciuszko Exchange Program............. 2065
Assessment, monitoring, and evaluation of programs and
activities............................................. 2066
Report on Chief of Mission concurrence................... 2066
Extension and modification of the Afghan Special
Immigrant Visa Program................................. 2067
Assessment and report on adequacy of authorities to
provide assistance to military and security forces in
area of responsibility of United States Africa Command. 2067
Report on assisting Iranian dissidents and people access
telecommunications tools............................... 2068
State Department authorization for pavilion at Expo 2025
Osaka.................................................. 2068
Repeal of Authorization for Use of Military Force Against
Iraq Resolution of 2002................................ 2068
Report on efforts by the Russian Federation to expand its
presence and influence in Latin America and the
Caribbean.............................................. 2069
Statement of policy...................................... 2069
Prohibition on Russian participation in the G7........... 2069
Report on risk of nuclear war in Ukraine................. 2069
Cross-functional team for matters relating to the
People's Republic of China............................. 2069
Matters relating to climate change at NATO............... 2070
Report on efforts of NATO to counter misinformation and
disinformation......................................... 2070
Improvements to the NATO Strategic Communications Center
of Excellence.......................................... 2070
Restriction of entities from using Federal funds from
engaging, entering into, and awarding public works
contracts.............................................. 2071
Modification to United States membership in
interparliamentary group............................... 2071
Limitation on transfer of F-16 aircraft.................. 2071
Prohibition on participation in offensive military
operations against the Houthis in Yemen................ 2071
Modification of Secretary of Defense Strategic
Competition Initiative................................. 2071
Seize the Initiative..................................... 2072
Modifications to public reporting of Chinese military
companies operating in the United States............... 2072
Report on providing access to uncensored media in China.. 2072
Modification to initiative to support protection of
national security academic researchers from undue
influence and other security threats................... 2072
Annual report on role of antisemitism in violent
extremist movements.................................... 2073
Use of United States-origin defense articles in Yemen.... 2073
Comprehensive strategy to counter gray zone operations
and other hybrid warfare methods....................... 2073
Study on Department of Defense support for stabilization
activities in national security interest of the United
States................................................. 2073
Sense of Congress on Azerbaijan's illegal detention of
Armenian prisoners of war.............................. 2074
Defense and diplomatic strategy for Libya................ 2075
Repeal of restriction on funding for the Preparatory
Commission for the Comprehensive Nuclear-Test-Ban
Treaty Organization.................................... 2075
Sense of Congress regarding the boycott of certain
companies that continue to operate in Russia and
provide financial benefits to the Putin regime......... 2075
Report on arms trafficking in Haiti...................... 2075
Establishment of the Office of City and State Diplomacy.. 2075
Transfer of excess Oliver Hazard Perry class guided
missile frigates to Egypt.............................. 2076
Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin........................................ 2076
GAO study on Department of Defense support for other
departments and agencies of the United States
Government that advance Department of Defense security
cooperation objectives................................. 2076
Repeal of joint resolution to promote peace and stability
in the Middle East..................................... 2077
Sense of Congress regarding the inclusion of sunset
provisions in authorizations for use of military force. 2077
Unpaid Peruvian agrarian reform bonds.................... 2077
Briefing on supporting Government of Ukraine to mitigate,
treat, and rehabilitate traumatic extremity injuries
and traumatic brain injuries of Ukrainian soldiers..... 2077
Special Envoy to the Pacific Islands Forum............... 2078
TITLE XIV--OTHER AUTHORIZATIONS.................................. 2078
Subtitle A--Military Programs................................ 2078
Sec. 1401--Working capital funds......................... 2078
Sec. 1402--Chemical agents and munitions destruction,
defense................................................ 2079
Sec. 1403--Drug interdiction and counter-drug activities,
defense-wide........................................... 2079
Sec. 1404--Defense Inspector General..................... 2079
Sec. 1405--Defense health program........................ 2079
Subtitle B--National Defense Stockpile....................... 2079
Sec. 1411--Reform of the Strategic and Critical Materials
Stock Piling Act....................................... 2079
Sec. 1412--Modification of acquisition authority under
Strategic and Critical Materials Stock Piling Act...... 2079
Sec. 1413--Briefings on shortfalls in National Defense
Stockpile.............................................. 2080
Sec. 1414--Authority to acquire materials for the
National Defense Stockpile............................. 2080
Sec. 1415--Department of Defense readiness to support
prolonged conflict..................................... 2080
Subtitle C--Other Matters.................................... 2080
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................. 2080
Sec. 1422--Authorization of appropriations for Armed
Forces Retirement Home................................. 2080
Legislative Provisions Not Adopted........................... 2081
Report on feasibility of increasing quantities of rare
earth permanent magnets in National Defense Stockpile.. 2081
Study on stockpiling energy storage components........... 2081
Report on modifications to the national technology and
industrial base........................................ 2081
Report on impact of global critical mineral and metal
reserves on United States military equipment supply
chains................................................. 2081
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS............... 2082
Subtitle A--Cyber Matters.................................... 2082
Sec. 1501--Improvements to Principal Cyber Advisors...... 2082
Sec. 1502--Annual reports on support by military
departments for United States Cyber Command............ 2082
Sec. 1503--Modification of office of primary
responsibility for strategic cybersecurity program..... 2082
Sec. 1504--Tailored cyberspace operations organizations.. 2083
Sec. 1505--Establishment of support center for consortium
of universities that advise Secretary of Defense on
cybersecurity matters.................................. 2083
Sec. 1506--Alignment of Department of Defense cyber
international strategy with National Defense Strategy
and Department of Defense Cyber Strategy............... 2083
Sec. 1507--Enhancement of cyberspace training and
security cooperation................................... 2084
Sec. 1508--Military Cybersecurity Cooperation with
Hashemite Kingdom of Jordan............................ 2084
Sec. 1509--Management and oversight of Joint Cyber
Warfighting Architecture............................... 2084
Sec. 1510--Integrated non-kinetic force development...... 2084
Sec. 1511--Protection of critical infrastructure......... 2084
Sec. 1512--Budget display for cryptographic modernization
activities for certain systems of the Department of
Defense................................................ 2085
Sec. 1513--Establishing projects for data management,
artificial intelligence, and digital solutions......... 2085
Sec. 1514--Operational testing for commercial
cybersecurity capabilities............................. 2085
Subtitle B--Information Operations........................... 2085
Sec. 1521--Requirement to notify Chief of Mission of
military operation in the information environment...... 2085
Sec. 1522--Assessment and optimization of Department of
Defense information and influence operations conducted
through cyberspace..................................... 2086
Sec. 1523--Joint information operations course........... 2086
Sec. 1524--Limitation on availability of certain funds
until submission of joint lexicon for terms related to
information operations................................. 2086
Sec. 1525--Limitation on availability of funds pending
submittal of information operations strategy and
posture review......................................... 2086
Sec. 1526--Limitation on availability of certain funds
until submission of assessments relating to
cybersecurity of the defense industrial base........... 2087
Subtitle C--Personnel........................................ 2087
Sec. 1531--Cyber operations-peculiar awards.............. 2087
Sec. 1532--Establishment of Cyber Operations Designator
and rating for the Navy................................ 2087
Sec. 1533--Total force generation for the Cyberspace
Operations Forces...................................... 2087
Sec. 1534--Correcting cyber mission force readiness
shortfalls............................................. 2088
Sec. 1535--Department of Defense Cyber and Digital
Service Academy........................................ 2088
Sec. 1536--Report on recommendations from Navy Civilian
Career Path study...................................... 2088
Sec. 1537--Study to determine the optimal strategy for
structuring and manning elements of Joint Force
Headquarters-Cyber Organizations, Joint Mission
Operations Centers, and Cyber Operations-Integrated
Planning Elements...................................... 2089
Sec. 1538--Manning review of Space Force cyber squadrons. 2089
Sec. 1539--Independent review of posture and staffing
levels of Office of the Chief Information Officer...... 2089
Sec. 1540--Independent assessment of Civilian
Cybersecurity Reserve for Department of Defense........ 2089
Sec. 1541--Comprehensive review of Cyber Excepted Service 2090
Subtitle D--Reports and Other Matters........................ 2090
Sec. 1551--Pilot program for sharing cyber capabilities
and related information with foreign operational
partners............................................... 2090
Sec. 1552--Demonstration program for cyber and
information technology budget data analytics........... 2090
Sec. 1553--Plan for commercial cloud test and evaluation. 2091
Sec. 1554--Roadmap and implementation plan for cyber
adoption of artificial intelligence.................... 2091
Sec. 1555--Review of Department of Defense implementation
of recommendations from Defense Science Board cyber
report................................................. 2091
Sec. 1556--Annual briefing on relationship between
National Security Agency and United States Cyber
Command................................................ 2091
Sec. 1557--Review of definitions associated with
Cyberspace Operations Forces........................... 2092
Sec. 1558--Annual assessments and reports on assignment
of certain budget control responsibility to Commander
of United States Cyber Command......................... 2092
Sec. 1559--Assessments of weapons systems vulnerabilities
to radio-frequency enabled cyber attacks............... 2092
Sec. 1560--Briefing on Department of Defense plan to
deter and counter adversaries in the information
environment............................................ 2092
Legislative Provisions Not Adopted........................... 2093
Cyber threat information collaboration environment
program................................................ 2093
Department of Defense enterprise-wide procurement of
cyber data products and services....................... 2094
Military operations in information environment: authority
and notifications...................................... 2094
Consistency in delegation of certain authorities relating
to information operations.............................. 2094
Standardization of authority to operate applications in
the Department of Defense.............................. 2094
Establishment of hacking for national security and public
service innovation program............................. 2095
Review of certain cyber operations personnel policies.... 2095
Commander of the United States Cyber Command............. 2096
Report on progress in implementing pilot program to
enhance cybersecurity and resiliency of critical
infrastructure......................................... 2096
Requirement for software bill of materials............... 2096
Additional amount for Cyber Partnership Activities....... 2096
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS........................................................ 2096
Subtitle A--Space Activities................................. 2096
Sec. 1601--Requirements for protection of satellites..... 2096
Sec. 1602--Strategy on protection of satellites.......... 2097
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.............................. 2097
Sec. 1604--Tactically responsive space capability........ 2097
Sec. 1605--Extension of annual report on Space Command
and Control............................................ 2098
Sec. 1606--Allied responsive space capabilities.......... 2098
Sec. 1607--Applied research and educational activities to
support space technology development................... 2098
Sec. 1608--Review of Space Development Agency exemption
from Joint Capabilities Integration and Development
System................................................. 2098
Sec. 1609--Update to plan to manage Integrated Tactical
Warning and Attack Assessment System and multi-domain
sensors................................................ 2098
Sec. 1610--Report on space debris........................ 2099
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 2099
Sec. 1621--Congressional oversight of clandestine
activities that support operational preparation of the
environment............................................ 2099
Subtitle C--Nuclear Forces................................... 2099
Sec. 1631--Biannual briefing on nuclear weapons and
related activities..................................... 2099
Sec. 1632--Industrial base monitoring for B-21 and
Sentinel programs...................................... 2099
Sec. 1633--Improvements to Nuclear Weapons Council....... 2100
Sec. 1634--Portfolio management framework for nuclear
forces................................................. 2100
Sec. 1635--Extension of requirement to report on nuclear
weapons stockpile...................................... 2101
Sec. 1636--Modification and extension of annual
assessment of cyber resilience of nuclear command and
control system......................................... 2101
Sec. 1637--Modification of reports on Nuclear Posture
Review implementation.................................. 2101
Sec. 1638--Establishment of intercontinental ballistic
missile site activation task force for Sentinel program 2101
Sec. 1639--Prohibition on reduction of the
intercontinental ballistic missiles of the United
States................................................. 2102
Sec. 1640--Plan for development of reentry vehicles...... 2102
Sec. 1641--Treatment of nuclear modernization and
hypersonic missile programs within Defense Priorities
and Allocations System................................. 2102
Sec. 1642--Matters related to nuclear-capable sea-
launched cruise missile................................ 2103
Subtitle D--Missile Defense Programs......................... 2103
Sec. 1651--Biannual briefing on missile defense and
related activities..................................... 2103
Sec. 1652--Improvements to acquisition accountability
reports on the ballistic missile defense system........ 2104
Sec. 1653--Making permanent prohibitions relating to
missile defense information and systems................ 2104
Sec. 1654--Next generation interceptors for missile
defense of United States homeland...................... 2104
Sec. 1655--Termination of requirement to transition
ballistic missile defense programs to the military
departments............................................ 2104
Sec. 1656--Persistent cybersecurity operations for
ballistic missile defense systems and networks......... 2105
Sec. 1657--Fire control architectures.................... 2105
Sec. 1658--Middle East integrated air and missile defense 2105
Sec. 1659--Iron Dome short-range rocket defense system
and Israeli cooperative missile defense program co-
development and co-production.......................... 2106
Sec. 1660--Integrated air and missile defense
architecture for defense of Guam....................... 2106
Sec. 1661--Limitation on availability of certain funds
until submission of report on implementation of the
cruise missile defense architecture for the homeland... 2106
Sec. 1662--Strategy to use asymmetric capabilities to
defeat hypersonic missile threats...................... 2107
Sec. 1663--Plan on delivering Shared Early Warning System
data to certain allies and partners of the United
States................................................. 2107
Sec. 1664--Reports on ground-based interceptors.......... 2107
Sec. 1665--Report on missile defense interceptor site in
contiguous United States............................... 2108
Subtitle E--Other Matters.................................... 2108
Sec. 1671--Cooperative threat reduction funds............ 2108
Sec. 1672--Department of Defense support for requirements
of the White House Military Office..................... 2108
Sec. 1673--Unidentified anomalous phenomena reporting
procedures............................................. 2109
Sec. 1674--Study of weapons programs that allow Armed
Forces to address hard and deeply buried targets....... 2109
Legislative Provisions Not Adopted........................... 2109
Additional authorities of Chief of Space Operations...... 2109
Extension of authorization for protection of certain
facilities and assets from unmanned aircraft........... 2109
Comprehensive strategy for the Space Force............... 2109
National Security Space Launch program................... 2110
Sense of the Senate and briefing on nuclear cooperation
between the United States and the United Kingdom....... 2112
Limitation on use of funds until submission of reports on
intercontinental ballistic missile force............... 2114
Funding for research and development of advanced naval
nuclear fuel system based on low-enriched uranium...... 2114
Technical amendment to additional report matters on
strategic delivery systems............................. 2115
Sense of Congress on Range of the Future and support to
commercial space launch activity....................... 2115
Report on hyperspectral satellite technology............. 2116
Report on innovative technologies........................ 2116
Information on cover provided by Department of Defense... 2117
Limitation on availability of funds until submission of
report on layered defense for the homeland............. 2117
Report on gun launched interceptor technologies.......... 2117
Report on radiation hardened, thermally insensitive
telescopes for SM-3 interceptor........................ 2118
Sense of the Senate on personnel for the Space
Development Agency..................................... 2118
Assessment of readiness and survivability of strategic
forces of the United States............................ 2119
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT....... 2119
Sec. 1701--Annual report on industrial base constraints
for munitions.......................................... 2119
Sec. 1702--Modification to Special Defense Acquisition
Fund................................................... 2119
Sec. 1703--Quarterly briefings on replenishment and
revitalization of weapons provided to Ukraine.......... 2119
Sec. 1704--Assessment of requirements and acquisition
objectives for Patriot air and missile defense
battalions............................................. 2120
Sec. 1705--Independent assessment of Department of
Defense capability and capacity needs for munitions
production and stockpiling............................. 2120
Legislative Provisions Not Adopted........................... 2120
Development of technologies with respect to critical,
preferred, and precision-guided conventional munitions. 2120
Out-Year Unconstrained Total Munitions Requirement, Out-
Year inventory numbers, and critical munitions reserve. 2121
Identification of subcontractors for critical munitions
contracts.............................................. 2121
Study on stockpiles and production of critical guided
munitions.............................................. 2121
Ukraine Critical Munitions Acquisition Fund.............. 2121
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 2123
Sec. 2001--Short title................................... 2123
Sec. 2002--Expiration of authorizations and amounts
required to be specified by law........................ 2123
Sec. 2003--Effective date and automatic execution of
conforming changes to tables of sections, tables of
contents, and similar tabular entries.................. 2123
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 2123
Sec. 2101--Authorized Army construction and land
acquisition projects................................... 2123
Sec. 2102--Family housing................................ 2124
Sec. 2103--Authorization of appropriations, Army......... 2124
Sec. 2104--Demolition of District of Columbia Fort McNair
Quarters 4, 13, and 15................................. 2124
Sec. 2105--Modification of authority to carry out certain
fiscal year 2019 project at Camp Tango, Korea.......... 2124
Sec. 2106--Extension and modification of authority to
carry out certain fiscal year 2018 projects............ 2124
Legislative Provisions Not Adopted........................... 2125
Directing the Secretary of Defense to continue military
housing reforms........................................ 2125
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 2125
Sec. 2201--Authorized Navy construction and land
acquisition projects................................... 2125
Sec. 2202--Family housing................................ 2125
Sec. 2203--Authorization of appropriations, Navy......... 2125
Sec. 2204--Extension of authority to carry out certain
fiscal year 2018 project............................... 2125
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................................................. 2126
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 2126
Sec. 2301--Authorized Air Force construction and land
acquisition projects................................... 2126
Sec. 2302--Family housing................................ 2126
Sec. 2303--Authorization of appropriations, Air Force.... 2126
Sec. 2304--Extension of authority to carry out certain
fiscal year 2018 projects.............................. 2127
Sec. 2305--Modification of authority to carry out certain
fiscal year 2021 project............................... 2127
Sec. 2306--Modification of authority to carry out certain
military construction projects at Tyndall Air Force
Base, Florida.......................................... 2127
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 2127
Sec. 2401--Authorized Defense Agencies construction and
land acquisition projects.............................. 2127
Sec. 2402--Authorized Energy Resilience and Conservation
Investment Program projects............................ 2127
Sec. 2403--Authorization of appropriations, Defense
Agencies............................................... 2128
Sec. 2404--Extension of authority to carry out certain
fiscal year 2018 projects.............................. 2128
TITLE XXV--INTERNATIONAL PROGRAMS................................ 2128
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 2128
Sec. 2501--Authorized NATO construction and land
acquisition projects................................... 2128
Sec. 2502--Authorization of appropriations, NATO......... 2128
Subtitle B--Host Country In-Kind Contributions............... 2129
Sec. 2511--Republic of Korea funded construction projects 2129
Sec. 2512--Repeal of authorized approach to certain
construction project................................... 2129
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 2129
Sec. 2601--Authorized Army National Guard construction
and land acquisition projects.......................... 2129
Sec. 2602--Authorized Army Reserve construction and land
acquisition projects................................... 2129
Sec. 2603--Authorized Navy Reserve and Marine Corps
Reserve construction and land acquisition projects..... 2130
Sec. 2604--Authorized Air National Guard construction and
land acquisition projects.............................. 2130
Sec. 2605--Authorized Air Force Reserve construction and
land acquisition projects.............................. 2130
Sec. 2606--Authorization of appropriations, National
Guard and Reserve...................................... 2130
Sec. 2607--Corrections to authority to carry out certain
fiscal year 2022 projects.............................. 2131
Sec. 2608--Extension of authority to carry out certain
fiscal year 2018 projects.............................. 2131
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 2131
Sec. 2701--Authorization of appropriations for base
realignment and closure activities funded through
Department of Defense Base Closure Account............. 2131
Sec. 2702--Authorization to fund certain demolition and
removal activities through Department of Defense Base
Closure Account........................................ 2131
Sec. 2703--Prohibition on conducting additional base
realignment and closure (BRAC) round................... 2131
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS........... 2132
Subtitle A--Military Construction Program.................... 2132
Sec. 2801--Temporary increase of amounts in connection
with authority to carry out unspecified minor military
construction........................................... 2132
Sec. 2802--Modification of annual locality adjustment of
dollar thresholds applicable to unspecified minor
military construction authorities...................... 2132
Sec. 2803--Permanent authority for defense laboratory
modernization program.................................. 2132
Sec. 2804--Elimination of sunset of authority to conduct
unspecified minor military construction authority for
lab revitalization..................................... 2132
Sec. 2805--Military construction projects for innovation,
research, development, test, and evaluation............ 2132
Sec. 2806--Supervision of large military construction
projects............................................... 2132
Sec. 2807--Specification of Assistant Secretary of
Defense for Energy, Installations, and Environment as
Chief Housing Officer.................................. 2133
Sec. 2808--Clarification of exceptions to limitations on
cost variations for military construction projects and
military family housing projects....................... 2133
Sec. 2809--Use of operation and maintenance funds for
certain construction projects outside the United States 2133
Sec. 2810--Consideration of installation of integrated
solar roofing to improve energy resiliency of military
installations.......................................... 2133
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.................... 2133
Sec. 2812--Determination and notification relating to
Executive orders that impact cost and scope of work of
military construction projects......................... 2134
Sec. 2813--Requirement for inclusion of Department of
Defense Forms 1391 with annual budget submission by
President.............................................. 2134
Sec. 2814--Use of integrated project delivery contracts.. 2134
Subtitle B--Military Housing Reforms......................... 2134
Sec. 2821--Standardization of military installation
Housing Requirements and Market Analyses............... 2134
Sec. 2822--Notice requirement for MHPI ground lease
extensions............................................. 2134
Sec. 2823--Annual briefings on military housing
privatization projects................................. 2135
Sec. 2824--Mold inspection of vacant housing units....... 2135
Sec. 2825--Implementation of recommendations from audit
of medical conditions of residents in privatized
military housing....................................... 2135
Subtitle C--Real Property and Facilities Administration...... 2135
Sec. 2831--Authorized land and facilities transfer to
support contracts with federally funded research and
development centers.................................... 2135
Sec. 2832--Limitation on use of funds pending completion
of military installation resilience component of master
plans for at-risk major military installations......... 2135
Sec. 2833--Physical entrances to certain military
installations.......................................... 2136
Subtitle D--Land Conveyances................................. 2136
Sec. 2841--Extension of time frame for land conveyance,
Sharpe Army Depot, Lathrop, California................. 2136
Sec. 2842--Land conveyance, Joint Base Charleston, South
Carolina............................................... 2136
Sec. 2843--Land conveyance, Naval Air Station Oceana, Dam
Neck Annex, Virginia Beach, Virginia................... 2136
Sec. 2844--Land exchange, Marine Reserve Training Center,
Omaha, Nebraska........................................ 2136
Sec. 2845--Land Conveyance, Starkville, Mississippi...... 2136
Subtitle E--Miscellaneous Studies and Reports................ 2137
Sec. 2851--Study on practices with respect to development
of military construction projects...................... 2137
Sec. 2852--Report on capacity of Department of Defense to
provide survivors of natural disasters with emergency
short-term housing..................................... 2137
Sec. 2853--Reporting on lead service lines and lead
plumbing............................................... 2137
Sec. 2854--Briefing on attempts to acquire land near
United States military installations by the People's
Republic of China...................................... 2137
Subtitle F--Other Matters.................................... 2137
Sec. 2861--Required consultation with State and local
entities for notifications related to the basing
decision-making process................................ 2137
Sec. 2862--Inclusion in Defense Community Infrastructure
Pilot Program of certain projects for ROTC training.... 2138
Sec. 2863--Inclusion of infrastructure improvements
identified in the report on strategic seaports in
Defense Community Infrastructure Pilot Program......... 2138
Sec. 2864--Inclusion of certain property for purposes of
Defense Community Infrastructure Pilot Program......... 2138
Sec. 2865--Expansion of pilot program on increased use of
sustainable building materials in military construction
to include locations throughout the United States...... 2138
Sec. 2866--Basing decision scorecard consistency and
transparency........................................... 2139
Sec. 2867--Temporary authority for acceptance and use of
funds for certain construction projects in the Republic
of Korea............................................... 2139
Sec. 2868--Repeal of requirement for Interagency
Coordination Group of Inspectors General for Guam
Realignment............................................ 2139
Sec. 2869--Lease or use agreement for category 3
subterranean training facility......................... 2139
Sec. 2870--Limitation on use of funds for closure of
combat readiness training centers...................... 2139
Sec. 2871--Required investments in improving child
development centers.................................... 2140
Sec. 2872--Interagency Regional Coordinator for
Resilience Pilot Project............................... 2140
Sec. 2873--Access to military installations for Homeland
Security Investigations personnel in Guam.............. 2140
Sec. 2874--Prohibition on joint use of Homestead Air
Reserve Base with civil aviation....................... 2140
Sec. 2875--Electrical charging capability construction
requirements relating to parking for Federal Government
motor vehicles......................................... 2140
Legislative Provisions Not Adopted........................... 2141
Modification of cost thresholds for authority of
Department of Defense to acquire low-cost interests in
land................................................... 2141
Permanent application of dollar limits for location and
application to projects outside the United States...... 2141
Requirements relating to certain military construction
projects............................................... 2141
Local hire requirements for military construction
contracts.............................................. 2141
Privatization of Navy and Air Force transient housing.... 2141
Report on Weapons Generation Facilities.................. 2141
Military housing feedback tool........................... 2143
Restoration or replacement of damaged, destroyed, or
economically unrepairable facilities................... 2143
Department of Defense Military Housing Readiness Council. 2143
Comptroller General assessment of implementation of
certain statutory provisions intended to improve the
experience of residents of privatized military housing. 2143
Defense access road program enhancements to address
transportation infrastructure in vicinity of military
installations.......................................... 2143
Improvements relating to access to military installations
in United States....................................... 2143
Study of military housing resilience and energy
efficiency............................................. 2144
Land conveyance, Lewes, Delaware......................... 2144
Authority for transfer of administrative jurisdiction,
Castner Range, Fort Bliss, Texas....................... 2144
Integrated master infrastructure plan to support defense
of Guam................................................ 2144
Feasibility study for Blue Grass Chemical Agent-
Destruction Pilot Plant................................ 2145
Comptroller General assessment of military construction,
maintenance, and upgrades of joint base infrastructure
and facilities......................................... 2146
Report on underground tunnels and facilities in Hawaii... 2147
Modification of quitclaim deed between the United States
and the City of Clinton, Oklahoma...................... 2147
Comptroller General report on community engagement
activities at military installations in foreign
countries.............................................. 2147
Report on recognition of African American servicemembers
in Department of Defense naming practices.............. 2147
Directing the Secretary of Defense to deliver a briefing
on housing with respect to junior members of the Armed
Forces................................................. 2148
Contributions for climate resilience for North Atlantic
Treaty Organizations Security Investment............... 2148
Recognition of Memorial, Memorial Garden, and K9 Memorial
of the National Navy UDT-SEAL Museum in Fort Pierce,
Florida, as a national memorial, memorial garden, and
K9 memorial, respectively, of Navy SEALs and their
predecessors........................................... 2148
Ensuring that contractor employees on Army Corps projects
are paid prevailing wages as required by law........... 2148
Inclusion of climate resilience services in the Combatant
Commander Initiative Fund.............................. 2149
TITLE XXIX--FALLON RANGE TRAINING COMPLEX........................ 2149
Secs. 2901-2933--Fallon Range Training Complex........... 2149
Legislative Provisions Not Adopted........................... 2149
Authorized Navy construction and land acquisition project 2149
Authorized Army construction and land acquisition
projects............................................... 2149
Authorized Air Force construction and land acquisition
projects............................................... 2149
Authorization of appropriations.......................... 2149
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 2150
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 2150
Subtitle A--National Security Programs and Authorizations.... 2150
Sec. 3101--National Nuclear Security Administration...... 2150
Sec. 3102--Defense environmental cleanup................. 2150
Sec. 3103--Other defense activities...................... 2150
Sec. 3104--Nuclear energy................................ 2150
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 2150
Sec. 3111--Requirements for specific request for new or
modified nuclear weapons............................... 2150
Sec. 3112--Modifications to long-term plan for meeting
national security requirements for unencumbered uranium 2151
Sec. 3113--Modification of minor construction threshold
for plant projects..................................... 2151
Sec. 3114--Update to plan for deactivation and
decommissioning of nonoperational defense nuclear
facilities............................................. 2151
Sec. 3115--Use of alternative technologies to eliminate
proliferation threats at vulnerable sites.............. 2152
Sec. 3116--Unavailability for overhead costs of amounts
specified for laboratory-directed research and
development............................................ 2152
Sec. 3117--Workforce enhancement for National Nuclear
Security Administration................................ 2152
Sec. 3118--Modification of cost baselines for certain
projects............................................... 2152
Sec. 3119--Purchase of real property options............. 2153
Sec. 3120--Prohibition on availability of funds to
reconvert or retire W76-2 warheads..................... 2153
Sec. 3121--Acceleration of depleted uranium manufacturing
processes.............................................. 2153
Sec. 3122--Assistance by the National Nuclear Security
Administration to the Air Force for the development of
the Mark 21A fuse...................................... 2154
Sec. 3123--Determination of standardized indirect cost
elements............................................... 2154
Sec. 3124--Certification of completion of milestones with
respect to plutonium pit aging......................... 2154
Sec. 3125--National Nuclear Security Administration
facility advanced manufacturing development............ 2154
Sec. 3126--Authorization of workforce development and
training partnership programs within National Nuclear
Security Administration................................ 2154
Subtitle C--Reports and Other Matters........................ 2155
Sec. 3131--Modification to certain reporting requirements 2155
Sec. 3132--Repeal of obsolete provisions of the Atomic
Energy Defense Act and other provisions................ 2156
Legislative Provisions Not Adopted........................... 2156
Plutonium pit production capacity........................ 2156
Comptroller General study on National Nuclear Security
Administration management and operation contracting
process................................................ 2158
Funding for W80-4 life extension program................. 2158
Designation of National Nuclear Security Administration
as technical nuclear forensics lead.................... 2158
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 2159
Sec. 3201--Authorization................................. 2159
Sec. 3202--Continuation of functions and powers during
loss of quorum......................................... 2159
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 2160
Sec. 3401--Authorization of appropriations............... 2160
TITLE XXXV--MARITIME ADMINISTRATION.............................. 2160
Subtitle A--Maritime Administration.......................... 2160
Sec. 3501--Authorization of appropriations for the
Maritime Administration................................ 2160
Sec. 3502--Secretary of Transportation responsibility
with respect to cargoes procured, furnished, or
financed by other Federal departments and agencies..... 2160
Subtitle B--Merchant Marine Academy.......................... 2161
Sec. 3511--Exemption of certain students from requirement
to obtain merchant mariner license..................... 2161
Sec. 3512--Board of Visitors............................. 2161
Sec. 3513--Protection of cadets from sexual assault
onboard vessels........................................ 2161
Sec. 3514--Service academy faculty parity of use of
United States Government works......................... 2161
Sec. 3515--Reports on matters relating to the United
States Merchant Marine Academy......................... 2161
Sec. 3516--Study on Capital Improvement Program at the
USMMA.................................................. 2161
Sec. 3517--Requirements relating to training of Merchant
Marine Academy cadets on certain vessels............... 2162
Subtitle C--Maritime Infrastructure.......................... 2162
Sec. 3521--United States marine highway program.......... 2162
Sec. 3522--Port infrastructure development grants........ 2162
Sec. 3523--Project selection criteria for port
infrastructure development program..................... 2163
Sec. 3524--Infrastructure improvements identified in the
report on strategic seaports........................... 2163
Sec. 3525--GAO review of Government efforts to promote
growth and modernization of United States Merchant
Fleet.................................................. 2163
Sec. 3526--GAO review of Federal efforts to enhance port
infrastructure resiliency and disaster preparedness.... 2163
Sec. 3527--Study on foreign investment in shipping....... 2163
Sec. 3528--Report on alternate marine fuel bunkering
facilities at ports.................................... 2164
Sec. 3529--Study of cybersecurity and national security
threats posed by foreign manufactured cranes at United
States ports........................................... 2164
Subtitle D--Maritime Workforce............................... 2164
Sec. 3531--Improving protections for Midshipmen.......... 2164
Sec. 3532--Maritime Technical Advancement Act............ 2164
Sec. 3533--Ensuring diverse mariner recruitment.......... 2165
Sec. 3534--Low emissions vessels training................ 2165
Subtitle E--Other Matters.................................... 2165
Sec. 3541--Waiver of navigation and vessel inspection
laws................................................... 2165
Sec. 3542--National maritime strategy.................... 2165
Sec. 3543--Maritime Environmental and Technical
Assistance Program..................................... 2166
Sec. 3544--Definition of qualified vessel................ 2166
Sec. 3545--Establishing a capital construction fund...... 2166
Sec. 3546--Recapitalization of National Defense Reserve
Fleet.................................................. 2166
Sec. 3547--Sense of Congress on Merchant Marine.......... 2166
Sec. 3548--Analysis of effects of chemicals of chemicals
in stormwater runoff on Pacific salmon and steelhead... 2166
Sec. 3549--Report on effective vessel quieting measures.. 2167
Legislative Provisions Not Adopted........................... 2167
Maritime Administration.................................. 2167
Updated requirements for fishing crew agreements......... 2167
Appointment of Superintendent of United States Merchant
Marine Academy......................................... 2167
Certificates of numbers for undocumented vessels......... 2167
Cargoes procured, furnished, or financed by the United
States Government...................................... 2168
DIVISION D--FUNDING TABLES....................................... 2168
Sec. 4001--Authorization of amounts in funding tables.... 2168
Summary of National Defense Authorizations for Fiscal
Year 2023.............................................. 2168
National Defense Budget Authority Implications........... 2172
TITLE XLI--PROCUREMENT........................................... 2174
Sec. 4101--Procurement................................... 2174
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 2218
Sec. 4201--Research, development, test, and evaluation... 2218
TITLE XLIII--OPERATION AND MAINTENANCE........................... 2290
Sec. 4301--Operation and maintenance..................... 2290
TITLE XLIV--MILITARY PERSONNEL................................... 2325
Sec. 4401--Military personnel............................ 2325
TITLE XLV--OTHER AUTHORIZATIONS.................................. 2326
Sec. 4501--Other authorizations.......................... 2326
TITLE XLVI--MILITARY CONSTRUCTION................................ 2330
Sec. 4601--Military construction......................... 2330
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 2361
Sec. 4701--Department of Energy National Security
Programs............................................... 2362
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS.................... 2374
TITLE LI--VETERANS AFFAIRS MATTERS............................... 2374
Subtitle A--Advisory Committee............................... 2374
Sec. 5101--Annual report from Advisory Committee on Women
Veterans............................................... 2374
Sec. 5102--Department of Veterans Affairs Advisory
Committee on United States Outlying Areas and Freely
Associated States...................................... 2374
Subtitle B--Studies and Reports.............................. 2374
Sec. 5111--Secretary of Veterans Affairs study on
dissemination of information on Department of Veterans
Affairs home loan benefits............................. 2374
Sec. 5112--GAO study on post-market surveillance of
medical devices by Department of Veterans Affairs...... 2374
Sec. 5113--Department of Veterans Affairs report on
supportive services and housing insecurity............. 2375
Sec. 5114--Report on handling of certain records of the
Department of Veterans Affairs......................... 2375
Subtitle C--Other Matters.................................... 2375
Sec. 5121--Improved application of employment and
reemployment rights of all members of uniformed
services............................................... 2375
Sec. 5122--Competitive pay for health care providers of
Department of Veterans Affairs......................... 2375
Sec. 5123--Definition of land use revenue under West Los
Angeles Leasing Act of 2016............................ 2376
Sec. 5124--Technical corrections to Honoring our PACT Act
of 2022................................................ 2376
Sec. 5125--Improving pilot program on acceptance by the
Department of Veterans Affairs of donated facilities
and related improvements............................... 2376
Sec. 5126--Improvement of Vet Centers at Department of
Veterans Affairs....................................... 2376
Sec. 5127--Information on certain veterans with prior
medical occupations; program on intermediate care
technicians of Department of Veterans Affairs.......... 2376
Legislative Provisions Not Adopted........................... 2377
Maximum rate of interest on debts incurred before
military service applicable to military dependents..... 2377
Sense of Congress regarding women who served as cadet
nurses during World War II............................. 2377
Sense of Congress regarding Korean and Korean-American
Vietnam war veterans................................... 2377
Pilot program to employ veterans in positions relating to
conservation and resource management activities........ 2377
Elimination of Asset and Infrastructure Review Commission
of Department of Veterans Affairs...................... 2377
Eligibility requirements for reimbursement for emergency
treatment furnished to veterans........................ 2378
Improving processing by the Department of Veterans
Affairs of disability claims for post-traumatic stress
disorder............................................... 2378
Registry of individuals exposed to per- and
polyfluoroalkyl substances on military installations... 2378
Report on barriers to veteran participation in Federal
housing programs....................................... 2378
Inclusion on the Vietnam Veterans Memorial Wall of the
names of the lost crew members of the U.S.S. Frank E.
Evans killed on June 3, 1969........................... 2378
Provision of health care benefits for certain individuals
who served in the Armed Forces of the Republic of Korea 2379
Grants for provision of transition assistance to members
and former members of the Armed Forces after
separation, retirement, or discharge................... 2379
Study on incidence and mortality of cancer among former
aircrew of the Navy, Air Force, and Marine Corps....... 2379
Feasibility study on inclusion on the Vietnam Veterans
Memorial Wall of the names of the lost crew members of
the USS Frank E. Evans killed on June 3, 1969.......... 2379
Limitation on copayments for contraception............... 2380
Requirement for timely scheduling of appointments at
medical facilities of Department of Veterans Affairs... 2380
Provision by Department of Veterans Affairs health care
providers of recommendations and opinions regarding
veteran participation in State marijuana programs...... 2380
VA payments or allowances for beneficiary travel......... 2380
Department of Veterans Affairs program to provide grants
for certain veterans service organizations affected by
the COVID-19 Pandemic.................................. 2380
Inclusion of veterans in housing planning................ 2380
Annual report on housing assistance to veterans.......... 2381
Payments to individuals who served during World War II in
the United States Merchant Marine...................... 2381
Expansion of eligibility for hospital care, medical
services, and nursing home care from the Department of
Veterans Affairs to include veterans of World War II... 2381
Pilot program on cybersecurity training for veterans and
military spouses....................................... 2381
Department of Veterans Affairs awareness campaign on
fertility services..................................... 2381
TITLE LII--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS 2382
Secs. 5201-5275--Inspector General independence and
empowerment matters.................................... 2382
Legislative Provisions Not Adopted........................... 2382
Investigations of Department of Justice personnel........ 2382
Law enforcement authority of the Inspector General of the
United States International Development Finance
Corporation............................................ 2382
Inspector General for the Office of Management and Budget 2382
TITLE LIII--OVERSIGHT AND REFORM MATTERS......................... 2382
Subtitle A--General Provisions............................... 2382
Sec. 5301--Access for Veterans to Records................ 2382
Sec. 5302--ONDCP supplemental strategies................. 2383
Sec. 5303--Performance Enhancement....................... 2383
Sec. 5304--Appeals to merit systems protection board
relating to FBI reprisal allegations; salary of Special
Counsel................................................ 2383
Sec. 5305--Fairness for Federal firefighters............. 2383
Subtitle B--Plum Act of 2022................................. 2384
Sec. 5321--Short title................................... 2384
Sec. 5322--Establishment of public website on government
policy and supporting positions........................ 2384
TITLE LIV--21ST CENTURY ASSISTIVE TECHNOLOGY ACT................. 2384
Secs. 5401-5403--21st Century Assistive Technology Act... 2384
TITLE LV--FOREIGN AFFAIRS MATTERS................................ 2384
Subtitle A--Taiwan Enhanced Resilence Act.................... 2384
Secs. 5501-5540--Taiwan Enhanced Resilience Act.......... 2384
Subtitle B--United States-Ecuador Partnership Act of 2022.... 2385
Secs. 5541-5550--United States-Ecuador Partnership Act of
2022................................................... 2385
Subtitle C--Fentanyl Results Act............................. 2385
Secs. 5551-5558--Prioritization of efforts of the
Department of State to combat international trafficking
in covered synthetic drugs............................. 2385
Subtitle D--International Pandemic Preparedness.............. 2386
Secs. 5559-5566--International Pandemic Preparedness and
COVID-19 Response Act of 2022.......................... 2386
Subtitle E--Burma Act of 2022................................ 2386
Secs. 5567-5579--BURMA Act of 2022....................... 2386
Subtitle F--Promotion of Freedom of Information and
Countering of Censorship and Surveillance in North Korea... 2386
Secs. 5580-5584--Otto Warmbier Countering North Korean
Censorship and Surveillance Act of 2022................ 2386
Subtitle G--Other Matters.................................... 2386
Sec. 5585--Congressional notification for rewards paid
using cryptocurrencies................................. 2386
Sec. 5586--Secure access to sanitation facilities for
women and girls........................................ 2386
Sec. 5587--Reauthorization of the Tropical Forest and
Coral Reef Conservation Act of 1998.................... 2387
Sec. 5588--Global Food Security Reauthorization Act of
2022................................................... 2387
Sec. 5589--Extension and modification of certain export
controls............................................... 2387
Sec. 5590--Imposition of sanctions with respect to the
sale, supply, or transfer of gold to or from Russia.... 2387
Sec. 5591--Renegotiation of Compacts of Free Association. 2387
Sec. 5592--Secretary of State assistance for prisoners in
Islamic Republic of Iran............................... 2388
Sec. 5593--Iran Nuclear Weapons Capability and Terrorism
Monitoring Act of 2022................................. 2388
Subtitle H--Reports.......................................... 2388
Sec. 5594--Modification to peacekeeping operations report 2388
Sec. 5595--Report on Indo-Pacific region................. 2388
Sec. 5596--Report on humanitarian situation and food
security in Lebanon.................................... 2389
Sec. 5597--Statement of policy and report on engaging
with Niger............................................. 2389
Sec. 5598--Report on bilateral security and law
enforcement cooperation with Mexico.................... 2389
Sec. 5599--Report on Chinese support to Russia with
respect to its unprovoked invasion of and full-scale
war against Ukraine.................................... 2389
Sec. 5599A--Feasibility study on United States support
for and participation in the international
counterterrorism academy in Cote d'Ivoire.............. 2389
Sec. 5599B--Consultations on reuniting Korean Americans
with family members in North Korea..................... 2390
Subtitle I--Sense of Congress Provisions..................... 2390
Sec. 5599C--Sense of Congress regarding the status of
China.................................................. 2390
Sec. 5599D--Sense of Congress regarding Israel........... 2390
Sec. 5599E--Sense of Congress relating to the NATO
Parliamentary Assembly................................. 2390
Sec. 5599F--Condemning detention and indictment of
Russian opposition leader Vladimir Vladimirovich Kara-
Murza.................................................. 2390
Sec. 5599G--Sense of Congress regarding development of
nuclear weapons by Iran................................ 2391
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE..................... 2391
Sec. 5601--Designation of small State and rural advocate. 2391
Sec. 5602--Flexibility................................... 2391
Sec. 5603--Preliminary damage assessment................. 2391
Sec. 5604--Letter of deviation authority................. 2392
Sec. 5605--Recognizing FEMA support...................... 2392
Legislative Provisions Not Adopted........................... 2392
Calculation of active service............................ 2392
Acquisition of icebreaker................................ 2392
Department of Defense civilian pilots.................... 2393
Pilot program for spaceflight recovery operations at sea. 2393
Menstrual products in public buildings................... 2393
Fly America Act exception................................ 2393
Aqua alert notification system pilot program............. 2393
Definitions.............................................. 2394
Permitting use of highway trust fund for construction of
certain noise barriers................................. 2394
Establishment of Southern New England Regional Commission 2394
Critical document fee waiver............................. 2394
Disadvantaged business enterprises....................... 2394
Report on improving counterterrorism security at
passenger rail stations................................ 2394
Extreme weather events................................... 2395
Safety standards......................................... 2395
Extension................................................ 2395
Duplication of benefits.................................. 2395
High-speed broadband deployment initiative............... 2395
TITLE LVII--FINANCIAL SERVICES MATTERS........................... 2395
Sec. 5701--United States policy on World Bank Group and
Asian Development Bank assistance to the People's
Republic of China...................................... 2395
Sec. 5702--Support for international initiatives to
provide debt restructuring or relief to developing
countries with unsustainable levels of debt............ 2396
Sec. 5703--Ukraine debt payment relief................... 2396
Sec. 5704--Isolate Russian Government Officials Act of
2022................................................... 2396
Sec. 5705--Fair hiring in banking........................ 2396
Sec. 5706--Banking Transparency for Sanctioned Persons
Act of 2022............................................ 2397
Sec. 5707--Flexibility in addressing rural homelessness.. 2397
Sec. 5708--Master account and services database.......... 2397
Legislative Provisions Not Adopted........................... 2397
Services That Open Portals to Dirty Money Act............ 2397
Review of cyber-related matters at the Department of the
Treasury............................................... 2397
Strengthening awareness of sanctions..................... 2398
Briefing on Chinese support for Afghan illicit finance... 2398
Payment choice........................................... 2398
Disclosure requirements relating to China-based hedge
funds capital raising activities in the United States
through certain exempted transactions.................. 2398
Russia and Belarus financial sanctions................... 2398
Appraisal standards for single-family housing mortgages.. 2398
China financial threat mitigation........................ 2399
Review of Federal Housing Administration small-dollar
mortgage practices..................................... 2399
Disclosure of businesses ties to Russia.................. 2399
Small business loan data collection...................... 2399
Nationwide emergency declaration medical supplies
enhancement............................................ 2399
Special measures to fight modern threats................. 2399
Submission of data relating to diversity................. 2400
Diversity advisory group................................. 2400
Discount on mortgage insurance premium payments for
first-time homebuyers who complete financial literacy
housing counseling programs............................ 2400
Capacity building for community development and
affordable housing..................................... 2400
Affordable housing construction as eligible activity
under Community Development Block Grant Program........ 2400
Consideration of small home mortgage lending under
Community Reinvestment Act............................. 2401
Prohibition on consumer reports containing adverse
information related to certain student loans........... 2401
Extension of the Central Liquidity Facility.............. 2401
Promoting capital raising options for traditionally
underrepresented small businesses...................... 2401
Improvements by countries in combating narcotics-related
money laundering....................................... 2401
Study on the role of online platforms and tenant
screening companies in the housing market.............. 2401
United States opposition to multilateral development bank
projects that provide a public subsidy to a private
sector firm unless the subsidy is awarded using an
open, competitive process or on an open-access basis... 2402
United States contribution to the Catastrophe Containment
and Relief Trust at the International Monetary Fund.... 2402
Public reporting of United States votes to support, or
abstention from voting on, multilateral development
bank projects under the Guidance on Fossil Fuel Energy
at the Multilateral Development Banks issued by the
Department of the Treasury on August 16, 2021.......... 2402
United States policy on international finance corporation
disclosure of high and substantial risk sub-projects of
financial intermediary clients......................... 2402
United States policy on multilateral development bank
disclosure of beneficial ownership information......... 2403
Strengthening the Securities Exchange Commission's
Whistleblower Fund..................................... 2403
Addition of United Kingdom and Australia as Defense
Production Act domestic sources........................ 2403
Protections for active duty uniformed consumer........... 2403
Fair debt collection practices for servicemembers........ 2403
Grant program for grandfamily housing.................... 2403
Promoting diversity and inclusion in the appraisal
profession............................................. 2404
Combating Trade-Based Money Laundering................... 2404
Disclosure of disability, veteran, and military status... 2404
Strengthening Cybersecurity for the Financial Sector..... 2404
Review of International Monetary Fund loan surcharge
policy................................................. 2404
Grants to eligible entities for enhanced protection of
senior investors and senior policyholders.............. 2404
Banking transparency for sanctioned persons.............. 2405
Bureau servicemember and veteran credit reporting
ombudsperson........................................... 2405
Senior investor taskforce................................ 2405
Military service question................................ 2405
Prohibition on trading ahead by market makers............ 2405
Securing America's vaccines for emergencies.............. 2405
Special Drawing Rights exchange prohibition.............. 2405
Prohibition on insider trading........................... 2406
Community development block grant disaster recovery
program................................................ 2406
SAFE Banking Act of 2022................................. 2406
TITLE LVIII--FINANCIAL DATA TRANSPARENCY......................... 2406
Secs. 5801-5893--Financial Data Transparency Act of 2022. 2406
TITLE LIX--Other Matters......................................... 2406
Subtitle A--Judiciary Matters................................ 2406
Sec. 5901--Extension of admission to Guam or the
Commonwealth of the Northern Mariana Islands for
certain non-immigrant H-2B workers..................... 2406
Sec. 5902--Eligibility of Portuguese traders and
investors for E-1 and E-2 nonimmigrant visas........... 2407
Sec. 5903--Incentives for States to create sexual assault
survivors' bill of rights.............................. 2407
Sec. 5904--Extending the statute of limitations for
certain money laundering offenses...................... 2407
Subtitle B--Science, Space, and Technology Matters........... 2407
Sec. 5911--Financial assistance for construction of test
beds and specialized facilities........................ 2407
Sec. 5912--Reports on arctic research, budget, and
spending............................................... 2408
Sec. 5913--National research and development strategy for
distributed ledger technology.......................... 2408
Sec. 5914--Technical corrections......................... 2408
Subtitle C--FedRAMP Authorization Act........................ 2408
Sec. 5921--FedRAMP Authorization Act..................... 2408
Subtitle D--Judicial Security and Privacy.................... 2409
Secs. 5931-5939--Judicial Security and Privacy........... 2409
Subtitle E--Other Matters.................................... 2409
Sec. 5941--Secretary of Agriculture report on improving
supply chain shortfalls and infrastructure needs at
wholesale produce markets.............................. 2409
Sec. 5942--Extension of deadline for transfer of parcels
of land in New Mexico.................................. 2409
Sec. 5943--Ending global wildlife poaching and
trafficking............................................ 2409
Sec. 5944--Cost-sharing requirements applicable to
certain Bureau of Reclamation dams and dikes........... 2409
Sec. 5945--Transfer of National Oceanic and Atmospheric
Administration property in Norfolk, Virginia........... 2409
Sec. 5946--Other matters................................. 2410
Sec. 5947--Enhancing transparency on international
agreements and non-binding instruments................. 2410
Sec. 5948--Ukraine Invasion War Crimes Deterrence and
Accountability Act..................................... 2410
Sec. 5949--Prohibition on certain semiconductor products
and services........................................... 2410
Legislative Provisions Not Adopted........................... 2411
Public Lands............................................. 2411
Servicemember protections for medical debt collections... 2411
Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of
Texas Equal and Fair Opportunity amendment............. 2411
Inclusion of Commonwealth of the Northern Mariana Islands
and American Samoa..................................... 2411
Establishment of Fund.................................... 2411
Leasing on the Outer Continental Shelf................... 2412
Continental Divide National Scenic Trail................. 2412
Sacramento-San Joaquin Delta National Heritage Area...... 2412
New York-New Jersey Watershed Protection................. 2412
Authorization of appropriations for the National Maritime
Heritage Grant Program................................. 2412
Berryessa Snow Mountain National Monument Expansion...... 2412
Minimum wage for Federal contractors..................... 2412
Federal wildland firefighter recruitment and retention... 2413
Study and report on returnship programs.................. 2413
Limitations on exception of competitive service positions 2413
Afghan Allies Protection................................. 2413
Arms Exports Delivery Solutions Act...................... 2413
Prohibition of Federal funding for induced or required
undermining of security of consumer communications
goods.................................................. 2414
Foreign state computer intrusions........................ 2414
School PFAS testing and filtration program............... 2414
Report on EMT national licensing standards............... 2414
Requirement for cut flowers and cut greens displayed in
certain Federal buildings to be produced in the United
States................................................. 2415
Interagency report on extremist activity................. 2415
Reporting on previous Federal Bureau of Investigation and
Department of Homeland Security requirements........... 2415
PFAS data call........................................... 2415
Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor Standards Act of
1938................................................... 2416
Report on human rights in the Philippines................ 2416
Requirement for the Secretary of Housing and Urban
Development to annually report complaints of sexual
harassment............................................. 2416
Department of Labor study on factors affecting employment
opportunities for immigrants and refugees with
professional credentials obtained in foreign countries. 2416
Sense of Congress and statement of policy on Haiti....... 2416
Correctional Facility Disaster Preparedness.............. 2417
Nondiscrimination in Federal hiring for veteran medical
cannabis users; Authorized provision of information on
State-approved marijuana programs to veterans.......... 2417
Report on Certain Entities Connected to Foreign Persons
on the Murder of Jamal Khashoggi....................... 2417
Review of implementation of United States sanctions with
respect to violators of the arms embargo on Libya...... 2417
Modification of prior notification of shipment of arms... 2417
Study and report on feasibility of suspension of mergers,
acquisitions, and takeovers of certain foreign
surveillance companies................................. 2418
Report on political prisoners in Egypt................... 2418
Attorney General authority to transfer forfeited Russian
assets to assist Ukraine............................... 2418
Removing Russian rough diamonds from global markets...... 2418
Liu Xiaobo Fund for Study of the Chinese language........ 2418
Japanese American confinement education grants........... 2419
Reporting on internationally recognized human rights in
the United States in the annual Country Reports on
Human Rights Practices................................. 2419
Blackwater Trading Post Land............................. 2419
Authorizations relating to veterinary care overseas...... 2419
Crisis counseling assistance and training................ 2419
Prohibited uses of acquired, donated, and conservation
land................................................... 2419
Jamal Khashoggi Press Freedom Accountability Act of 2021. 2420
GAO study on the Daniel Pearl Freedom of the Press Act of
2009................................................... 2420
Elimination of sentencing disparity for cocaine offenses. 2420
Support for Afghan Special Immigrant Visa and Refugee
Applicants............................................. 2420
Liability for failure to disclose or update information.. 2420
Government Accountability Office study and report on
contractors using distributors to avoid scrutiny....... 2420
Supplement to Federal Employee Viewpoint Survey.......... 2421
Certain activities relating to intimate visual depictions 2421
Limitation on licenses and other authorizations for
export of certain items removed from the jurisdiction
of the United States Munitions List and made subject to
the jurisdiction of the Export Administration
Regulations............................................ 2421
Waiver of special use permit application fee for
veterans' special events............................... 2422
Review of standard occupational classification system.... 2422
United States Fire Administration on-site investigations
of major fires......................................... 2422
Multilateral agreement to establish an independent
international center for research on the information
environment............................................ 2422
Prohibition on certain assistance to the Philippines..... 2422
Report on Colombian military forces...................... 2423
Federal Contracting for Peace and Security............... 2423
Democracy disruption in the Middle East and Africa....... 2423
Reports on substance abuse in the Armed Forces........... 2423
GAO report on civilian support positions at remote
military installations................................. 2424
GAO study on Foreign Service Institute's School of
Language Studies....................................... 2424
Amendments to the Ukraine Freedom Support Act of 2014.... 2424
GAO study on end use monitoring.......................... 2425
Sense of Congress regarding the life and legacy of
Senator Joseph Maxwell Cleland......................... 2425
Repeal of 1991 Authorization for Use of Military Force
Against Iraq Resolution................................ 2427
Support for Afghans applying for student visas........... 2427
Immigration age-out protections.......................... 2427
American Security Drone Act of 2022...................... 2427
Medicare Improvement Fund................................ 2427
Clean Water Act effluent limitations guidelines and
standards and water quality criteria for PFAS.......... 2427
Amendments to the Maine Indian Claims Settlement Act of
1980................................................... 2428
Sense of Congress that the Department of Veterans Affairs
should be prohibited from denying home loans for
veterans who legally work in the marijuana industry.... 2428
Hermit's Peak/Calf Canyon Fire Assistance................ 2428
Open Technology Fund grants.............................. 2428
Strategic transformer reserve and resilience............. 2428
AI in Counterterrorism Oversight Enhancement............. 2428
Elimination of termination clause for Global Engagement
Center................................................. 2429
Resolution of controversies under Servicemembers Civil
Relief Act............................................. 2429
Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act........................ 2429
Clarification of private right of action under
Servicemembers Civil Relief Act........................ 2429
Report on the use of data and data science at the
Department of State and USAID.......................... 2429
Modification of reports to Congress under Global
Magnitsky Human Rights Accountability Act.............. 2429
Department of State fellowships for rule of law
activities in Central America.......................... 2430
Report on all comprehensive sanctions imposed on foreign
governments............................................ 2430
Contracts by the President, the Vice President, or a
Cabinet Member......................................... 2430
Modification of duties of United States-China Economic
and Security Review Commission......................... 2430
Treatment of paycheck protection program loan forgiveness
of payroll costs under highway and public
transportation project cost-reimbursement contracts.... 2431
Biliteracy Education Seal and Teaching Act............... 2431
Documenting and responding to discrimination against
migrants abroad........................................ 2431
Foreign corruption accountability sanctions and criminal
enforcement............................................ 2431
Improving investigation and prosecution of child abuse
cases.................................................. 2431
Designation of El Paso Community Healing Garden National
Memorial............................................... 2432
Administrator of General Services study on counterfeit
items on e-commerce platforms of the General Services
Administration......................................... 2432
Report on removal of servicemembers...................... 2432
Limitation on availability of funds for certain
contractors or grantees that require nondisparagement
or nondisclosure clause related to sexual harassment
and sexual assault..................................... 2432
Report to Congress by Secretary of State on government-
ordered internet or telecommunications shutdowns....... 2432
Admission of essential scientists and technical experts
to promote and protect National Security Innovation
Base................................................... 2433
Delaware River Basin Conservation reauthorization........ 2433
Rights for the TSA Workforce Act of 2022................. 2433
Low power TV stations.................................... 2433
Post-employment restrictions on Senate-confirmed
officials at the Department of State................... 2433
Weatherization Assistance Program........................ 2434
Treatment of exemptions under FARA....................... 2434
Libya Stabilization Act.................................. 2434
United States-Israel Artificial Intelligence Center...... 2434
Preventing Future Pandemics.............................. 2434
Promoting and advancing communities of color through
Inclusive Lending Act.................................. 2434
Prohibition of arms sales to countries committing
genocide or war crimes and related matters............. 2435
Federal emergency management advancement of equity....... 2435
Protection of Saudi dissidents........................... 2435
Colorado and Grand Canyon public lands................... 2435
Plan to accelerate restoration of domestic uranium
enrichment............................................. 2435
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023.. 2436
Secs. 6001-6824--Intelligence Authorization Act for
Fiscal Year 2023....................................... 2436
DIVISION G--HOMELAND SECURITY.................................... 2436
TITLE LXXI--HOMELAND SECURITY PROVISIONS......................... 2436
Secs. 7101-7105, 7111-7123, 7131-7135, 7141-7321--
Homeland Security Matters.............................. 2436
Sec. 7106--Chemical Security Analysis Center............. 2436
Sec. 7124--Report on cybersecurity roles and
responsibilities of the Department of Homeland Security 2437
Sec. 7136--Reports, evaluations, and research regarding
drug interdiction at and between ports of entry........ 2437
Legislative Provisions Not Adopted........................... 2437
National Cybersecurity Preparedness Consortium........... 2437
Exemption of certain Homeland Security fees for certain
immediate relatives of an individual who received the
Purple Heart........................................... 2437
Clarifications regarding scope of employment and
reemployment rights of members of the uniformed
services............................................... 2438
Critical technology security centers..................... 2438
Systemically important entities.......................... 2438
GAO review of Department of Homeland Security efforts
related to establishing space as a critical
infrastructure sector.................................. 2438
Report on commercial satellite cybersecurity; CISA
commercial satellite system cybersecurity clearinghouse 2438
Report on Puerto Rico's electric grid.................... 2439
Building cyber resilience after SolarWinds............... 2439
CISA director appointment and term....................... 2439
Department of Homeland Security report relating to
establishment of preclearance facility in Taiwan....... 2439
Human trafficking training............................... 2439
Department of Homeland Security Office for Civil Rights
and Civil Liberties authorization...................... 2439
Office of Civil Rights and Inclusion..................... 2440
DIVISION H--WATER RESOURCES...................................... 2440
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022............. 2440
Secs. 8001-8403--Water Resources Development Act of 2022. 2440
TITLE LXXXV--CLEAN WATER......................................... 2440
Sec. 8501--Regional water programs....................... 2440
Sec. 8502--Nonpoint source management programs........... 2440
Sec. 8503--Wastewater assistance to colonias............. 2440
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS................... 2440
Secs. 9001-9803--Department of State Authorization Act of
2022................................................... 2440
DIVISION J--OCEANS AND ATMOSPHERE................................ 2441
Secs. 102441-10601--Oceans and Atmosphere................ 2441
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022...... 2441
Secs. 11001-11808--Don Young Coast Guard Authorization
Act of 2022............................................ 2441
COMPLIANCE WITH HOUSE RULE XXI................................... 2442
JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023
LEGISLATIVE TEXT
[Note from the Director, Legislative Operations: The
following is the enrolled legislative text of H.R. 7776, the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, as passed by the House of Representatives and the
Senate]
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) \general.\--'' before
``Until'';
(2) by striking ``September 30, 2026'' and inserting
``September 30, 2029'';
(3) by striking ``support'' and inserting ``carry
out'';
(4) by striking ``personnel of the California
National Guard'' and inserting ``National Guard
personnel (including from the Colorado National Guard
and the California National Guard)''; and
(5) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a),
no component (including any analytical responsibility) of the
FireGuard program may be transferred from the Department of
Defense to another entity. If the Secretary seeks to make such
a transfer, the Secretary shall, at least three years before
such transfer, provide to the appropriate congressional
committees a written report and briefing that detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve
detection and monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means
the following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the
Senate.
``(4) The Permanent Select Committee on Intelligence
of the House of Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended, in subsection
(a), by striking ``fiscal year 2022'' and inserting ``fiscal
years 2022 and 2023''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS OF
CERTAIN RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military
department may not take any covered action regarding a covered
unit until the day that is 60 days after the Secretary of a
military department submits to Congress notice of such covered
action. Such notice shall include the following elements:
(1) An analysis of how the covered action would
improve readiness.
(2) A description of how the covered action would
align with the National Defense Strategy and the
supporting strategies of each military departments.
(3) A description of any proposed organizational
change associated with the covered action and how the
covered action will affect the relationship of
administrative, operational, or tactical control
responsibilities of the covered unit.
(4) The projected cost and any projected long-term
cost savings of the covered action.
(5) A detailed description of any requirements for
new infrastructure or relocation of equipment and
assets necessary for the covered action.
(6) A description of how the covered activity will
affect the ability of the covered Armed Force to
accomplish its current mission.
(b) Applicability.--This section shall apply to any step to
perform covered action regarding a covered unit on or after the
date of the enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the
following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the
following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a
reserve component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL GUARD
OFFICERS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense shall seek to enter into a contract with a
federally funded research and development center to
conduct a study on the National Guard commissioned
officer and warrant officer promotion system and
provide recommendations to the Department of Defense,
the Department of the Air Force, the Department of the
Army, the National Guard Bureau, and individual State
National Guard commands.
(2) Elements.--The study referred to in paragraph (1)
shall include a comprehensive review and assessment of
the following:
(A) Reasons for delays in processing
personnel actions for Federal recognition of
State National Guard member promotions.
(B) The Federal recognition process used to
extend Federal recognition to State promotions.
(C) Best practices among the various State
National Guards for managing their requirements
under the existing National Guard promotion
system.
(D) Possible improvements to requirements,
policies, procedures, workflow, or resources to
reduce the processing time for Federal
recognition of state promotions.
(E) An assessment of the feasibility of
developing or adopting a commercially available
solution for an integrated enterprise
information technology system for managing
National Guard officer and warrant officer
promotions that allows seamless transition for
promotions as they move through review at the
National Guard Bureau, the Department of the
Army, the Department of the Air Force, and the
Department of Defense.
(F) Possible metrics to evaluate
effectiveness of any recommendations made.
(G) Possible remedies for undue delays in
Federal recognition, including adjustment to
the effective date of promotion beyond current
statutory authorities.
(H) Any other matters the federally funded
research and development center determines
relevant.
(3) Report.--
(A) In general.--The contract under paragraph
(1) shall require the federally funded research
and development center that conducts the study
under the contract to submit to the Secretary
of Defense, the Secretary of the Army, the
Secretary of the Air Force, and the Chief of
the National Guard Bureau a report on the
results of the study.
(B) Submission to congress.--Upon receiving
the report required under subparagraph (A), the
Secretary of Defense shall submit an unedited
copy of the report results to the congressional
defense committees within 30 days of receiving
the report from the federally funded research
and development corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter until the date specified in paragraph (3),
the Secretary of Defense, in consultation with the
Secretary of the Army and the Secretary of the Air
Force as appropriate, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report
detailing the current status of the Federal recognition
process for National Guard promotions.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) An update on efforts to transition to
fully digital processes in accordance with
recommendations made pursuant to subsection
(a).
(B) The average processing time for personnel
actions related to Federal recognition of
reserve commissioned officer promotions in the
Army and Air National Guards, respectively,
including the time in days from the date at
which the National Guard Bureau received the
promotion until the date at which Federal
recognition was granted.
(C) The average time it took during the
previous fiscal year to extend Federal
recognition.
(D) The number of Army and Air National Guard
officers who experienced Federal recognition
delays greater than 90 days in the previous
fiscal year.
(E) A summary of any additional resources or
authorities needed to further streamline the
Federal recognition processes to reduce average
Federal recognition processing time to 90 days
or fewer.
(F) Any other information that the
Secretaries concerned deem relevant.
(3) Expiration of annual reporting requirement.--The
date referred to in paragraph (1) is such time as the
average processing time for personnel actions described
under this subsection is reduced to 90 days or fewer
for each of the Army and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall review and update the 2017 report from the RAND
Corporation titled ``Geographic and Demographic
Representativeness of Junior Reserve Officer Training Corps''
(Library of Congress Control Number: 2017950423).
(b) Elements.--The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate
representation in, and reasonable access to, units of
the Junior Reserve Officers' Training Corps
(hereinafter, ``JROTC'') for students in all regions of
the of the United States.
(2) The estimated cost and time to increase the
number of units of JROTC to ensure adequate
representation and reasonable access described in
paragraph (1).
(3) Recommendations to increase adequate
representation and reasonable access described in
paragraph (1) in areas of the United States that the
Secretary of Defense determines lack such adequate
representation and reasonable access.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives the report updated under this
section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND
EDUCATION CENTER.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Assistant Secretary of Defense for Homeland Defense and Global
Security and the Chief of the National Guard Bureau, shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a briefing that includes--
(1) an organizational plan and an estimate of the
annual costs necessary for the Army Interagency
Training and Education Center to carry out duties
assigned to it by the Chief of the National Guard
Bureau; and
(2) the staffing requirements needed to adequately
staff such duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL SELECTION
REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' before ``If the Secretary
concerned''; and
(2) by adding at the end the following new
subparagraph:
``(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse
information concerning an officer subject to this section until
the next regularly scheduled promotion board applicable to such
officer, in lieu of furnishing such adverse information to a
special selection review board under this section.''.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS BY
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE AND COAST GUARD EMPLOYEES AND THEIR
FAMILIES.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or''
and inserting a semicolon;
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by inserting after paragraph (2) the
following new paragraph:
``(3) that results in enrollment in a Warriors in
Transition program, as defined in section 738(e) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1),
(2) or (3) of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A MEMBER
WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10,
United States Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and
inserting ``(or an individual designated by the
President)''; and
(B) by striking ``him'' and inserting ``the
member'';
(2) in paragraph (1), by striking ``his field'' and
inserting ``the field of the member'';
(3) in paragraph (3), by striking ``his recognized
potential for future career service'' and inserting
``the recognized potential for future career service of
the member''; and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it
appears and inserting ``the member's''; and
(B) by striking ``him'' and inserting ``the
member''.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF ADMINISTRATIVE
DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF
FAILURE TO RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is
amended--
(1) in the matter preceding paragraph (1), by
striking ``During the period of time beginning on
August 24, 2021, and ending on the date that is two
years after the date of the enactment of this Act,
any'' and inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and
inserting a semicolon;
(3) in paragraph (2), by striking the period and
inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an
administrative discharge before completing the first
180 continuous days of active duty, uncharacterized.''.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall rescind the mandate
that members of the Armed Forces be vaccinated against COVID-19
pursuant to the memorandum dated August 24, 2021, regarding
``Mandatory Coronavirus Disease 2019 Vaccination of Department
of Defense Service Members''.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR
THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501 of
this Act) of title 10, United States Code, shall not apply to
the Space Force until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF THE
ARMED FORCES: STUDY; UPDATE; TRAINING; REPORT.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
study on the notification processes of the next of kin upon the
death of a member of the Armed Forces. In conducting the study,
the Secretary shall identify the following elements:
(1) The time it takes for such notification to occur
after such death, recovery of remains, and
identification of remains. Such time shall be
determined through an analysis of data regarding cases
involving such notifications.
(2) The effect of media (including social media) and
other forms of communication on such processes.
(3) Means by which the Secretary may improve such
processes to reduce the time described in paragraph
(1).
(4) Any legislative recommendations of the Secretary
to improve such processes to reduce the time described
in paragraph (1).
(b) Update.--Upon completion of the study under subsection
(a), the Secretary shall review and update training and
education materials regarding such processes, implementing
means described in subsection (a)(3).
(c) Operational Training.--The Secretary of the military
department concerned shall include a training exercise, using
materials updated (including lessons learned) under subsection
(b), regarding a death described in this section in each major
exercise conducted by such Secretary or the Secretary of
Defense.
(d) Report.--Not later one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report containing--
(1) the results of the study;
(2) a description of the update under subsection (b);
and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR
MILITARY OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall--
(1) establish gender-neutral physical readiness
standards that ensure soldiers can perform the duties
of their respective military occupational specialties;
and
(2) provide to the Committees on Armed Services of
the Senate and House of Representatives a briefing
describing the methodology used to determine the
standards established under paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a recurring report regarding the requirement
that a member of the Armed Forces shall receive a vaccination
against COVID-19. Each such report may not contain any
personally identifiable information, and shall contain the
following:
(1) With regard to religious exemptions to such
requirement--
(A) the number of such exemptions for which
members applied;
(B) the number of such religious exemptions
denied;
(C) the reasons for such denials;
(D) the number of members denied such a
religious exemption who complied with the
requirement; and
(E) the number of members denied such a
religious exemption who did not comply with the
requirement who were separated, and with what
characterization.
(2) With regard to medical exemptions to such
requirement--
(A) the number of such medical exemptions for
which members applied;
(B) the number of such medical exemptions
denied;
(C) the reasons for such denials;
(D) the number of members denied such a
medical exemption who complied with the
requirement; and
(E) the number of members denied such a
medical exemption who did not comply with the
requirement who were separated, and with what
characterization.
(b) Frequency; Termination.--The Secretary shall submit the
first such report not later than 90 days after the date of the
enactment of this Act and every 90 days thereafter until the
first of the following to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the
enactment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED
FROM THE ARMED FORCES DUE TO PREGNANCY OR
PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally
authorized the appointment and enlistment of women in
the regular components of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that
members of the regular components of the Armed Forces
could become pregnant.
(3) The response to such possibilities and
actualities was Executive Order 10240, signed by
President Harry S. Truman in 1951, which granted the
Armed Forces the authority to involuntarily separate or
discharge a woman if she became pregnant, gave birth to
a child, or became a parent by adoption or a
stepparent.
(4) The Armed Forces responded to the Executive order
by systematically discharging any woman in the Armed
Forces who became pregnant.
(5) The Armed Forces were required to offer women who
were involuntarily separated or discharged due to
pregnancy the opportunity to request retention in the
military.
(6) The Armed Forces may not have provided required
separation benefits, counseling, or assistance to the
members of the Armed Forces who were separated or
discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were
involuntarily separated or discharged from the Armed
Forces as a result of pregnancy.
(8) Such involuntary separation or discharge from the
Armed Forces on the basis of pregnancy was challenged
in Federal district court by Stephanie Crawford in
1975, whose legal argument stated that this practice
violated her constitutional right to due process of
law.
(9) The Court of Appeals for the Second Circuit ruled
in Stephanie Crawford's favor in 1976 and found that
Executive Order 10240 and any regulations relating to
the Armed Forces that made separation or discharge
mandatory due to pregnancy were unconstitutional.
(10) By 1976, all regulations that permitted
involuntary separation or discharge of a member of the
Armed Forces because of pregnancy or any form of
parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed
Forces, and many are parents, including 12 percent of
whom are single parents.
(12) While military parents face many hardships,
today's Armed Forces provide various lengths of paid
family leave for mothers and fathers, for both birth
and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that
women who served in the Armed Forces before February 23, 1976,
should not have been involuntarily separated or discharged due
to pregnancy or parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING
PROSPECTIVE RECRUITS.
(a) Treatment of Personally Identifiable Information.--
Section 503(a) of title 10, United States Code, is amended
adding at the end the following new paragraphs:
``(3) PII regarding a prospective recruit collected
or compiled under this subsection shall be kept
confidential, and a person who has had access to such
PII may not disclose the information except for
purposes of this section or other purpose authorized by
law.
``(4) In the course of conducting a recruiting
campaign, the Secretary concerned shall--
``(A) notify a prospective recruit of data
collection policies of the armed force
concerned; and
``(B) permit the prospective recruit to elect
not to participate in such data collection.
``(5) In this subsection, the term `PII' means
personally identifiable information.''.
(b) Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct
a pilot program (such a program shall be referred to as
a ``Military Recruiting Modernization Program'') to
evaluate the feasibility and effectiveness of
collecting and using PRI with modern technologies to
allow the Secretary to more effectively and efficiently
use recruiting resources.
(2) Treatment of prospective recruit information.--
PRI collected under a pilot program under this
subsection--
(A) may be used by the Armed Forces and
entities into which the Secretary has entered
into an agreement regarding military
recruitment only for purposes of military
recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three
years after collection; and
(3) Opt-out.--A pilot program under this subsection
may allow a prospective recruit to opt-out of the
collection of PRI regarding such prospective recruit.
(4) Termination.--Any such pilot program shall
terminate three years after implementation.
(5) Interim briefing.--Not later than 90 days after
the implementing a pilot program under this subsection,
the Secretary shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a briefing on the pilot program. Such briefing shall
include the following:
(A) The definition, prescribed by the
Secretary, of PRI.
(B) How the Secretary intends to handle
privacy concerns related to the collection of
PRI.
(C) Legal concerns over the collection, use,
and maintenance of PRI.
(6) Final report.--Not later than 120 days after the
completion of a pilot program under this subsection,
the Under Secretary of Defense for Personnel and
Readiness shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the pilot program. Such report shall
include the following:
(A) A summary of whether and how the pilot
program modernized recruiting efforts.
(B) A description of any efficiencies
identified under the pilot program.
(C) Any violations of privacy laws arising
from the pilot program.
(D) Legislative recommendations of the Under
Secretary arising from this pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information,
prescribed by the Secretary of Defense,
regarding a prospective recruit.
(B) The term ``prospective recruit'' means an
individual who is eligible to join the Armed
Forces and is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its
equivalent) or higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED
RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before
its expiration on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a
comma; and
(B) by striking ``2020'' and inserting
``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date
of the enactment of this act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on recruiting efforts of
the covered Armed Forces.
(b) Elements.--The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of--
(A) the number of active duty enlistments
from each geographic region;
(B) the number of recruiters stationed in
each geographic region; and
(C) advertising dollars spent in each
geographic region, including annual numbers and
averages.
(2) A comparison of the number of active duty
enlistments produced by each recruiting battalion,
recruiting district, or recruiting region, the number
of recruiters stationed in each battalion, and
advertising dollars spent in support of each battalion,
including annual numbers and averages.
(3) An analysis of the geographic dispersion of
enlistments by military occupational specialty.
(4) An analysis of the amount of Federal funds spent
on advertising per active duty enlistment by recruiting
battalion, recruiting district, or recruiting region,
and a ranked list of those battalions from most
efficient to least efficient.
(5) A comparison of the race, religion, sex,
education levels, military occupational specialties,
and waivers for enlistment granted to enlistees by
geographic region and recruiting battalion, recruiting
district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face
in the field, including access to schools and
administrative support.
(7) Efforts the Secretary of the military department
concerned is taking to mitigate obstacles described in
paragraph (6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed
Force under the jurisdiction of the Secretary of a
military department.
(2) The term ``geographic region'' means a region
used for the 2020 decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later that September 30, 2023, the
Comptroller General of the United States, in consultation with
experts determined by the Secretary of Defense, shall evaluate
the marketing and recruiting efforts of the Department of
Defense to determine how to use social media and other
technology platforms to convey to young people the
opportunities and benefits of service in the covered Armed
Forces.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING TO
RACIAL AND ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on the
efforts of the Department of Defense to increase marketing and
advertising to adequately reach racial and ethnic minority
communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on military recruitment practices in
public secondary schools during calendar years 2018 through
2022, including--
(1) the zip codes of public secondary schools visited
by military recruiters; and
(2) the number of recruits from public secondary
schools by zip code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS OF
THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and
exit survey data to identify barriers and lessons learned to
improve the retention of female members of the Armed Forces
under the jurisdiction of such Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL OPERATIONS
FORCES.
(a) Review Required.--The Secretary of Defense shall direct
the covered officials to review (and, if a covered official
determines it necessary, update guidance and processes) matters
described in section 167(e)(2)(J) of title 10, United States
Code. The covered officials shall complete such review (and
update) not later than 180 days after the date of the enactment
of this Act.
(b) Elements of Review.--The review and updates under
subsection (a) shall address the respective roles of the
military departments and the United States Special Operations
Command with respect to the following:
(1) Coordination between special operations command
and the military departments regarding recruiting and
retention to ensure that personnel requirements of
special operations forces and the military departments
are met appropriately.
(2) Opportunities for members of special operations
forces to enroll in professional military education.
(3) Promotion opportunities for members of special
operations forces and an assessment of whether such
opportunities are adequate to fulfill staffing
requirements of special operations forces.
(4) Data sharing between the military departments and
special operations command with respect to special
operations forces personnel.
(5) Any other matter the Secretary of Defense
determines appropriate.
(c) Report Required.--Not later than 90 days after completing
the review (and any updates) under subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
such review and any resulting updates to guidance and
processes. The report shall also include any recommendations of
the Secretary regarding matters described in subsection (a) or
(b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military
departments;
(B) the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict;
and
(C) the Commander of special operations
command.
(2) The term ``special operations command'' has the
meaning given that term in section 167(a) of title 10,
United States Code.
(3) The term ``special operations forces'' means the
forces described in section 167(j) of title 10, United
States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY
PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to
identify opportunities to provide more support services to, and
greater recognition of combat accomplishments of, RPA crew.
Such study shall identify the following with respect to each
covered Armed Force:
(1) Safety policies applicable to crew of traditional
aircraft that apply to RPA crew.
(2) Personnel policies, including crew staffing and
training practices, applicable to crew of traditional
aircraft that apply to RPA crew.
(3) Metrics the Secretaries of the military
departments use to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion
rates, and career advancement opportunities for RPA
crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to
RPA crew.
(7) Mental health care available to crew of
traditional aircraft and RPA crew who conduct combat
operations.
(8) Whether RPA crew receive post-separation health
(including mental health) care equivalent to crew of
traditional aircraft.
(9) An explanation of any difference under paragraph
(8).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report containing the following:
(1) The results of the study conducted under this
section.
(2) Any policy recommendations of the Secretary
regarding such results.
(3) Progress made by the Secretary of the Air Force
in implementing the recommendations of the Comptroller
General of the United States in the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial
Systems: Air Force Pilot Promotion Rates Have
Increased but Oversight Process of Some
Positions Could Be Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial
Systems: Air Force Should Take Additional Steps
to Improve Aircrew Staffing and Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed
Force under the jurisdiction of the Secretary of a
military department.
(2) The term ``RPA crew'' means members of covered
Armed Forces who perform duties relating to remotely
piloted aircraft.
(3) The term ``traditional aircraft'' means fixed or
rotary wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States
shall study efforts to retain and recruit members with military
occupational specialties regarding air and missile defense
systems of the Army.
(b) Interim Briefing.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a briefing on the status of the study.
(c) Final Report.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House of
Representatives a report that identifies steps the Secretary of
the Army may take to improve such retention and recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10,
United States Code (article 1(17)(A) of the Uniform
Code of Military Justice), as added by section 533 of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695), is amended by
striking ``section 920 (article 120)'' and inserting
``section 919a (article 119a), section 920 (article
120), section 920a (article 120a)''.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect immediately after the coming into
effect of the amendments made by section 533 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1695) as provided in
section 539C of that Act (10 U.S.C. 801 note) and shall
apply with respect to offenses that occur after that
date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10,
United States Code (article 1(17)(A) of the Uniform
Code of Military Justice), as added by section 533 of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1695) and amended by
subsection (a) of this section, is further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and
inserting ``, or the standalone offense of
sexual harassment punishable under section 934
(article 134) of this title in each instance in
which a formal complaint is made and such
formal complaint is substantiated in accordance
with regulations prescribed by the Secretary
concerned''.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect on January 1, 2025, and shall
apply with respect to offenses that occur after that
date.
(c) Residual Prosecutorial Duties and Other Judicial
Functions of Convening Authorities in Covered Cases.--The
President shall prescribe regulations to ensure that residual
prosecutorial duties and other judicial functions of convening
authorities, including granting immunity, ordering depositions,
and hiring experts, with respect to charges and specifications
over which a special trial counsel exercises authority pursuant
to section 824a of title 10, United States Code (article 24a of
the Uniform Code of Military Justice) (as added by section 531
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1692)), are transferred to the
military judge, the special trial counsel, or other authority
as appropriate in such cases by no later than the effective
date established in section 539C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 801 note), in consideration of due process for all
parties involved in such a case.
(d) Amendment to the Rules for Courts-Martial.--The President
shall prescribe in regulation such modifications to Rule 813 of
the Rules for Courts-Martial and other Rules as appropriate to
ensure that at the beginning of each court-martial convened,
the presentation of orders does not in open court specify the
name, rank, or position of the convening authority convening
such court, unless such convening authority is the Secretary
concerned, the Secretary of Defense, or the President.
(e) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the progress of
the Department of Defense in implementing this section,
including an identification of--
(1) the duties to be transferred under subsection
(c);
(2) the positions to which those duties will be
transferred; and
(3) any provisions of law or Rules for Courts Martial
that must be amended or modified to fully complete the
transfer.
(f) Additional Reporting Relating to Implementation of
Subtitle D of Title V of the National Defense Authorization Act
for Fiscal Year 2022.--Not later than February 1, 2025, and
annually thereafter for five years, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report assessing the
holistic effect of the reforms contained in subtitle D of title
V of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) on the military justice system. The
report shall include the following elements:
(1) An overall assessment of the effect such reforms
have had on the military justice system and the
maintenance of good order and discipline in the ranks.
(2) The percentage of caseload and courts-martial
assessed as meeting, or having been assessed as
potentially meeting, the definition of ``covered
offense'' under section 801(17) of title 10, United
States Code (article 1(17) of the Uniform Code of
Military Justice) (as added by section 533 of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 17 Stat. 1695)), disaggregated
by offense and military service where possible.
(3) An assessment of prevalence and data concerning
disposition of cases by commanders after declination of
prosecution by special trial counsel, disaggregated by
offense and military service when possible.
(4) Assessment of the effect, if any, the reforms
contained in such subtitle have had on non-judicial
punishment concerning covered and non-covered offenses.
(5) A description of the resources and personnel
required to maintain and execute the reforms made by
such subtitle during the reporting period relative to
fiscal year 2022.
(6) A description of any other factors or matters
considered by the Secretary to be important to a
holistic assessment of those reforms on the military
justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10,
United States Code (article 24a(c)(3) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``Subject to paragraph (4)'' and
inserting ``Subject to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered
rehearing'' and inserting ``an authorized rehearing''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1692) as provided in section 539C of that Act (10 U.S.C.
801 note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States
Code (article 25(e) of the Uniform Code of Military Justice),
is amended by adding at the end the following new paragraph:
``(4) When convening a court-martial, the convening authority
shall detail as members thereof members of the armed forces
under such regulations as the President may prescribe for the
randomized selection of qualified personnel, to the maximum
extent practicable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is two years after the date
of the enactment of this Act and shall apply with respect to
courts-martial convened on or after that effective date.
(c) Regulations.--Not later than the effective date specified
in subsection (b), the President shall prescribe regulations
implementing the requirement under paragraph (4) of section
825(e) of title 10, United States Code (article 25(e) of the
Uniform Code of Military Justice), as added by subsection (a)
of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section
861(d) of title 10, United States Code (article 61(d) of the
Uniform Code of Military Justice), is amended by striking ``A
waiver'' and inserting ``Except as provided by section
869(c)(2) of this title (article 69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States
Code (article 66 of the Uniform Code of Military Justice), is
amended--
(1) in subsection (b)(1), by striking ``shall have
jurisdiction over'' and all that follows through the
period at the end of subparagraph (D) and inserting the
following: ``shall have jurisdiction over--
``(A) a timely appeal from the judgment of a court-
martial, entered into the record under section 860c(a)
of this title (article 60c(a)), that includes a finding
of guilty; and
``(B) a summary court-martial case in which the
accused filed an application for review with the Court
under section 869(d)(1) of this title (article
69(d)(1)) and for which the application has been
granted by the Court.''; and
(2) in subsection (c), by striking ``is timely if''
and all that follows through the period at the end of
paragraph (2) and inserting the following: ``is timely
if--
``(1) in the case of an appeal under subparagraph (A)
of such subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning
on the date the accused is provided notice of
appellate rights under section 865(c) of this
title (article 65(c)); or
``(B) the date set by the Court of Criminal
Appeals by rule or order; and
``(2) in the case of an appeal under subparagraph (B)
of such subsection, an application for review with the
Court is filed not later than the earlier of the dates
established under section 869(d)(2)(B) of this title
(article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title
10, United States Code (article 69 of the Uniform Code of
Military Justice), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Upon application by the accused or receipt
of the record pursuant to section 864(c)(3) of this title
(article 64(c)(3)) and subject to subsections (b), (c), and
(d), the Judge Advocate General may--
``(1) with respect to a summary court-martial, modify
or set aside, in whole or in part, the findings and
sentence; or
``(2) with respect to a general or special court-
martial, order such court-martial to be reviewed under
section 866 of this title (article 66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To
qualify''; and
(B) by striking ``not later than one year
after'' and all that follows through the period
at the end and inserting the following: ``not
later than--
``(A) for a summary court-martial, one year after the
date of completion of review under section 864 of this
title (article 64); or
``(B) for a general or special court-martial, one
year after the end of the 90-day period beginning on
the date the accused is provided notice of appellate
rights under section 865(c) of this title (article
65(c)), unless the accused submitted a waiver or
withdrawal of appellate review under section 861 of
this title (article 61) before being provided notice of
appellate rights, in which case the application must be
submitted to the Judge Advocate General not later than
one year after the entry of judgment under section 860c
of this title (article 60c).
``(2) The Judge Advocate General may, for good cause shown,
extend the period for submission of an application, except
that--
``(A) in the case of an application for review of a
summary court martial, the Judge Advocate may not
consider an application submitted more than three years
after the completion date referred to in paragraph
(1)(A); and
``(B) in case of an application for review of a
general or special court-martial, the Judge Advocate
may not consider an application submitted more than
three years after the end of the applicable period
under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking
``section 864 or 865(b) of this title (article
64 or 65(b))'' and inserting ``section 864 of
this title (article 64)''; and
(B) in paragraph (2), by striking ``the Judge
Advocate General shall order appropriate
corrective action under rules prescribed by the
President'' and inserting ``the Judge Advocate
General shall send the case to the Court of
Criminal Appeals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under
subsection (c)--'' and all that follows through
``(B) in a case submitted'' and inserting
``under subsection (c)(1) in a case
submitted''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)''.
(d) Applicability.--The amendments made by this section shall
not apply to--
(1) any matter that was submitted before the date of
the enactment of this Act to a Court of Criminal
Appeals established under section 866 of title 10,
United States Code (article 66 of the Uniform Code of
Military Justice); or
(2) any matter that was submitted before the date of
the enactment of this Act to a Judge Advocate General
under section 869 of such title (article 69 of the
Uniform Code of Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States
Code, is amended--
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ``The policies shall'' and
inserting ``Subject to subsection (c), the policies
shall'';
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection:
``(c) Special Trial Counsel of Department of the Air Force.--
In establishing policies under subsection (a), the Secretary of
Defense shall--
``(1) in lieu of providing for separate offices for
the Air Force and Space Force under subsection (a)(1),
provide for the establishment of a single dedicated
office from which office the activities of the special
trial counsel of the Department of the Air Force shall
be supervised and overseen; and
``(2) in lieu of providing for separate lead special
trial counsels for the Air Force and Space Force under
subsection (a)(2), provide for the appointment of one
lead special trial counsel who shall be responsible for
the overall supervision and oversight of the activities
of the special trial counsel of the Department of the
Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall
take effect immediately after the coming into effect of the
amendments made by section 532 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1694) as provided in section 539C of that Act (10 U.S.C.
801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1709), is amended to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a
civilian employee of the Department of Defense or a
member of the Army, Navy, Marine Corps, Air Force, or
Space Force who--
``(A) is outside the immediate chain of
command of the complainant and the subject of
the investigation; and
``(B) is trained in the investigation of
sexual harassment, as determined by--
``(i) the Secretary of Defense, in
the case of a civilian employee of the
Department of Defense;
``(ii) the Secretary of the Army, in
the case of a member of the Army;
``(iii) the Secretary of the Navy, in
the case of a member of the Navy or
Marine Corps; or
``(iv) the Secretary of the Air
Force, in the case of a member of the
Air Force or Space Force.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as
punishable under section 934 of this title (article
134) pursuant to the regulations prescribed by the
Secretary of Defense for purposes of such section
(article).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect immediately after the coming into effect of
the amendments made by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1709) as provided in subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section
549A(c) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1722) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) include a focus on whether and to what extent
sub-populations of the military community may be
targeted for interpersonal violence more than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of
interpersonal and self-directed violence;
``(4) seek to improve the collection and
dissemination of data on hazing and bullying related to
interpersonal and self-directed violence;''; and
(3) by amending paragraph (6), as redesignated by
paragraph (1) of this section, to read as follows:
``(6) incorporate collaboration with other Federal
departments and agencies, including the Department of
Health and Human Services and the Centers for Disease
Control and Prevention, State governments, academia,
industry, federally funded research and development
centers, nonprofit organizations, and other
organizations outside of the Department of Defense,
including civilian institutions that conduct similar
data-driven studies, collection, and analysis; and''.
(b) Primary Prevention Workforce.--Section 549B of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1722) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking
``subsection (a)'' and inserting ``paragraph
(1)''; and
(B) by adding at the end the following new
paragraph:
``(3) Comptroller general report.--Not later than one
year after the date of the enactment of this paragraph,
the Comptroller General of the United States shall
submit to the congressional defense committees a report
that--
``(A) compares the sexual harassment and
prevention training of the Department of
Defense with similar programs at other
departments and agencies of the Federal
Government; and
``(B) includes relevant data collected by
colleges and universities and other relevant
outside entities on hazing and bullying and
interpersonal and self-directed violence.'';
and
(2) by adding at the end the following new
subsection:
``(e) Incorporation of Research and Findings.--The Secretary
of Defense shall ensure that the findings and conclusions from
the primary prevention research agenda established under
section 549A are regularly incorporated, as appropriate, within
the primary prevention workforce established under subsection
(a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY
CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Army may be obligated or expended to relocate
an Army CID special agent training course until--
(1)(A) the Secretary of the Army submits to the
Committees on Armed Services of the Senate and the
House of Representatives--
(i) the evaluation and plan required by
subsection (a) of section 549C of the National
Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1724);
(ii) the implementation plan required by
subsection (b) of such section; and
(iii) a separate report on any plans of the
Secretary to relocate an Army CID special agent
training course, including an explanation of
the business case for any transfer of training
personnel proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed
Services of the House of Representatives a briefing on
the contents of each report specified in subparagraph
(A); and
(C) a period of 90 days has elapsed following the
briefing under subparagraph (B); and
(2) the Secretary submits a written certification to
the Committees on Armed Services of the Senate and the
House of Representatives indicating that the Army has
fully complied with subsection (c) of section 549C of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1724) with regard to
locations at which military criminal investigative
training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to
an Army CID special agent training course, means the
transfer of such course to a location different than
the location used for such course as of the date of the
enactment of this Act.
(2) The term ``Army CID special agent training
course'' means a training course provided to members of
the Army to prepare such members for service as special
agents in the Army Criminal Investigation Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND
CERTAIN OTHER ORGANIZATIONS.
(a) Review of Titling an Indexing Decisions.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of the Army shall review the case file of each member
or former member of the Army, the Army Reserve, or the Army
National Guard who was titled or indexed in connection with the
Guard Recruiting Assistance Program, the Army Reserve
Recruiting Assistance Program, or any related activity to
determine the appropriateness of the titling or indexing
decision that was made with respect to such member or former
member.
(b) Factors to Be Considered.--In reviewing a titling or
indexing decision under subsection (a), the Secretary of the
Army shall consider--
(1) the likelihood that the member or former member
to whom the decision pertains will face future criminal
prosecution or other adverse action on the basis of the
facts in the record at the time of the review;
(2) the appropriate evidentiary standard to apply to
the review of the decision; and
(3) such other circumstances or factors as the
Secretary determines are in the interest of equity and
fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review
under subsection (a), the Secretary of the Army shall
notify the member or former member concerned of such
review, the disposition of the relevant instance of
titling or indexing, and the mechanisms the member or
former member may pursue to seek correction, removal,
or expungement of that instance of titling or indexing.
(2) Notification of next of kin.--In a case in which
a member or former member required to be notified under
paragraph (1) is deceased, the Secretary of the Army
shall provide the notice required under such paragraph
to the primary next of kin of the member or former
member.
(d) Actions by the Secretary of the Army.--If the Secretary
of the Army determines that correction, removal, or expungement
of an instance of titling or indexing is appropriate after
considering the factors under subsection (b), the Secretary of
the Army may request that the name, personally identifying
information, and other information relating to the individual
to whom the titling or indexing pertains be corrected in,
removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative
report of the Department of Defense or any component of
the Department.
(2) An index item or entry in the Department of
Defense Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a
report described in paragraph (1), or an index item or
entry described in paragraph (2), in any system of
records, records database, records center, or
repository maintained by or on behalf of the
Department, including entries in the Federal Bureau of
Investigation's Interstate Identification Index or any
successor system.
(e) Report of Secretary of the Army.--Not later than 180 days
after the completion of the review required by subsection (a),
the Secretary of the Army shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the results of the review. The report shall include
the following:
(1) The total number of instances of titling and
indexing reviewed under such subsection.
(2) The number of cases in which action was taken to
correct, remove, or expunge an instance of titling or
indexing.
(3) The number of members and former members who
remain titled after the conclusion of the review.
(4) The number of members and former members who
remain indexed after the conclusion of the review.
(5) A brief description of the reasons the members
and former members counted under paragraphs (3) and (4)
remain titled or indexed.
(6) Such other matters as the Secretary determines
appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a
review the titling and indexing practices of the
criminal investigative organizations of the Armed
Forces. Such review shall include--
(A) an assessment of the practices of titling
and indexing and the continued relevance of
such practices to the operation of such
criminal investigative organizations;
(B) an evaluation of the suitability of the
evidentiary requirements and related practices
for titling and indexing in effect at the time
of the review; and
(C) the development of recommendations, as
appropriate, to improve the consistency,
accuracy, and utility of the titling and
indexing processes across such criminal
investigative organizations.
(2) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the review conducted under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of
identifying an individual as the subject of a criminal
investigation the records of a military criminal
investigative organization and storing such information
in a database or other records system.
(2) The term ``indexing'' means the practice of
submitting an individual's name or other personally
identifiable information to the Federal Bureau of
Investigation's Interstate Identification Index, or any
successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no
less frequently than once every 180 days thereafter
through December 31, 2024, each Secretary concerned
shall provide to the appropriate congressional
committees a briefing that details the resourcing
necessary to implement subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that
subtitle.
(2) Report.--Not later than one year after the date
of the enactment of this Act, each Secretary concerned
shall submit to the appropriate congressional
committees a report that details the resourcing
necessary to implement subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) and the amendments made by that
subtitle.
(3) Form of briefing and report.--The Secretaries
concerned may provide the briefings and report required
under paragraphs (1) and (2) jointly, or separately, as
determined appropriate by such Secretaries.
(b) Elements.--The briefing and report required under
subsection (a) shall address the following:
(1) The number of personnel and personnel
authorizations (military and civilian) required by the
Armed Forces to implement and execute the provisions of
subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81) and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to
paragraph (1), including the following:
(A) A description of the organizational
structure in which such personnel or groups of
personnel are or will be aligned.
(B) The nature of the duties and functions to
be performed by any such personnel or groups of
personnel across the domains of policy-making,
execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the
following categories of personnel who are or
will participate in the military justice
process: criminal investigators of different
levels and expertise, laboratory personnel,
defense counsel, special trial counsel,
military defense counsel, military judges,
military magistrates, and paralegals.
(D) Any required increase in the number of
personnel currently authorized in law to be
assigned to the Armed Force concerned.
(3) The nature and scope of any contract required by
the Armed Force concerned to implement and execute the
provisions of subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the amendments made by that subtitle.
(4) The amount and types of additional funding
required by the Armed Force concerned to implement the
provisions of subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the amendments made by that subtitle.
(5) Any additional authorities required to implement
the provisions of subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) and the amendments made by that subtitle.
(6) Any additional information the Secretary
concerned determines is necessary to ensure the
manning, equipping, and resourcing of the Armed Forces
to implement and execute the provisions of subtitle D
of title V of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Commerce, Science, and
Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Transportation and Infrastructure,
and the Committee on Appropriations of the
House of Representatives.
(2) The term ``Secretary concerned'' has the meaning
given that term in section 101(a) of title 10, United
States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) Report Required.--Not later than one year after the date
of the enactment of this Act, the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (referred to in this section as the ``Advisory
Committee'') shall submit to the Committees on Armed Services
of the Senate and the House of Representatives and each
Secretary concerned a report on the feasibility and
advisability of establishing a uniform policy for the sharing
of the information described in subsection (c) with a Special
Victims' Counsel, Victims' Legal Counsel, or other counsel
representing a victim of an offense under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include
the following:
(1) An assessment of the feasibility and advisability
of establishing the uniform policy described in
subsection (a), including an assessment of the
potential effects of such a policy on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and
advisable, a description of--
(A) the stages of the military justice
process at which the information described in
subsection (c) should be made available to
counsel representing a victim; and
(B) any circumstances under which some or all
of such information should not be shared.
(3) Such recommendations for legislative or
administrative action as the Advisory Committee
considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to
investigators.
(2) The record of any forensic examination of the
person or property of the victim, including the record
of any sexual assault forensic exam of the victim that
is in possession of investigators or the Government.
(3) Any medical record of the victim that is in the
possession of investigators or the Government.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, acting through the head of
the Sexual Assault Prevention and Response Office of the
Department of Defense, shall ensure that information on the
availability of legal resources from civilian legal service
organizations is distributed to military-connected sexual
assault victims in an organized and consistent manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE ACADEMY
FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section 2245
the end the following new section:
``Sec. 2246. Authorization of certain support for military service
academy foundations
``(a) Authority.--Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the
Superintendent of a Service Academy may authorize a covered
foundation to use, on an unreimbursed basis, facilities or
equipment of such Service Academy.
``(b) Limitations.--Use of facilities or equipment under
subsection (a) may be provided only if such use--
``(1) is without any liability of the United States
to the covered foundation;
``(2) does not affect the ability of any official or
employee of the military department concerned, or any
member of the armed forces, to carry out any
responsibility or duty in a fair and objective manner;
``(3) does not compromise the integrity or appearance
of integrity of any program of the military department
concerned, or any individual involved in such a
program;
``(4) does not include the participation of any cadet
or midshipman, other than participation in an honor
guard at an event of the covered foundation;
``(5) complies with the Joint Ethics Regulation; and
``(6) has been reviewed and approved by an attorney
of the military department concerned.
``(c) Briefing.--In any fiscal year during which the
Superintendent of a Service Academy exercises the authority
under subsection (a), the Secretary of the military department
concerned shall provide a briefing not later than the last day
of that fiscal year to the Committees on Armed Services of the
Senate and House of Representatives regarding the number of
events or activities of a covered foundation supported by such
exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a
charitable, educational, or civic nonprofit
organization under section 501(c)(3) of the Internal
Revenue Code of 1986, that the Secretary concerned
determines operates exclusively to support, with
respect to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character
development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning
given such term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to item 2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE
CONSIDERED FOR APPOINTMENT TO MILITARY SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 7442 of title
10, United States Code, is amended, in subsection (b)(5), by
striking ``paragraphs (3) and (4)'' and inserting ``paragraphs
(3) through (10)''.
(b) United States Naval Academy.--Section 8454 of title 10,
United States Code, is amended, in subsection (b)(5), by
striking ``paragraphs (3) and (4)'' and inserting ``paragraphs
(3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title
10, United States Code, is amended, in subsection (b)(5), by
striking ``paragraphs (3) and (4)'' and inserting ``paragraphs
(3) through (10)''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF AGREEMENT TO SERVE AS AN
OFFICER.
(a) United States Military Academy.--Section 7448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet
graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end
the following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph
(1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of
subsection (a) has breached an agreement under
such subsection; and
``(B) at least two years after the cadet
graduates from the Academy has not breached an
agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer
who is a graduate of the Academy'' and
inserting ``with respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the
terms'' and inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
``(5) That the midshipman may not obtain employment
as a professional athlete until two years after the
midshipman graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end
the following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection
(a) is not eligible for the alternative obligation under
paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of
subsection (a) has breached an agreement under
such subsection; and
``(B) at least two years after the midshipman
graduates from the Academy has not breached an
agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer
who is a graduate of the Academy'' and
inserting ``with respect to a midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the
terms'' and inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet
graduates from the Academy.''.
(2) Subsection (b) is amended by adding at the end
the following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph
(1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of
subsection (a) has breached an agreement under
such subsection; and
``(B) at least two years after the cadet
graduates from the Academy has not breached an
agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer
who is a graduate of the Academy'' and
inserting ``with respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the
terms'' and inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS AND
CHIEF ACADEMIC OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United
States Code, is amended--
(A) by striking ``Academic Dean'' each place
it appears and inserting ``Chief Academic
Officer'';
(B) in subsection (a), by striking the second
sentence and inserting ``An individual selected
by the Secretary of the Navy for the position
of Provost and Chief Academic Officer shall
serve in that position for a term of not more
than five years and may be continued in that
position for an additional term of up to five
years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such
section is amended by striking ``Academic
Dean'' and inserting ``Chief Academic
Officer''.
(B) Table of sections.--The table of sections
at the beginning of chapter 855 of such title
is amended by striking the item relating to
section 8543 and inserting the following new
item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section
8542(a)(4)(A)(ii)(II) of such title is amended
by striking ``permanently appointed to the
position of Provost and Academic Dean'' and
inserting ``selected for the position of
Provost and Chief Academic Officer''.
(b) United States Air Force Institute of Technology.--
Subsection (b) of section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and
inserting ``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it
appears and inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and
inserting ``selected''; and
(4) by striking paragraph (2) and inserting the
following:
``(2) Term.--An individual selected for the position
of Provost and Chief Academic Officer shall serve in
that position for a term of not more than five years
and may be continued in that position for an additional
term of up to five years.''.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of
title 10, United States Code, is amended by striking ``only on
a space-available basis''.
(b) Briefing.--Six years after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees
on Armed Services of the Senate and House of Representatives on
the effects of increasing enrollment of enlisted members at the
Naval Postgraduate School pursuant to the amendment made by
subsection (a). Such briefing shall include the following
elements:
(1) Any increase to the effectiveness, readiness, or
lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion
(including compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 7442 note) is amended by
adding at the end the following new subparagraph:
``(C) Anything the Secretary determines to be
significant regarding gender, race, ethnicity,
or other demographic information, described in
subsection (b), of such individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary
of Defense, in coordination with the Chairman of the Joint
Chiefs of Staff and the Secretaries of the military
departments, shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
effectiveness of PME in educating officers of the Armed Forces.
(b) Elements.--The Secretary of Defense shall include in the
report the following elements:
(1) Definitions; purpose statement.--In order to
improve readiness and create a culture of lifelong
learning for PME students and faculty--
(A) recommendations regarding whether to
define PME, or to revise existing definitions
in section 2151 of title 10, United States
Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of
study in PME--
(A) an analysis of, and legislative
recommendations regarding, the existing three-
phase approach to JPME under section 2154 of
title 10, United States Code.
(B) legislative recommendations regarding
developing a statutory three-phase approach for
PME other than JPME, similar to such approach
for JPME; and
(C) a proposed career learning plan, provided
to an officer every two years, to track the
progress of such officer in achieving PME and
JPME outcomes and other career milestones.
(3) Curriculum evaluation.--An evaluation of
curricula of institutions of PME, including--
(A) compliance with subject matter
requirements under chapter 107 of title 10,
United States Code;
(B) legislative recommendations regarding
such subject matter requirements, including
whether to include the national defense
strategy in such requirements;
(C) the curriculum development process,
including whether such process is responsive to
changing global threats, and any ways to
improve such process to be able to make rapid,
relevant, and responsive curriculum updates;
(D) current modes of instruction and related
recommendations, including the use of
interactive seminars, war games, simulations,
experiential learning, and iterative case
studies;
(E) special areas of focus regarding
innovation, including disruptive change,
adaptive thinking, design thinking, cyber
security, artificial intelligence, applied
design for innovation, and other areas the
Secretary determines appropriate; and
(F) the development and assessment of
learning outcomes regarding lethality and
strategic influence.
(4) Systems of accountability and performance.--An
evaluation of the following accountability and
performance systems:
(A) Student performance assessments.
(B) The documentation of student performance
in military service records.
(C) Consideration of student performance
records in the determination of assignments and
promotions.
(D) Consideration of expertise or academic
focus in the determination of assignments.
(5) Academic faculty and student review system.--A
summary of current processes to review the following:
(A) The means by which faculty assigned to
teach PME (including members of the Armed
Forces and civilian personnel) are selected,
managed, promoted, and evaluated.
(B) The academic freedom of faculty described
in subparagraph (A).
(C) A review of how members are selected for
residential and non-residential PME, including
the consideration of student performance
assessments during PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) Partnerships.--A review of existing
academic partnerships between institutions of
PME and civilian institutions, including--
(i) the scopes, purposes, and lengths
of such partnerships;
(ii) any research, curriculum
development, or sharing of faculty or
students between institutions; and
(iii) any collaborations or exchanges
by faculties or students.
(B) Consortium.--An appraisal of a
prospective consortium of institutions of PME
and civilian institutions, including--
(i) the feasability and advisability
of establishing such a consortium;
(ii) recommendations, if any,
regarding potential consortium members;
(iii) the anticipated costs and
timeline to establish such a
consortium; and
(iii) whether the inclusion of the
Naval Postgraduate School or Air Force
Institute of Technology in such a
consortium would require legislation.
(7) Organization.--With regards to the organizational
structure and lines of authority established pursuant
to section 2152 of title 10, United States Code--
(A) an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023,
the Secretary of Defense shall provide to the
Committees on Armed Services of the House of
Representatives and the Senate an initial briefing on
the progress of the Secretary in preparing the report.
(2) Interim briefings.--Every six months after the
initial briefing, the Secretary of Defense shall
provide to the Committees on Armed Services of the
House of Representatives and the Senate an interim
briefing on the progress and contents of the report.
(3) Final briefing.--Not later than December 1, 2025,
in conjunction with issuance of the final report, the
Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and House of
Representatives a final briefing on the findings and
recommendations in the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education
schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service
school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and
``senior level service school'' have the meaning given
such terms in section 2151 of title 10, United States
Code.
(3) The term ``JPME'' means ``joint professional
military education'' has the meaning given such term in
section 2151 of title 10, United States Code.
(4) The term ``PME'' means professional military
education, including JPME.
(5) The term ``professional military education
schools'' means the schools specified in section
2162(b) of title 10, United States Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
regarding the treatment of China in the curricula of
institutions of military education, including changes to such
treatment implemented in the five years preceding the date of
such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education''
means--
(A) the professional military education
schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service
school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and
``senior level service school'' have the meaning given
such terms in section 2151 of title 10, United States
Code.
(3) The term ``professional military education
schools'' means the schools specified in section 2162
of title 10, United States Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States
Code, is amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a
program shall be known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29,
titled ``Job Training, Employment Skills Training,
Apprenticeships, and Internships (JTEST-AI) for
Eligible Service Members''; and
(2) develop a funding plan for Skillbridge that
includes funding lines across the future-years defense
program under section 221 of title 10, United States
Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Establishment.--Not later than January 1, 2024, the
Secretary of the Army shall implement a pilot program to
expedite in-processing and out-processing at one or more
military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following
functions:
(1) Enable the remote in-processing and out-
processing of covered personnel, including by
permitting covered personnel to sign forms
electronically.
(2) Reduce the number of hours required of covered
personnel for in-processing and out-processing.
(3) Provide, to covered personnel and the commander
of a military installation concerned, electronic copies
of records related to in-processing and out-processing.
(c) Termination.--The pilot program shall terminate on
January 1st, 2027.
(d) Report.--Not later than January 1, 2026, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the pilot
program, including the recommendation of the Secretary whether
to make the pilot program permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members
of the Army and civilian employees of the Department of
the Army.
(2) The term ``in-processing'' means the
administrative activities that covered personnel
undertake pursuant to a permanent change of station.
(3) The term ``out-processing'' means the
administrative activities that covered personnel
undertake pursuant to a permanent change of station,
separation from the Army, or end of employment with the
Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO FILE
CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date
of the enactment of this Act, and not later than each January 1
thereafter through 2025, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
submit to the appropriate congressional committees a report on
members of the Armed Forces who file claims for disability
benefits.
(b) Elements.--The report under this section shall include,
for the period beginning on October 1, 2019, through the month
that ended most recently before the date of the report, the
number of members serving on active duty, disaggregated by
Armed Force, who filed a claim for disability benefits--
(1) more than 180 days before the discharge or
release of such member from active duty;
(2) between 180 and 90 days before the discharge or
release of such member from active duty;
(3) fewer than 90 days before the discharge or
release of such member from active duty;
(4) before separation and was issued a decision
letter before the discharge or release of such member
from active duty;
(5) before separation and was issued a decision
letter after the discharge or release of such member
from active duty;
(6) completed a mental health evaluation before the
discharge or release of such member from active duty;
and
(7) did not complete a mental health evaluation
before the discharge or release of such member from
active duty.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the Senate
and House of Representatives.
(2) The Committees on Veterans' Affairs of the Senate
and House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN EMPLOYEES
OF THE DEPARTMENT OF DEFENSE IN STEM.
(a) Study on Members and Civilians.--Not later than September
30, 2023, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a briefing containing the results of a study on
how to increase participation of covered individuals in
positions in the covered Armed Forces or Department of Defense
and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed
Force under the jurisdiction of the Secretary of a
military department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of
Defense.
(3) The term ``STEM'' means science, technology,
engineering, and mathematics.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF SUPPORT FOR
CHAPLAIN-LED PROGRAMS FOR MEMBERS OF THE ARMED
FORCES.
(a) In General.--Section 1789 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and
inserting ``a chaplain-led program'';
(B) by striking ``members of the armed
forces'' and all that follows through ``status
and their immediate family members,'' and
inserting ``a covered individual''; and
(C) by inserting ``, or to support the
resiliency, suicide prevention, or holistic
wellness of such covered individual'' after
``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces
and their family members'' and inserting ``a
covered individual'';
(B) by striking ``programs'' and inserting
``a program''; and
(C) by striking ``retreats and conferences''
and inserting ``a retreat or conference''; and
(3) by striking subsection (c) and inserting the
following:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active
status; or
``(3) a dependent of an individual described in
subparagraph (A) or (B).''.
(b) Annual Briefings.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for five
years, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
briefing on implementation of the amendments made by this
section. Each such briefing shall include the following:
(1) The frequency with which the Secretaries of the
military departments used the authority under such
amendments in the year preceding the date of the
briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS: EXTENSION; REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 2164 note) is amended by
striking ``four years after the date of the enactment of this
Act'' and inserting ``on July 1, 2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the conduct of the pilot
program under such section.
(2) Elements.--The report shall include a description
of--
(A) the locations at which the pilot program
is carried out;
(B) the number of students participating in
the pilot program for each academic year by
location; and
(C) the outcome measures used to gauge the
value of the pilot program to the Department of
Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended by adding at
the end the following:
``(c) Transportation of Deceased Military Member.--In the
event of a death that requires the Secretary concerned to
provide a death benefit under subchapter II of chapter 75 of
title 10, United States Code, such Secretary--
``(1) shall provide the next of kin or other
appropriate person a commercial air travel use waiver
for the transportation of deceased remains of military
member who dies outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other
appropriate person a commercial air travel use waiver
for the transportation of deceased remains of military
member who dies inside a theater of combat
operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed Forces
and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized
to be appropriated for fiscal year 2023 by section 301
and available for operation and maintenance for
Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available
only for the purpose of providing assistance to local
educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this
subsection, the term ``local educational agency'' has
the meaning given that term in section 7013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section
301 and available for operation and maintenance for
Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat.
1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to
be appropriated for fiscal year 2023 pursuant to
section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for use by the Secretary of Defense to make payments to
local educational agencies determined by the Secretary
to have higher concentrations of military dependent
students with severe disabilities.
(3) Report.--Not later than March 31, 2023, the
Secretary shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the
evaluation of the Secretary of each local educational
agency with higher concentrations of military dependent
students with severe disabilities and subsequent
determination of the amounts of impact aid each such
agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH
ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE
STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of
the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency
described in subsection (b) if, during the period between the
end of the school year preceding the fiscal year for which the
assistance is authorized and the beginning of the school year
immediately preceding that school year, the local educational
agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an
overall increase or reduction of--
(A) not less than five percent in the average
daily attendance of military dependent students
in the schools of the local educational agency;
or
(B) not less than 500 military dependent
students in average daily attendance in the
schools of the local educational agency; or
(2) is projected to have an overall increase, between
fiscal years 2023 and 2028, of not less than 500
military dependent students in average daily attendance
in the schools of the local educational agency as the
result of a signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under subsection (a) for a
fiscal year if--
(1) 20 percent or more of students enrolled in
schools of the local educational agency are military
dependent students; and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military
dependent students in schools of the local educational
agency is the result of one or more of the following:
(A) The global rebasing plan of the
Department of Defense.
(B) The official creation or activation of
one or more new military units.
(C) The realignment of forces as a result of
the base closure process.
(D) A change in the number of housing units
on a military installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the
assistance provided under subsection (a) to a local
educational agency that is eligible for such assistance
for a fiscal year shall be equal to the product
obtained by multiplying--
(A) the per-student rate determined under
paragraph (2) for that fiscal year; by
(B) the net of the overall increases and
reductions in the number of military dependent
students in schools of the local educational
agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph
(1)(A), the per-student rate for a fiscal year shall be
equal to the dollar amount obtained by dividing--
(A) the total amount of funds made available
for that fiscal year to provide assistance
under subsection (a); by
(B) the sum of the overall increases and
reductions in the number of military dependent
students in schools of all eligible local
educational agencies for that fiscal year under
that subsection.
(3) Maximum amount of assistance.--A local
educational agency may not receive more than
$15,000,000 in assistance under subsection (a) for any
fiscal year.
(d) Duration.--Assistance may not be provided under
subsection (a) after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30
of each fiscal year thereafter for which funds are made
available to carry out this section, the Secretary of Defense
shall notify each local educational agency that is eligible for
assistance under subsection (a) for that fiscal year of--
(1) the eligibility of the local educational agency
for the assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall
disburse assistance made available under subsection (a) for a
fiscal year not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (e) for that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the
Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives on the
estimated cost of providing assistance to local educational
agencies under subsection (a) through September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education
agency under subsection (f) may be used by such local
educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth
in the funding tables in division D, the amount
authorized to be appropriated in section 301 for
Operation and Maintenance, Defense-wide, Department of
Defense Education Activity, Line 390, as specified in
the corresponding funding table in section 4301, is
hereby increased by $15,000,000 for purposes of this
section.
(2) Offset.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized
to be appropriated in section 301 for Operation and
Maintenance, Defense-wide, for Washington Headquarters
Services, Line 500, as specified in the corresponding
funding table in section 4301, is hereby reduced by
$15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base
closure and realignment process conducted after the
date of the enactment of this Act under section 2687 of
title 10, United States Code, or any other similar law
enacted after that date.
(2) The term ``local educational agency'' has the
meaning given that term in section 7013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students
who are dependents of members of the Armed
Forces; and
(B) elementary and secondary school students
who are dependents of civilian employees of the
Department of Defense.
(4) The term ``State'' means each of the several
States and the District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry
out a pilot program to hire special needs inclusion
coordinators at child development centers selected by the
Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall
select the child development centers at which the pilot program
required by subsection (a) will be carried out based on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military
installation on which the center in located;
(2) the number of children with special needs
enrolled in the center; and
(3) such other considerations as the Secretary, in
consultation with the Secretaries of the military
departments, considers appropriate.
(c) Functions.--Each special needs inclusion coordinator
assigned to a child development center under the pilot program
required by subsection (a) shall--
(1) coordinate intervention and inclusion services at
the center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of
children with special needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than
March 1, 2023, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the
anticipated costs for the pilot program required by
subsection (a).
(2) Briefing on effectiveness of program.--Not later
than September 30, 2025, the Secretary of Defense shall
provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on
the pilot program required by subsection (a) that
includes--
(A) the number of special needs inclusion
coordinators hired under the pilot program;
(B) a description of any issues relating to
the retention of those coordinators;
(C) a recommendation with respect to whether
the pilot program should be made permanent or
expanded to other military installations; and
(D) an assessment of the amount of funding
required to make the pilot program permanent or
expand the pilot program to other military
installations, as the Secretary recommends
under subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by
subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the
term ``child development center'' has the meaning given that
term in section 2871(2) of title 10, United States Code, and
includes a facility identified as a child care center or day
care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to
members of the Armed Forces under the jurisdiction of such
Secretary concerned, awareness of child care assistance
available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 1791 note).
(b) Reporting.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report summarizing activities taken by such
Secretary concerned to carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in
section 101 of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall seek to convene an industry
roundtable to discuss the hiring of military spouses. Such
discussion shall include the following elements:
(1) The value of, and opportunities to, private
entities that hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military
spouses encounter in the labor market.
(4) Gaps and opportunities in the labor market for
military spouses.
(5) Best hiring practices from industry leaders in
human resources.
(6) The benefits of portable licenses and interstate
licensure compacts for military spouses.
(b) Participants.--The participants in the roundtable shall
include the following:
(1) The Under Secretary of Defense for Personnel and
Readiness.
(2) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
(3) The Director of the Defense Human Resources
Activity.
(4) Other officials of the Department of Defense the
Secretary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) Notice.--The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal
Register to encourage participation in the roundtable by
private entities and entities interested in the hiring of
military spouses.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives on the lessons learned from the
roundtable, including the recommendation of the Secretary
whether to convene the roundtable annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY
INTERSTATE CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in
consultation with States through the Defense-State Liaison
Office, shall develop recommendations to improve the Military
Interstate Children's Compact.
(b) Considerations.--In carrying out subsection (a), the
Secretaries concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a
transferring military-connected child to enroll
the child, in advance, in an elementary or
secondary school in the State in which the
child is transferring, without requiring the
parent or child to be physically present in the
State; and
(B) to the ability of a transferring
military-connected child who receives special
education services to gain access to such
services and related supports in the State to
which the child transfers within the timeframes
required under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of
families who use advanced enrollment in States
that offer advanced enrollment to military-
connected children;
(B) States clarifying in legislation that
eligibility for advanced enrollment requires
only written evidence of a permanent change of
station order, and does not require a parent of
a military-connected child to produce a rental
agreement or mortgage statement; and
(C) the Secretary of Defense, in coordination
with the Military Interstate Children's
Compact, developing a letter or other
memorandum that military families may present
to local educational agencies that outlines the
protections afforded to military-connected
children by the Military Interstate Children's
Compact; and
(3) identify any other actions that may be taken by
the States (acting together or separately) to improve
the Military Interstate Children's Compact.
(c) Report Required.--Not later than one year after the date
of the enactment of this Act, the Secretaries concerned shall
submit to the Committees on Armed Services of the Senate and
House of Representatives, and to the States, a report setting
forth the recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings
given those terms in section 101 of title 10, United
States Code.
(2) The terms ``child'', ``elementary school'',
``local educational agency'', ``secondary school'',
``parent'', and ``State'' have the meanings given those
terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``Military Interstate Children's
Compact'' means the Interstate Compact on Educational
Opportunity for Military Children as described in
Department of Defense Instruction 1342.29, dated
January 31, 2017 (or any successor to such
instruction).
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense;
and
(B) the Secretary of the department in which
the Coast Guard is operating, with respect to
matters concerning the Coast Guard when it is
not operating as a service in the Department of
the Navy.
(5) The term ``transferring military-connected
child'' means the child of a parent who--
(A) is serving on active duty in the Armed
Forces;
(B) is changing duty locations due to a
permanent change of station order; and
(C) has not yet established an ongoing
physical presence in the State to which the
parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE
ARMED FORCES FOR IN-HOME CHILD CARE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit, to the Committees on Armed
Services of the Senate and House of Representatives, a briefing
containing the assessment of the Secretary of Defense of the
feasibility, advisability, and considerations of expanding
eligibility for the pilot program under section 589 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1791 note)
to members of the Armed Forces who participate in an exchange
visitor program under section 62.31 of title 22, Code of
Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing on regulations and
rules of the Department of Defense regarding single parents
serving as members of the Armed Forces. Such briefing shall
include ways the Secretary has determined to improve such
regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information
regarding the Military Child Care in Your Neighborhood and
Military Child Care in Your Neighborhood-Plus programs,
disaggregated by State, ZIP code, and Armed Force. Such
information shall include whether each such provider is
nationally accredited or rated by the Quality Rating and
Improvement System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID
PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall brief the Committees on Armed Services of the Senate and
House of Representatives on the following:
(1) The feasibility of developing a process whereby
the commander of a military installation may certify
the information contained in impact aid source check
forms received by such commander from local educational
agencies as of the date of such certification.
(2) An estimate of resources, per military
installation concerned, necessary to implement such a
process, including personnel, information technology,
and other costs.
(3) The estimated time required to implement such a
process, including time for the Secretary of Defense to
develop guidance regarding such a process.
(4) The possible benefits of working with local
educational agencies to ensure that impact aid source
check forms are submitted appropriately to enable such
certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the
parent of a child who attends a school operated by the
Department of Defense Education Activity has parental rights as
previously established by the Activity, including the
following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or
Department of Defense Education Activity alters the
school's academic standards or learning benchmarks.
(3) The right to meet with each teacher of their
child not less than twice during each school year,
including meetings in the form of parent-teacher
conferences.
(4) The right to information about the budget of the
school.
(5) The right to request information regarding the
professional qualifications of their child's classroom
teacher.
(6) The right to address the school advisory
committee or the school board.
(7) The right to information about the school's
discipline policy, including policies related to
responding to any violent activity in the school.
(8) The right to information about any plans to
eliminate gifted and talented programs or accelerated
coursework at the school.
(9) The right to be informed of the results of
environmental testing and safety at school facilities.
(b) Report.--Not later than six months after the date of the
enactment of this Act and consistent with the parental rights
specified in subsection (a), the Director of the Department of
Defense Education Activity shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the parental rights specified in such subsection. The
report shall include, with respect to the schools operated by
the Department of Defense Education Activity, an explanation
of--
(1) how and where a parent may access information
about their rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights
and the means to access such rights; and
(4) the uniformity of parental rights across such
schools.
(c) Definition.--In this section, the term ``school operated
by the Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent
elementary or secondary school, as described in section
2164 of title 10, United States Code; or
(2) any other elementary or secondary school or
program for dependents operated by the Department of
Defense Education Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION OF
MILITARY RECORDS TO REVIEW DETERMINATIONS REGARDING
CERTAIN DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection
(k); and
(2) by inserting, after subsection (i), the following
new subsection:
``(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this
title, a board determination in favor of the claimant shall
allow such a recommendation to proceed, and an award or upgrade
to be made by the applicable award authority, without regard to
the statutory time limitation contained in section 7274,
section 8298, or section 9274 of this title, as the case may
be.''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred
McGee for Acts of Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7272 of such title to
Fred McGee for the acts of valor described in the
paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of Fred
McGee as a corporal in the Army on June 16, 1952, for
which he was previously awarded the Silver Star.
(b) Authorization for Award of the Medal of Honor to David R.
Halbruner for Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time
limitations specified in section 7274 of title 10,
United States Code, or any other time limitation with
respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award
the Medal of Honor under section 7272 of such title to
David R. Halbruner for the acts of valor described in
the paragraph (2).
(2) Acts of valor described.--The acts of valor
described in this paragraph are the actions of David R.
Halbruner as a master sergeant in the Army on September
11-12, 2012, for which he was previously awarded the
Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF
GENERAL OF THE ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the
United States, equal to the rank and precedence held by General
John J. Pershing pursuant to the Act titled ``An Act Relating
to the creation of the office of General of the Armies of the
United States'', approved September 3, 1919 (41 Stat. 283, ch.
56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE HEART.
(a) Publication of Award Criteria.--Not later than 180 days
after the date of the enactment of this Act, each Chief of an
Armed Force shall publish on a publicly available website of
such Armed Force includes a link to--
(1) a description of the background of the Purple
Heart;
(2) the eligibility criteria for awarding the Purple
Heart; and
(3) contact information for the awards and
decorations liaison of such Armed Force to facilitate
confirmation, by a veteran or a veteran's next of kin,
whether a veteran was awarded the Purple Heart after
December 31, 2002.
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall
submit to the congressional defense committees a report on
implementation of the requirements under subsection (a). The
report shall--
(1) provide background on the website described in
such subsection;
(2) include the number of requests received by the
Armed Force related to confirming the award of a Purple
Heart;
(3) describe the average response time for confirming
the award of a Purple Heart in response to an inquiry
from a veteran or next of kin; and
(4) include recommendations for decreasing the amount
of time taken to respond to such inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall
submit to Congress a report that sets forth the following with
respect to personnel:
``(1) The number of members of the Armed Forces who
are not citizens of the United States during the year
covered by such report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such
section is repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection
(d) of such section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and
(3) as paragraphs (3), (2), and (1),
respectively;
(B) by striking the heading of each such
paragraph; and
(C) by adding at the end the following new
paragraph:
``(4) The term `surface combatant vessel' means any
littoral combat ship (including the LCS-1 and LCS-2
classes), frigate (including the FFG-62 class),
destroyer (excluding the DDG-1000 class), or cruiser
(including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such
section is amended by inserting, after subsection (c), the
following new subsection (d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition;
Exception.--(1) Beginning on October 1, 2025, the Secretary of
the Navy may not assign more than one crew to a covered ship
that is a surface combatant vessel if any surface combatant
vessel was included in a notification under subsection (a)
during the 12 months preceding such assignment.
``(2) The prohibition under paragraph (1) shall not apply to
a littoral combat ship configured to conduct mine
countermeasures if the Secretary of the Navy submits to the
congressional defense committees a certification and detailed
explanation that such ship is unable to meet operational
requirements regarding mine countermeasures, determined by the
commander of a combatant command concerned, with only one
crew.''.
(d) Codification.--
(1) In general.--Such section, as amended by this
section, is transferred to chapter 825 of title 10,
United States Code, inserted after section 8226, and
redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding, after
the item relating to section 8226, the following new
item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS HILL
AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 38 U.S.C. 2409 note) is
amended by adding at the end the following new paragraph:
``(4) Authority of secretary of the army.--The
Secretary of the Army may permit NCMAF to carry out any
action authorized by this subsection without regard to
the time limitation under section 2409(b)(2)(C) of
title 38, United States Code.''.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON
NATIONAL CEMETERY.
(a) Disinterment.--Not later than September 30, 2023, the
Secretary of the Army shall disinter the remains of Andrew
Chabrol from Arlington National Cemetery.
(b) Notification.--The Secretary of the Army may not carry
out subsection (a) until after notifying the next of kin of
Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the
Secretary of the Army shall--
(1) relinquish the remains to the next of kin
described in subsection (b); or
(2) if no such next of kin responds to notification
under subsection (b), arrange for disposition of the
remains as the Secretary of the Army determines
appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish
a pilot program to promote the safe storage of personally owned
firearms.
(b) Elements.--Under the pilot program under subsection (a),
the Secretary of Defense shall furnish to members of the Armed
Forces who are participating in the pilot program at military
installations selected under subsection (e) locking devices or
firearm safes, or both, for the purpose of securing personally
owned firearms when not in use (including by directly
providing, subsidizing, or otherwise making available such
devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by
members of the Armed Forces in the pilot program under
subsection (a) shall be on a voluntary basis.
(2) Location of participants.--A member of the Armed
Forces may participate in the pilot program under
subsection (a) carried out at a military installation
selected under subsection (e) regardless of whether the
member resides at the military installation.
(d) Plan.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a plan for the implementation of the pilot
program under subsection (a).
(e) Selection of Installations.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Defense shall select not fewer than five military installations
at which to carry out the pilot program under subsection (a).
(f) Effect on Existing Policies.--Nothing in this section
shall be construed to circumvent or undermine any existing safe
storage policies, laws, or regulations on military
installations.
(g) Report.--Upon the termination under subsection (h) of the
pilot program under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a report
containing the following information:
(1) The number and type of locking devices and
firearm safes furnished to members of the Armed Forces
under the pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on
suicide prevention.
(4) Such other information as the Secretary may
determine appropriate, which shall exclude any
personally identifiable information about participants
in the pilot program.
(h) Termination.--The pilot program under subsection (a)
shall terminate on the date that is six years after the date of
the enactment of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED MILITARY
INSTALLATIONS.
(a) Determination.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
determine whether it is feasible and advisable to carry out a
pilot program to allow car sharing on more than two remote or
isolated military installations.
(b) Authority.--If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit
to the congressional defense committees a plan to carry out the
pilot program not later than 90 days after such determination.
(c) Program Elements.--To carry out a pilot program under
this section, the Secretary shall take steps including the
following:
(1) Seek to enter into an agreement with an entity
that--
(A) provides car sharing services; and
(B) is capable of serving the selected
military installations.
(2) Provide to members assigned to such military
installations the resources the Secretary determines
necessary to participate in such pilot program.
(3) Promote such pilot program to such members as the
Secretary determines.
(d) Duration.--A pilot program under this section shall
terminate two years after the Secretary commences such pilot
program.
(e) Report.--Upon the termination of a pilot program under
this section, the Secretary of Defense shall submit to the
congressional defense committees a report containing the
following information:
(1) The number of individuals who used car sharing
services offered pursuant to the pilot program.
(2) The cost to the United States of the pilot
program.
(3) An analysis of the effect of the pilot program on
mental health and community connectedness of members
described in subsection (b)(2).
(4) Other information the Secretary determines
appropriate.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given such term in
section 2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS OF
THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
briefing on the extent to which economic inflation has affected
members of the Armed Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF THE
ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting
Assistance Program of the Department of Defense shall conduct a
study on means of improving access to voting for members of the
Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director
shall submit to Congress a report on the results of the study
conducted under subsection (a). The report shall include the
following:
(1) The results of a survey, undertaken for purposes
of the study, of Voting Assistance Officers and members
of the Armed Forces overseas on means of improving
access to voting for such members, including through
the establishment of unit-level assistance mechanisms
or permanent voting assistance offices.
(2) An estimate of the costs and requirements in
connection with an expansion of the number of Voting
Assistance Officers in order to fully meet the needs of
members of the Armed Forces overseas for access to
voting.
(3) A description and assessment of various actions
to be undertaken under the Federal Voting Assistance
Program in order to increase the capabilities of the
Voting Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB
CODE.
(a) Report.--Not later than December 31, 2023, the Secretary
of Defense, in coordination with the Secretary of Homeland
Security with regards to the Coast Guard, shall conduct a
review and submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the rates of
suicides in the Armed Forces, beginning after September 11,
2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational
specialty, Navy enlisted classification or billet,
Marine Corps military occupational specialty, Air Force
specialty code, or Coast Guard rating); and
(3) whether the member was serving on active duty, in
the National Guard, or as a Reserve.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job
code to determine which military career fields have a
higher per capita suicide rate compared to--
(A) other military career fields for the same
period;
(B) the overall suicide rate for each Armed
Force for the same period;
(C) the overall suicide rate for the
Department of Defense for the same period; and
(D) the national suicide rate for the same
period.
(2) A disaggregation of suicide data by age
categories consistent with the age categories used in
the Department of Defense Annual Suicide Report.
(c) Interim Briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on the preliminary findings of the review conducted under this
section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY
SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the Department
of Defense shall conduct a review of the efforts by the
Secretary of the Navy to--
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members;
and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection
(a) shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents
of deaths by suicide, suicide attempts, and suicidal
ideation among covered members, including data
regarding whether such covered members are assigned to
sea duty or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and
respond to incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by
suicide, suicide attempts, and suicidal
ideation among members of the Navy assigned to
sea duty; and
(B) the development of a response to such
incidents.
(4) The capacity of teams providing mental health
services to covered members to respond to incidents of
suicidal ideation or suicide attempts among covered
members in the respective unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident
programs are available to covered members.
(6) Such other matters as the Inspector General
considers appropriate in connection with the prevention
of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(c) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
that includes a summary of the results of the review conducted
under subsection (a).
(d) Covered Member Defined.--In this section the term
``covered member'' means a member of the Navy assigned to sea
duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT
OF THE PROFESSIONAL MILITARY ETHIC OF THE SPACE
FORCE.
(a) Report Required.--Not later than June 1, 2023, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on officer personnel management and the development of
the professional military ethic of the Space Force.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer
development in the Space Force, including--
(A) the professional military education model
for professional education of, and continual
learning for, officers of the Space Force;
(B) the career development model for officers
of the Space Force, including key knowledge,
skills, and attributes expected of Space Force
officers at each of the company grade, field
grade, and general officer levels;
(C) desired career trajectories for Space
Force officers, including key assignments
throughout identified Space Force career tracks
and how the flexibility of the Space Force
Component proposal will be used to achieve
these desired career paths;
(D) how proposed constructive credit for
civilian education and non-military experience
in related space industry or government sectors
will align with the proposed PME and career
development models; and
(E) how the Space Force Component proposal
will enable officers to achieve joint
qualifications required for promotion to
general officer.
(2) A description of issues related to officer
accessions of the Space Force, including--
(A) the expected sources of commissioning for
officers of the Space Force, including the
desired proportions of officer assessments from
the Reserve Officer Training Corps, military
service academies, Officer Training School, and
direct commissions at each grade above O-1;
(B) the role of proposed constructive credit
for civilian education and non-military
experience in accessing officers at each grade
above O-1 and the extent to which the Space
Force plans to grant constructive credit in
determining an officer's entry grade at each
grade above O-1; and
(C) the role of targeted recruiting, as
described in the Guardian Ideal, for officer
accessions, including how it will work, how
frequently it will be used, for what positions,
and how it will fit into overall officer
accessions.
(3) A description of issues related to the
professional military ethic of the Space Force,
including--
(A) how the proposed talent management
system, career development model, PME model,
and proposed Space Force Component structure
will affect the development of a unique
military culture of the Space Force as an Armed
Force with space as a warfighting domain;
(B) the role of the professional military
ethic in the Space Force, including
expectations of commissioned officers as public
servants and military leaders;
(C) the expected role of civilian employees
of the Space Force in the development and
stewardship of the Space Force as an Armed
Force, and how such employees are distinct from
members of the Space Force;
(D) the ethical implications of creating a
force that is designed to ``partner effectively
with other space-interested entities,'' as
described in the Guardian Ideal, and how the
Space Force intends to address any ethical
conflicts arising from its desired close
partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers,
enlisted members, and civilian employees that
are described as ``unnecessary'' in the
Guardian Ideal, how and why such barriers are
unnecessary for the Space Force, and any
statutory or policy changes the Space Force
proposes to remove such barriers, including any
proposed changes to the Uniform Code of
Military Justice.
(4) Any other issues related to personnel management
and professional development of officers of the Space
Force that the Secretary of the Air Force determines
appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document
with that title, dated September 17, 2021, and issued
by the Chief of Space Operations.
(2) The term ``PME'' means professional military
education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces assigned
to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence
Agency.
Sec. 616. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex
overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs
to relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended
by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2022'' and
inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i)
of title 37, United States Code, is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2022'' and inserting ``December 31,
2023'':
(1) Section 331(h), relating to general bonus
authority for enlisted members.
(2) Section 332(g), relating to general bonus
authority for officers.
(3) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and
incentive pay authorities for officers in health
professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or
special duty pay.
(8) Section 353(i), relating to skill incentive pay
or proficiency bonus.
(9) Section 355(h), relating to retention incentives
for members qualified in critical military skills or
assigned to high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United
States Code, is amended--
(1) in paragraph (7)(E), by striking ``December 31,
2022'' and inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30,
2022'' and inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section
331(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and
inserting ``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and
inserting ``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States
Code, is amended by striking ``$50,000'' and inserting
``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code,
is amended--
(1) in subparagraph (A), by striking ``$1,000'' and
inserting ``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and
inserting ``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section
353(c)(1)(A) of title 37, United States Code, is amended by
striking ``$1,000'' and inserting ``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR SPECIAL
DUTY PAY; TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED
FORCES ASSIGNED TO ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code,
is amended by inserting ``(including a cold weather location)''
after ``location''.
(b) Travel Allowance.--
(1) Establishment.--During the period specified in
paragraph (5), the Secretary of a military department
shall reimburse an eligible member of the armed forces
for the cost of airfare for that member to travel to
the home of record of the member.
(2) Eligible members.--A member of the armed forces
is eligible for a reimbursement under paragraph (1)
if--
(A) the member is assigned to a duty location
in Alaska; and
(B) an officer in a grade above O-5 in the
chain of command of the member authorizes the
travel of the member.
(3) Treatment of time as leave.--The time during
which an eligible member is absent from duty for travel
reimbursable under paragraph (1) shall be treated as
leave for purposes of section 704 of title 10, United
States Code.
(4) Briefing required.--Not later than February 1,
2024, the Secretary shall provide to the Committees on
Armed Services of the Senate and the House of
Representatives a briefing on--
(A) the use and effectiveness of
reimbursements under paragraph (1);
(B) the calculation and use of the cost of
living allowance for a member assigned to a
duty location in Alaska; and
(C) the use of special pays and other
allowances as incentives for cold weather
proficiency or duty location.
(5) Period specified.--The period specified in this
paragraph is the period--
(A) beginning on the date of the enactment of
this Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and
carry out within the Department of the Air Force a
demonstration program to assess and improve retention on active
duty in the Air Force of rated officers described in subsection
(b).
(b) Rated Officers Described.--Rated officers described in
this subsection are rated officers serving on active duty in
the Air Force, excluding rated officers with a reserve
appointment in the Air National Guard or Air Force Reserve--
(1) whose continued service on active duty would be
in the best interest of the Department of the Air
Force, as determined by the Secretary; and
(2) who have not more than three years and not less
than one year remaining on an active duty service
obligation under section 653 of title 10, United States
Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program
required under subsection (a), the Secretary shall
offer retention incentives under subsection (d) to a
rated officer described in subsection (b) who executes
a written agreement to remain on active duty in a
regular component of the Air Force for not less than
four years after the completion of the active duty
service obligation of the officer under section 653 of
title 10, United States Code.
(2) Exception.--If the Secretary of the Air Force
determines that an assignment previously guaranteed
under subsection (d)(1) to a rated officer described in
subsection (b) cannot be fulfilled, the agreement of
the officer under paragraph (1) to remain on active
duty shall expire not later than one year after that
determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under
the demonstration program required under subsection
(a), the Secretary may offer to a rated officer
described in subsection (b) a guarantee of future
assignment locations based on the preference of the
officer.
(2) Aviation bonus.--Under the demonstration program
required under subsection (a), notwithstanding section
334(c) of title 37, United States Code, the Secretary
may pay to a rated officer described in subsection (b)
an aviation bonus not to exceed an average annual
amount of $50,000 (subject to paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may
offer to a rated officer described in subsection (b) a
combination of incentives under paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration
program required under subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing describing the use of
such demonstration program and its effects on the retention on
active duty in the Air Force of rated officers described in
subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means
an officer specified in section 9253 of title 10,
United States Code.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Air Force.
(g) Termination.--This section shall terminate on December
31, 2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF
ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States
Code, is amended--
(1) by striking ``130 percent'' both places it
appears and inserting ``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the
gross'';
(B) by striking ``; and'' and inserting ``;
or''; and
(C) by inserting at the end the following:
``(B) if the Secretary concerned determines it
appropriate (based on location, household need, or
special circumstance), the gross household income of
the member during the most recent calendar year did not
exceed an amount equal to 200 percent of the Federal
poverty guidelines of the Department of Health and
Human Services for the location of the member and the
number of individuals in the household of the member
for such year; and''.
(b) Implementation.--Not later than January 1, 2024, the
Secretary concerned (as defined in section 101 of title 37,
United States Code) shall modify the calculation of the basic
needs allowance under section 402b of title 37, United States
Code, to implement the amendments made by subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC ALLOWANCE
FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is
amended by striking ``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR HOUSING
FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE
DEPENDENT DIES WHILE RESIDING WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code,
as amended by section 612, is further amended--
(1) by redesignating subsections (m) through (p) as
subsections (n) through (q); and
(2) by inserting after subsection (l) the following
new subsection (m):
``(m) Temporary Continuation of Rate of Basic Allowance for
Members of the Armed Forces Whose Sole Dependent Dies While
Residing With the Member.--(1) Notwithstanding subsection
(a)(2) or any other section of law, the Secretary of Defense or
the Secretary of the Department in which the Coast Guard is
operating, may, after the death of the sole dependent of a
member of the armed forces, continue to pay a basic allowance
for housing to such member at the rate paid to such member on
the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless
separated by the necessity of military service
or to receive institutional care as a result of
disability or incapacitation or under such
other circumstances as the Secretary concerned
may by regulation prescribe; and
``(B) the member is not occupying a housing facility
under the jurisdiction of the Secretary concerned on
the date of the death of the sole dependent.
``(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to
occur:
``(A) The day that is one year after the date of the
death of the sole dependent.
``(B) The permanent change of station, or permanent
change of assignment with movement of personal property
and household goods under section 453(c) of this title,
of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10,
United States Code, is amended by striking ``section 403(n)''
and inserting ``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT DEPENDENTS
WHEN HOME PORT CHANGE WOULD FINANCIALLY
DISADVANTAGE MEMBER.
Subsection (p) of section 403 of title 37, United States
Code, as redesignated by section 612, is further amended in
subsection (p)--
(1) in the subsection heading, by striking ``Low-cost
and No-cost'' and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a
member who is assigned''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is
assigned to a unit that undergoes a change of home port or a
change of permanent duty station, if the Secretary concerned
determines that it would be inequitable to base the member's
entitlement to, and amount of, a basic allowance for housing on
the new home port or permanent duty station, the Secretary
concerned may--
``(i) waive the requirement to base the member's
entitlement to, and amount of, a basic allowance for
housing on the new home port or permanent duty station
member; and
``(ii) treat that member for the purposes of this
section as if the unit to which the member is assigned
did not undergo such a change.
``(B) The Secretary concerned may grant a waiver under
subparagraph (A) to not more than 100 members in a calendar
year.
``(C) Not later than March 1 of each calendar year, the
Secretary concerned shall provide a briefing to the Committees
on Armed Services of the Senate and the House of
Representatives on the use of the authority provided by
subparagraph (A) during the preceding calendar year that
includes--
``(i) the number of members granted a waiver under
subparagraph (A) during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty
station of the unit to which the member is
assigned before the change described in
subparagraph (A); and
``(III) the new home port or permanent duty
station of that unit.
``(D) This paragraph shall cease to be effective on December
31, 2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING BENEFITS
FOR CERTAIN MEMBERS ASSIGNED TO THE DEFENSE
INTELLIGENCE AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before
its repeal under section 604 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81); and
(2) is redesignated as section 431 of such title.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting,
after the item relating to section 427, the following new item:
``431. Benefits for certain members assigned to the Defense Intelligence
Agency.''.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO
TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3672; 37 U.S.C. 416 note)
is amended by striking ``September 30, 2022'' and inserting
``September 30, 2023''.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS; NOTICE TO
CERTAIN CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense
and the Secretary of the Department in which the Coast
Guard is operating may reduce the cost-of-living
allowance for a member of the Armed Forces assigned to
a duty station located outside the United States--
(A) not more than once every six months; or
(B) in connection with a permanent change of
station for such member.
(2) Increases.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating may increase the allowance described in
paragraph (1) for a member of the Armed Forces at any
time.
(b) Notice.--The Secretary of Defense shall notify the
Committees on Armed Services of the Senate and House of
Representatives not less than 180 days before modifying a table
used to calculate the living allowance described in subsection
(a).
(c) Briefing.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and House of Representatives a briefing containing--
(1) the determination of the Secretary regarding the
effects of this section on the allowance described in
subsection (a);
(2) an assessment of the representative market basket
of goods and services used to determine such allowance,
including the methodology to identify such market
basket and the frequency with which such allowance is
adjusted; and
(3) the methodology and process by which surveys
regarding such allowance are updated, including the
average response rates and the efforts undertaken to
ensure a representative sample of beneficiaries are
surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)--
(1) by redesignating the second paragraph (18) as
paragraph (21); and
(2) by adding at the end the following new
paragraphs:
``(22) Permanent change of assignment to or from a
naval vessel undergoing nuclear refueling or defueling
and any concurrent complex overhaul, even if such
assignment is within the same area as the current
assignment of the member.
``(23) Current assignment to a naval vessel entering
or exiting nuclear refueling or defueling and any
concurrent complex overhaul.''.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF THE UNIFORMED
SERVICES FOR SPOUSAL BUSINESS COSTS ARISING FROM A
PERMANENT CHANGE OF STATION.
(a) In General.--Section 453 of title 37, United States Code,
is amended, in subsection (g)--
(1) in the heading, by inserting ``or Business
Costs'' after ``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified
business costs'' after ``qualified relicensing costs'';
(3) in paragraph (2)--
(A) by inserting ``(A)'' before
``Reimbursement'';
(B) by inserting ``for qualified relicensing
costs'' after ``subsection'';
(C) by striking ``$1000'' and inserting
``$1,000''; and
(D) by adding at the end the following new
subparagraph:
``(B) Reimbursement provided to a member under this
subsection for qualified business costs may not exceed $1,000
in connection with each reassignment described in paragraph
(1).'';
(4) in paragraph (3), by inserting ``or qualified
business costs'' after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A),
by inserting ``business license, permit,''
after ``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a
business,'' before ``during'';
(ii) by inserting ``professional''
before ``license''; and
(iii) by inserting ``, or business
license or permit,'' after
``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional''
before ``license''; and
(ii) by inserting ``, or business
license or permit,'' after
``certification''; and
(6) by adding at the end the following new paragraph:
``(5) In this subsection, the term `qualified business costs'
means costs, including moving services for equipment, equipment
removal, new equipment purchases, information technology
expenses, and inspection fees, incurred by the spouse of a
member if--
``(A) the spouse owned a business during the member's
previous duty assignment and the costs result from a
movement described in paragraph (1)(B) in connection
with the member's change in duty location pursuant to
reassignment described in paragraph (1)(A); and
``(B) the costs were incurred or paid to move such
business to a new location in connection with such
reassignment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing regarding
implementation of the amendments made by subsection (a),
including--
(1) the number of times such Secretary used the
authority under such amendments; and
(2) the costs to the Federal Government arising from
such usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF
STATION.
Section 453 of title 37, United States Code, as amended by
section 622, is further amended, in subsection (g)(3), by
striking ``December 31, 2024'' and inserting ``December 31,
2029''.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR COSTS
TO RELOCATE A PET THAT ARISE FROM A PERMANENT
CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by
sections 622, and 623, is further amended by adding at the end
the following new subsection:
``(h) Reimbursement for Transportation of Pets Arising From
Certain Permanent Changes of Stations.--(1) The Secretary
concerned may reimburse a member for any cost related to the
relocation of a pet that arises from a permanent change of
station of such member within the continental United States.
Such reimbursement may not exceed $550 for each such permanent
change of station.
``(2) The Secretary concerned may reimburse a member for any
cost related to the relocation of a pet that arises from a
permanent change of station of such member to or from a duty
station located outside the continental United States. Such
reimbursement may not exceed $4,000 for each such permanent
change of station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS OF
THE ARMED FORCES WHO ATTEND A PROFESSIONAL MILITARY
EDUCATION INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by
sections 622, 623, and 624, is further amended by adding at the
end the following new subsection:
``(i) Attendance at Professional Military Education
Institution or Training Classes.--
``(1) The Secretary of the military department
concerned may authorize temporary duty status, and
travel and transportation allowances payable to a
member in such status, for a member under the
jurisdiction of such Secretary who is reassigned--
``(A) between duty stations located within
the United States;
``(B) for a period of not more than one year;
``(C) for the purpose of participating in
professional military education or training
classes,
``(D) with orders to return to the duty
station where the member maintains primary
residence and the dependents of such member
reside.
``(2) If the Secretary of the military department
concerned assigns permanent duty status to a member
described in paragraph (1), such member shall be
eligible for travel and transportation allowances
including the following:
``(A) Transportation, including mileage at
the same rate paid for a permanent change of
station.
``(B) Per diem while traveling between the
permanent duty station and professional
military education institution or training
site.
``(C) Per diem paid in the same manner and
amount as temporary lodging expenses.
``(D) Per diem equal to the amount of the
basic allowance for housing under section 403
of this title paid to a member--
``(i) in the grade of such member;
``(ii) without dependents;
``(iii) who resides in the military
housing area in which the professional
military education institution or
training site is located.
``(E) Movement of household goods in an
amount determined under applicable
regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of
1985.--Section 256(g)(2)(B)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
906(g)(2)(B)(ii)) is amended by striking ``sections 403a and
475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking
``sections 474 and 475'' and inserting
``sections 405 and 452''; and
(B) in subparagraph (B), by striking
``sections 476 and 479'' and inserting
``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and
(d) of section 453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section
481h(b)'' and inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking
``section 474(d)'' and inserting
``section 464''; and
(ii) in paragraph (3), by striking
``section 481h(d)(1)'' and inserting
``section 452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter
preceding clause (i), by striking ``section
474'' and inserting ``section 452''; and
(B) in subsection (h)(4), by striking
``section 481f'' and inserting ``section
453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections
474 and 476'' and inserting ``sections 452 and
453(c)'';
(3) in section 1175(j), by striking ``sections 474
and 476'' and inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections
474 and 476'' and inserting ``sections 452 and
453(c)'';
(5) in section 1491(d)(3), by striking ``section
495(a)(2)'' and inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking
``sections 474 and 475'' and inserting
``sections 405 and 452''; and
(B) in subparagraph (B), by striking
``sections 476 and 479'' and inserting
``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking
``section 481f(d)'' and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section
481h(b)'' and inserting ``section 451(a)''; and
(9) in section 12503--
(A) in subsection (a), in the second
sentence, by striking ``sections 206 and 495''
and inserting ``sections 206 and 435'';
(B) in subsection (b)(2)(A), by striking
``section 495'' and inserting ``section 435'';
and
(C) in subsection (c), by striking ``chapter
7'' and inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code,
is amended, in the first and third sentences, by striking
``subsection (b) of section 476'' and inserting ``section
453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code,
is amended--
(1) in subsection (a), in the third sentence, by
striking ``sections 206 and 495'' and inserting
``sections 206 and 435'';
(2) in subsection (b)(2)(A), by striking ``section
495'' and inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(f) National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002.--Section 236(f)(4)(A)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C.
3036(f)(4)(A)) is amended, in the matter preceding clause (i),
by striking ``section 474'' and inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States
Code, is amended by striking ``section 475'' and inserting
``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking
``section 476'' and inserting ``section 452'';
and
(B) in subsection (g)--
(i) in paragraph (2), in the second
sentence, by striking ``section 474''
and inserting ``section 452''; and
(ii) in paragraph (3), by striking
``section 476'' and inserting ``section
453(c)'';
(2) in section 420(b), by striking ``sections 474-
481'' and inserting ``section 452'';
(3) in section 422(a), by striking ``section 480''
and inserting ``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking
``section 476'' and inserting ``section 452'';
and
(B) in subsection (c)(1), by striking
``section 476'' and inserting ``section 452'';
(5) in section 433(b), by striking ``section
474(d)(2)(A)'' and inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section
481f'' and inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section
481h'' and inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section
481j'' and inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section
481k'' and inserting ``section 452(b)(14)'';
and
(E) in clause (v), by striking ``section
481l'' and inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section
474(a)-(d), and (f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b,
474-477, 479-481, and 414'' and inserting ``sections
402 through 403b, 405, 414, 452, and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting
``section 452(c)(2)''; and
(B) by striking ``section 475a(a)'' and
inserting ``section 452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii))
is amended by striking ``section 475'' and inserting ``section
405''.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES FOR
CERTAIN CHILD CARE COSTS INCIDENT TO A PERMANENT
CHANGE OF STATION OR ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out
a pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
(b) Travel and Transportation Allowances.--Under the pilot
program, the Secretary of Defense shall treat a designated
child care provider as an authorized traveler if child care is
not available to a member of the Armed Forces at a military
child development center at the permanent duty location of such
member not later than 30 days after the member arrives at such
location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the
Secretary of Defense may reimburse a member of the
Armed Forces for travel expenses for a designated child
care provider when--
(A) the member is reassigned, either as a
permanent change of station or permanent change
of assignment, to a new duty station;
(B) the movement of the member's dependents
is authorized at the expense of the United
States under section 451 of title 37, United
States Code, as part of the reassignment;
(C) child care is not available at a military
child development center at such duty station
not later than 30 days after the member arrives
at such duty station; and
(D) the dependent child is on the wait list
for child care at such military child
development center.
(2) Maximum amounts.--Reimbursement provided to a
member under this subsection may not exceed--
(A) $500 for a reassignment between duty
stations within the continental United States;
and
(B) $1,500 for a reassignment involving a
duty station outside of the continental United
States.
(3) Deadline.--A member may not apply for
reimbursement under this subsection later than one year
after a reassignment described in paragraph (1).
(4) Concurrent receipt prohibited.--In the event a
household contains more than one member eligible for
reimbursement under this subsection, reimbursement may
be paid to one member among such members as such
members shall jointly elect.
(d) Report.--Not later than January 1, 2027, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the pilot program,
including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) Termination.--The pilot program shall terminate on
September 30, 2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning
given such term in section 451 of title 37, United
States Code.
(2) The term ``designated child care provider'' means
an adult selected by a member of the armed forces to
provide child care to a dependent child of such member.
(3) The term ``military child development center''
has the meaning given such term in section 1800 of
title 10, United States Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--
Section 701 of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d),
(f), and (g)'' and inserting ``subsections (e) and
(f)'';
(2) in subsection (f), as redesignated by subsection
(a)(2), in the first sentence, by striking
``subsections (b), (d), and (f)'' and inserting
``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the
first sentence, by striking ``subsections (b), (d), and
(f)'' and inserting ``subsections (b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United
States Code, is amended by striking ``section
701(f)(2)'' and inserting ``section 701(e)''.
(2) Title 37.--Title 37, United States Code, is
amended--
(A) in section 501--
(i) in subsection (b)(6), by striking
``120 days of leave under section
701(f)(1)'' and inserting ``90 days of
leave under section 701(e)''; and
(ii) in subsection (h), by striking
``section 701(g)'' and inserting
``section 701(f)''; and
(B) in section 502(b), by striking ``section
701(h)'' and inserting ``section 701(g)''.
(d) Effective Date.--The amendments made by this section take
effect on January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED
FORCES TO ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code,
as amended by section 631, is further amended by striking
subsection (e) and inserting the following:
``(e)(1) The Secretary concerned, under uniform regulations
to be prescribed by the Secretary of Defense, may authorize a
member described in paragraph (2) to retain not more than 30
days of excess leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous
period of at least 120 days for which the member is
entitled to special pay under section 310(a) of title
37; or
``(ii) is assigned to a deployable ship or mobile
unit or to other duty designated for the purposes of
this section;
``(B) except for this subsection, would lose any
excess leave at the end of the fiscal year; and
``(C) receives, from the first officer in a grade
above O-6 in the chain of command of such member,
written authorization to retain such excess leave.
``(3) Excess leave retained by a member under this subsection
shall be forfeited unless used before the end of the second
fiscal year after the end of the fiscal year in which the
service or assignment described in paragraph (2)(A) terminated.
``(4) In this subsection, the term `excess leave' means leave
accrued by a member in excess of the number of days of leave
authorized to be accumulated under subsection (b).''.
(b) Transition Rule.--Leave in excess of 90 days, accumulated
by a member of the Armed Forces under section 701 of such title
before the effective date under subsection (c), is forfeited
unless--
(1) used by the member on or before September 30,
2026; or
(2) the retention of such leave is otherwise
authorized by law.
(c) Effective Date.--The amendment made by subsection (a)
takes effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code,
as amended by sections 631 and 632, is further amended by
adding at the end the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of
the armed forces diagnosed with a medical condition is allowed
convalescent leave if--
``(A) the medical or behavioral health provider of
the member--
``(i) determines that the member is not yet
fit for duty as a result of that condition; and
``(ii) recommends such leave for the member
to provide for the convalescence of the member
from that condition; and
``(B) the commanding officer of the member or the
commander of the military medical treatment facility
authorizes such leave for the member.
``(2) A member may take not more than 30 days of convalescent
leave under paragraph (1) with respect to a condition described
in that paragraph unless--
``(A) such leave in excess of 30 days is authorized
by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated
by the Secretary concerned, but not below the
grade of O-5 or the civilian equivalent; or
``(B) the member is authorized to receive
convalescent leave under subsection (h)(3) in
conjunction with the birth of a child.
``(3)(A) Convalescent leave may be authorized under paragraph
(1) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.
``(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that
paragraph, the commanding officer of the member or the
commander of the military medical treatment facility, as the
case may be, shall--
``(i) limit the duration of such leave to the minimum
necessary in relation to the diagnosis, prognosis, and
probable final disposition of the condition of the
member; and
``(ii) authorize leave tailored to the specific
medical needs of the member rather than (except for
convalescent leave provided for under subsection
(h)(3)) authorizing leave based on a predetermined
formula.
``(4) A member taking convalescent leave under paragraph (1)
shall not have the member's leave account reduced as a result
of taking such leave.
``(5) In this subsection, the term `military medical
treatment facility' means a facility described in subsection
(b), (c), or (d) of section 1073d of this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--
Paragraph (4) of subsection (h) of such section, as
redesignated by section 632, is amended--
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new
subparagraph:
``(B) Convalescent leave may be authorized under subparagraph
(A) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent
to the next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an
agreement with an entity to carry out subparagraph (A),
the Secretary concerned may, at the request of the
person described in such subparagraph, pursue a claim
against such entity that arises from the failure of
such entity to substantially perform such subparagraph.
``(C) If an entity described in subparagraph (B)
fails to substantially perform subparagraph (A) by
damaging, losing, or destroying the personal effects of
a decedent, the Secretary concerned shall reimburse the
person designated under subsection (c) the greater of
$1,000 or the fair market value of such damage, loss,
or destruction. The Secretary concerned may request,
from the person designated under subsection (c), proof
of fair market value and ownership of the personal
effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense
may, to support recruitment and retention initiatives, charge a
child care employee, whose child attends a military child
development center, a reduced fee for such attendance.''.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in
Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor
Benefit Plan during the open season described in
subsection (e).
(2) Eligible retired or former members.--For purposes
of paragraph (1), an eligible retired or former member
is a member or former member of the uniformed services
who, on or before the day before the first day of the
open season described in subsection (e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under
chapter 1223 of title 10, United States Code
(or chapter 67 of such title as in effect
before October 5, 1994), but for the fact that
such member or former member is under 60 years
of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an
election under paragraph (1) by reason of
eligibility under paragraph (2)(A) shall be
treated for all purposes as providing a
standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person
making an election under paragraph (1) by
reason of eligibility under paragraph (2)(B)
shall be treated for all purposes as providing
a reserve-component annuity under the Survivor
Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of
Defense shall prescribe in regulations premiums
that a person who makes an election under
paragraph (1) shall be required to pay for
participating in the Survivor Benefit Plan
pursuant to the election.
(B) Amount of premiums.--The total amount of
the premiums to be paid by a person under the
regulations prescribed under subparagraph (A)
shall be equal to the sum of--
(i) the total amount by which the
retired pay of the person would have
been reduced before the effective date
of the election under subsection (d) if
the person had elected to participate
in the Survivor Benefit Plan (for the
same base amount specified in the
election) at the first opportunity that
was afforded the person to participate
under chapter 73 of title 10, United
States Code;
(ii) interest on the amount by which
the retired pay of the person would
have been so reduced, computed from the
date on which the retired pay would
have been so reduced at such rate or
rates and according to such methodology
as the Secretary determines reasonable;
and
(iii) any additional amount that the
Secretary determines necessary to
protect the actuarial soundness of the
Department of Defense Military
Retirement Fund against any increased
risk for the fund that is associated
with the election.
(C) Premiums to be credited to retirement
fund.--Premiums paid under the regulations
prescribed under subparagraph (A) shall be
credited to the Department of Defense Military
Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor
Benefit Plan.--
(1) Election of to discontinue sbp participation.--A
person participating in the Survivor Benefit Plan on
the day before the first day of the open season
described in subsection (e) may elect to discontinue
such participation during the open season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in
subparagraph (B), a person described in
paragraph (1) may not make an election under
that paragraph without the concurrence of--
(i) each designated beneficiary of
such person under the Survivor Benefit
Plan; and
(ii) the spouse of such person, if
such person is married.
(B) Exception when beneficiary unavailable.--
A person may make an election under paragraph
(1) without a concurrence required under
subparagraph (2) if the person establishes to
the satisfaction of the Secretary concerned--
(i) that the whereabouts of the
spouse or beneficiary, as the case may
be, cannot be determined; or
(ii) that, due to exceptional
circumstances, requiring the person to
seek the consent of the spouse or
beneficiary, as the case may be, would
otherwise be inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As
of the effective date under subsection (d) of
an election by a person under paragraph (1),
the Secretary concerned shall discontinue the
reduction being made in the retired pay of the
person arising from participation in the
Survivor Benefit Plan or, in the case of a
person who has been required to make deposits
in the Treasury on account of participation in
the Survivor Benefit Plan, that person may
discontinue making such deposits effective on
such effective date.
(B) Treatment of previous reductions.--A
person who makes an election under paragraph
(1) is not entitled to a refund of any
reduction or deposit described in subparagraph
(A) made before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or
(b) shall be made in writing, signed by the person
making the election, and received by the Secretary
concerned before the end of the open season described
in subsection (e).
(2) Conditions.--Except as provided in paragraph (3),
an election under subsection (a) shall be made subject
to the same conditions, and with the same opportunities
for designation of beneficiaries and specification of
base amount, that apply under the Survivor Benefit
Plan.
(3) Election must be voluntary.--An election under
subsection (a) or (b) is not effective unless the
person making the election declares the election to be
voluntary. An election under subsection (a) or (b) to
participate or not to participate in the Survivor
Benefit Plan may not be required by any court. An
election by a person under subsection (a) to
participate in the Survivor Benefit Plan is not subject
to the concurrence of a spouse or former spouse of the
person.
(4) Designation with respect to reserve-component
annuity.--A person making an election under subsection
(a) to provide a reserve-component annuity shall make a
designation described in section 1448(e) of title 10,
United States Code.
(d) Effective Date for Elections.--An election under
subsection (a) or (b) shall be effective on the first day of
the first calendar month following the month in which the
election is received by the Secretary concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment
of this Act and ending on January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The
provisions of sections 1449, 1453, and 1454 of title 10, United
States Code, are applicable to a person making an election, and
to an election, under subsection (a) or (b) in the same manner
as if the election were made under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component
annuity'', and ``standard annuity'' have the meanings
given those terms in section 1447 of title 10, United
States Code.
(2) The term ``Department of Defense Military
Retirement Fund'' means the fund established under
section 1461(a) of title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in
section 101 of title 37, United States Code.
(5) The term ``Survivor Benefit Plan'' means the
program established under subchapter II of chapter 73
of title 10, United States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE: BRIEFING.
(a) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a briefing regarding child
care at military installations of the covered Armed Forces--
(1) that are not served by a military child
development center; or
(2) where the military child development center has
few available spots.
(b) Elements.--The briefing under subsection (a) shall
include the following elements:
(1) With regards to each military installation
described in such subsection:
(A) The current and maximum possible
enrollment at the military child development
center (if one exists).
(B) Plans of the Secretary to expand an
existing, or construct a new, military child
development center.
(C) The resulting capacity of each military
child development center described in
subparagraph (B).
(D) The median cost of services at accredited
child care facilities located near such
military installation compared to the amount of
assistance provided by the Secretary of the
military department concerned to members for
child care services.
(2) Any policy recommendations of the Secretary of
Defense--
(A) to address the rising cost of child care
near military installations; and
(B) regarding the rates of child care fee
assistance provided to members of the covered
Armed Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the
following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center''
has the meaning given such term in section 1800 of
title 10, United States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA COLLECTION;
TRAINING; REPORT.
(a) Data Collection.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Personnel and Readiness, in coordination with the Under
Secretary for Food, Nutrition, and Consumer Services of the
Department of Agriculture, shall--
(1) develop a survey, in collaboration with the
Department of Agriculture, to determine how many
members of the Armed Forces serving on active duty, and
dependents of such members, are food insecure;
(2) issue the survey to such members and dependents;
(3) collect data related to the number of such
members and dependents who--
(A) are eligible for the basic needs
allowance under section 402b of title 37,
United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members
and dependents, of Federal nutrition assistance
programs, including--
(i) the supplemental nutrition
assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(ii) the special supplemental
nutrition program for women, infants,
and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C.
1786); and
(iii) the school lunch program under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), and
the school breakfast program under
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and
designate an individual who will assist members at
military installations on how and where to refer such
members and their dependents for participation in
Federal nutrition assistance programs described in
paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense
to address food insecurity and nutrition.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four
subsequent years, the Under Secretary of Defense for Personnel
& Readiness shall submit to the congressional defense
committees, the Committees on Agriculture and Education and
Labor of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, a report
including the following:
(1) The number of members of the Armed Forces serving
on active duty and their dependents who are food
insecure.
(2) The number of such members and their dependents
who use the Federal nutrition assistance programs
described in subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under
subsection (a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE XINJIANG
UYGHUR AUTONOMOUS REGION IN COMMISSARIES AND
EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited
``(a) Prohibition.--The Secretary of Defense may not
knowingly permit the sale, at a commissary store or military
exchange, of any good, ware, article, or merchandise--
``(1) containing any product mined, produced, or
manufactured, wholly or in part, by forced labor from
the XUAR; or
``(2) from an entity that has used labor from within
or transferred from XUAR as part of a `poverty
alleviation' or `pairing assistance' program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or
service that is exacted from any person under the
menace of any penalty for nonperformance and that the
worker does not offer to perform.
``(2) The term `XUAR' means the Xinjiang Uyghur
Autonomous Region of the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) In General.--The Secretary of Defense shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and
analysis on the value of basic pay for members of the Armed
Forces. The Secretary may include such research and analysis in
the next quadrennial review of military compensation.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the model used to determine the
basic pay in the current basic pay tables, including--
(A) an analysis of whether to update the
current model to meet the needs of the 2023
employment market;
(B) a historical understanding of when the
current model was established and how
frequently it has been during the last 10
years;
(C) an understanding of the assumptions on
which the model is based and how such
assumptions are validated;
(D) an analysis of time-in-grade requirements
and how they may affect retention and
promotion; and
(E) an assessment of how recruiting and
retention information is used to adjust the
model.
(2) An assessment of whether to modify current basic
pay tables to consider higher rates of pay for
specialties the Secretary determines are in critical
need of personnel.
(3) An analysis of--
(A) how basic pay has compared with civilian
pay since the 70th percentile benchmark for
basic pay was established; and
(B) whether to change the 70th percentile
benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic
pay, currently guided by changes in the
Employment Cost Index as a measure of the
growth in private-sector employment costs; or
(B) to use a different index, such as the
Defense Employment Cost Index.
(5) Legislative and policy recommendations regarding
basic pay table based on analyses and assessments under
paragraphs (1) through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023,
the Secretary shall provide to the appropriate
congressional committees an interim briefing on the
elements described in subsection (b).
(2) Progress report.--Not later than one year after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional
committees a progress report on the study under this
section.
(3) Final briefing.--Not later than two years after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional
committees a final briefing on the study under this
section.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on BAH. Such report shall contain the following
elements:
(1) The evaluation of the Secretary--
(A) of the efficiency and accuracy of the
current system used to calculate BAH;
(B) the appropriateness of using mean and
median housing costs in such calculation;
(C) of existing MHAs, in relation to choices
in, and availability of, housing to
servicemembers;
(D) of the suitability of the six standard
housing profiles in relation to the average
family sizes of servicemembers, disaggregated
by uniformed service, rank, and MHA;
(E) of the flexibility of BAH to respond to
changes in real estate markets; and
(F) of residential real estate processes to
determine rental rates.
(2) The recommendation of the Secretary--
(A) regarding the feasibility of including
information, furnished by Federal entities,
regarding school districts, in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the
housing market;
(C) whether to enter into an agreement with a
covered entity, to compile data and develop an
enterprise grade, objective, data-driven
algorithm to calculate BAH;
(D) whether to publish the methods used by
the Secretary to calculate BAH on a publicly
accessible website of the Department of
Defense; and
(E) whether BAH calculations appropriately
account for increased housing costs associated
with Coast Guard facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for
housing for members of the uniformed services under
section 403 of title 37, United States Code.
(2) The term ``covered entity'' means a nationally
recognized entity in the field of commercial real
estate that has data on local rental rates in real
estate markets across the United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given
such term in section 101 of the Servicemembers Civil
Relief Act (50 U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report--
(1) reviewing the adequacy of the amounts of
dislocation and relocation allowances paid under
section 452 of title 37, United States Code, to members
of the covered Armed Forces, in connection with changes
in such members' temporary or permanent duty assignment
locations, taking into consideration the rising costs
of moving, challenges in the housing market, and other
expenses incurred by such members;
(2) assessing the effects of delays in the issuance
of orders relating to changes to temporary or permanent
duty assignment locations on the timing of dislocation
and relocation allowances paid to members of the
covered Armed Forces;
(3) assessing the feasibility and advisability of
paying dislocation or relocation allowances to members
of the covered Armed Forces who are permanently
assigned from one unit to another with no change of
permanent duty station when the units are within the
same metropolitan area; and
(4) making recommendations with respect to the
matters described in paragraphs (1), (2), and (3).
(b) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Marine Corps,
Air Force, and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) Briefing.--Not later than six months after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a briefing regarding the feasibility
and advisability of establishing complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term
``complex overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed
under section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to
a naval vessel undergoing nuclear refueling or
defueling, and any concurrent complex overhaul;
(3) in addition to any other pay or allowance to
which a member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense
shall, for each geographic area in which the Secretary
of a military department operates a military child
development center, conduct a study--
(A) comparing the total compensation,
including all pay and benefits, of child care
employees of each military child development
center in the geographic area to the total
compensation of similarly credentialed
employees in such geographic area; and
(B) estimating the difference in average pay
and the difference in average benefits between
such child care employees.
(2) Schedule.--The Secretary of Defense shall
complete the studies required under paragraph (1)--
(A) for the geographic areas containing the
military installations with the 25 longest wait
lists for child care services at military child
development centers, not later than one year
after the date of the enactment of this Act;
and
(B) for geographic areas other than
geographic areas described in subparagraph (A),
not later than two years after the date of the
enactment of this Act.
(3) Reports.--
(A) Interim report.--Not later than one year
after the date of the enactment of this Act,
the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and
House of Representatives a report summarizing
the results of the studies required under
paragraph (1) that have been completed as of
the date of the submission of such report.
(B) Final report.--Not later than 120 days
after the completion of all the studies
required under paragraph (1), the Secretary
shall submit to the Committees on Armed
Services of the Senate and House of
Representatives a report summarizing the
results of such studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an
employer;
(C) education benefits, including tuition
reimbursement and student loan repayment; and
(D) any other compensation an employer
provides to an employee for service performed
as an employee (other than pay), as determined
appropriate by the Secretary of Defense.
(2) The terms ``child care employee'' and ``military
child development center'' have the meanings given such
terms in section 1800 of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay
of an employee and any additional payments an employer
pays to an employee for service performed as an
employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED FORCES:
STUDY; REPORT.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center or non-profit entity to conduct a study on
the unique barriers to home ownership for members of the Armed
Forces.
(b) Report.--At the conclusion of the study under subsection
(a), the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the results of such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health
System Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee.
Sec. 734. Termination of veterans' advisory board on radiation dose
reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available
under military health system.
Sec. 738. Certification program in provision of mental health services
to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department
of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end
strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers.
Sec. 743. Updates to prior feasibility studies on establishment of new
command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military
department and related matters.
Sec. 747. Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members of
the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting
the following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new
paragraph:
``(2) Premium sharing plans.--Effective as of January
1, 2026, the regulations prescribed pursuant to
paragraph (1) shall include, with respect to premium
sharing plans referred to in subsection (d)(1), the
following elements:
``(A) A third party administrator shall
manage the administrative features of such
plans, including eligibility, enrollment, plan
change and premium payment processes,
submission of qualifying life events changes,
and address changes.
``(B) Such plans shall include the following
three enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent
practicable, individuals eligible to enroll in
such a plan shall be offered options to enroll
in plans of not fewer than two and not more
than four dental insurance carriers.
``(D) To the extent practicable, each carrier
described in subparagraph (C)--
``(i) shall manage dental care
delivery matters, including claims
adjudication (with required electronic
submission of claims), coordination of
benefits, covered services, enrollment
verification, and provider networks;
``(ii) shall, in addition to offering
a standard option plan, offer a non-
standard option plan;
``(iii) may offer a non-standard
option plan managed as a dental health
maintenance organization plan;
``(iv) shall establish and operate
dental provider networks that provide--
``(I) accessible care with a
prevention or wellness focus;
``(II) continuity of care;
``(III) coordinated care
(including appropriate dental
and medical referrals);
``(IV) patient-centered care
(including effective
communications, individualized
care, and shared decision-
making); and
``(V) high-quality, safe
care;
``(v) shall develop and implement
adult and pediatric dental quality
measures, including effective
measurements for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient
events;
``(V) oral health outcomes;
and
``(VI) patient experience;
and
``(vi) may conduct in the provider
networks established and operated by
the carrier under clause (iv), to the
extent practicable, pilot programs on
the development of a model of care
based on the model of care commonly
referred to as patient-centered dental
homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The
member's'' and inserting ``During the period
preceding January 1, 2026, the member's'';
(B) in subparagraph (C), by striking ``of
each year,'' and inserting ``of each year
during the period preceding January 1, 2026,'';
(C) in subparagraph (D), by striking ``The
Secretary of Defense'' and inserting ``During
the period preceding January 1, 2026, the
Secretary of Defense''; and
(D) by adding at the end the following new
subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the
premium required under subparagraph (A)--
``(i) for standard option plans, shall be
established by the Secretary annually such that
in the aggregate (taking into account the
adjustments under subparagraph (F) and
subsection (e)(3), the Secretary's share of
each premium is 60 percent of the premium for
each enrollment category (self, self plus one,
and family, respectively) of each standard
option plan; and
``(ii) for non-standard option plans, shall
be equal to the amount determined under clause
(i) plus 100 percent of the additional premium
amount applicable to such non-standard option
plan.
``(F) Beginning on January 1, 2026, the Secretary of
Defense shall reduce the monthly premium required to be
paid under paragraph (1) in the case of enlisted
members in pay grade E-1, E-2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the
following new paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense
shall reduce copayments required to be paid under paragraph (1)
in the case of enlisted members in pay grade E-1, E-2, E-3, or
E-4.'';
(4) in subsection (j), by striking ``The Secretary of
Defense may not reduce benefits provided under a plan
established under this section until'' and inserting
``During the period preceding January 1, 2026, the
Secretary of Defense may not reduce benefits provided
under a plan established under this section, and on or
after January 1, 2026, the Secretary may not reduce
benefits provided under a standard option plan under
this section, until''; and
(5) by adding at the end the following new
subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a
high option dental insurance plan that includes covered
services in addition to, or provides greater coverage
with respect to, services covered under a standard
option plan.
``(2) The term `standard option plan' means a dental
insurance plan that provides for the coverage of
preventive services, basic restorative services, and
specialty dental care services at a level that is at
least commensurate with the coverage of the same
services provided under the premium sharing plans under
this section during the period preceding January 1,
2026.''.
(b) Rulemaking.--Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by
subsection (a), the Secretary of Defense shall--
(1) not later than January 1, 2025, prescribe an
interim final rule to carry out the amendments made by
subsection (a); and
(2) after prescribing the interim final rule under
subparagraph (A) and considering public comments with
respect to such interim final rule, prescribe a final
rule, effective on January 1, 2026, to carry out such
amendments.
(c) Briefings.--Not later than January 1 of each of 2024,
2025, and 2026, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the status of the implementation
of the amendments made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD FOLLOWING
REQUIRED TRAINING OR OTHER DUTY TO RESPOND TO A
NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section
1145 of title 10, United States Code, is amended by adding at
the end the following new subparagraph:
``(G) A member of the National Guard who is separated
from full-time National Guard Duty to which called or
ordered under section 502(f) of title 32 for a period
of active service of more than 30 days to perform
duties that are authorized by the President or the
Secretary of Defense for the purpose of responding to a
national emergency declared by Congress or the
President and supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``active duty''
and inserting ``active service'';
(B) in paragraph (3), by striking ``paragraph
(2)(B)'' and inserting ``subparagraph (B) or
(G) of paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each
place it appears and inserting ``active
service''; and
(ii) in the second sentence, by
striking ``or (D)'' and inserting
``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A)
and (B), by striking ``active duty'' each place
it appears and inserting ``active service'';
and
(E) in paragraph (7)(A)--
(i) by striking ``service on active
duty'' and inserting ``active
service''; and
(ii) by striking ``active duty for''
and inserting ``active service for'';
(2) in subsection (b)(1), by striking ``active duty''
and inserting ``active service''; and
(3) in subsection (d)(1)(A), by striking ``active
duty'' and inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE
PRIME DURING PERMANENT CHANGES OF STATION.
(a) In General.--Section 714 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 1095f note) is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Improvement of Specialty Care Referrals During
Permanent Changes of Station.--In conducting evaluations and
improvements under subsection (d) to the referral process
described in subsection (a), the Secretary shall ensure
beneficiaries enrolled in TRICARE Prime who are undergoing a
permanent change of station receive referrals from their
primary care manager to such specialty care providers in the
new location as the beneficiary may need before undergoing the
permanent change of station.''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the contractual and technical
barriers preventing record sharing between civilian provider
networks under the TRICARE program that lead to increased wait
times for care for members of the Armed Forces and the
dependents thereof undergoing permanent changes of station
across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES
FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of
eliminating stigma in obtaining mental health care services and
further encouraging help-seeking behavior by members of the
Armed Forces, not later than July 1, 2023, the Secretary of
Defense shall--
(1) update and reissue Department of Defense
Instruction 6490.08, titled ``Command Notification
Requirements to Dispel Stigma in Providing Mental
Health Care to Service Members'' and issued on August
17, 2011, taking into account--
(A) experience implementing the Instruction;
and
(B) opportunities to more effectively dispel
stigma in obtaining mental health care services
and encourage help-seeking behavior; and
(2) develop standards within the Department of
Defense that--
(A) ensure, except in a case in which there
is an exigent circumstance, the confidentiality
of mental health care services provided to
members who voluntarily seek such services;
(B) include a model for making determinations
with respect to exigent circumstances that
clarifies the responsibilities regarding the
determination of the effect on military
function and the prevention of self-harm by the
individual; and
(C) in a case in which there is an exigent
circumstance, prevent health care providers
from disclosing more than the minimum amount of
information necessary to address the exigent
circumstance.
(b) Elements.--The standards required by subsection (a)(2)
shall include the following elements:
(1) Requirements for confidentiality regarding the
request and receipt by a member of the Armed Forces of
mental health care services under the self-initiated
referral process under section 1090a(e) of title 10,
United States Code.
(2) Requirements for confidentiality regarding the
results of any drug testing incident to such mental
health care services.
(3) Procedures that reflect best practices of the
mental health profession with respect to suicide
prevention.
(4) A prohibition against retaliating against a
member of the Armed Forces who requests mental health
care services.
(5) Such other elements as the Secretary determines
will most effectively support the policies of--
(A) eliminating stigma in obtaining mental
health care services; and
(B) encouraging help-seeking behavior by
members of the Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the
Secretary of Defense and the Secretary of Veterans
Affairs shall issue a joint policy that provides,
except in a case in which there is an exigent
circumstance, for the confidentiality of mental health
care services provided by the Secretary of Veterans
Affairs to members of the Armed Forces, including the
reserve components, under section 1712A, 1720F, 1720H,
or 1789 of title 38, United States Code, or other
applicable law.
(2) Elements.--The joint policy issued under
paragraph (1) shall, to the extent practicable, include
standards comparable to the standards developed under
subsection (a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a copy of the standards
developed under subsection (a)(2) and the joint policy issued
under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term
``exigent circumstance'' means a circumstance in which the
Secretary of Defense determines the need to prevent serious
harm to an individual or essential military function clearly
outweighs the need for confidentiality of information obtained
by a health care provider incident to mental health care
services voluntarily sought by a member of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED IN
TRICARE DIRECTORY.
(a) Audit Required.--The Comptroller General of the United
States shall conduct an audit of the behavioral health care
providers listed in the TRICARE directory.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the findings of the
audit under subsection (a). Such report shall include the
following:
(1) An identification of the following, disaggregated
by provider specialty and TRICARE provider network
region:
(A) The number of such behavioral health care
providers with respect to which there are
duplicate listings in the TRICARE directory.
(B) The number of such behavioral health care
providers that, as of the commencement of the
audit, were listed in the TRICARE directory as
available and accepting new TRICARE patients.
(C) The number of such behavioral health care
providers that, as a result of the audit, the
Comptroller General determines are no longer
available or accepting new TRICARE patients.
(D) The number of such behavioral health care
providers that were not previously listed in
the TRICARE directory as available and
accepting new TRICARE patients but that, as a
result of the audit, the Comptroller General
determines are so available and accepting.
(E) The number of behavioral health care
providers listed in the TRICARE directory that
are no longer practicing.
(F) The number of behavioral health care
providers that, in conducting the audit, the
Comptroller General could not reach for
purposes of verifying information relating to
availability or status.
(2) An identification of the number of TRICARE
beneficiaries in each TRICARE region, disaggregated by
beneficiary category.
(3) A description of the methods by which the
Secretary of Defense measures the following:
(A) The accessibility and accuracy of the
TRICARE directory, with respect to behavioral
health care providers listed therein.
(B) The adequacy of behavioral health care
providers under the TRICARE program.
(4) A description of the efforts of the Secretary of
Defense to recruit and retain behavioral health care
providers.
(5) Recommendations by the Comptroller General, based
on the findings of the audit, on how to improve the
availability of behavioral health care providers that
are network providers under the TRICARE program,
including through the inclusion of specific
requirements in the next generation of TRICARE
contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the
directory of network providers under the TRICARE
program.
(2) The term ``TRICARE program'' has the meaning
given such term in section 1072 of title 10, United
States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY REVIEW
PROCESS UNDER DIRECT CARE COMPONENT OF TRICARE
PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek
to enter into an agreement with a federally funded
research and development center for the federally
funded research and development center to carry out the
activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into
the agreement described in paragraph (1) not later
October 1, 2023.
(b) Analysis by FFRDC.--
(1) Analysis.--Under an agreement between the
Secretary and a federally funded research and
development center entered into pursuant to subsection
(a), the federally funded research and development
center shall conduct an analysis of the quality and
patient safety review process for health care provided
under the direct care component of the TRICARE program
and develop recommendations for the Secretary based on
such analysis.
(2) Elements.--The analysis conducted and
recommendations developed under paragraph (1) shall
include, with respect to the direct care component of
the TRICARE program, an assessment of the following:
(A) The procedures under such component
regarding credentialing and privileging for
health care providers (and an assessment of
compliance with such procedures).
(B) The processes under such component for
quality assurance, standard of care, and
incident review (and an assessment of
compliance with such processes).
(C) The accountability processes under such
component for health care providers who are
found to have not met a required standard of
care.
(D) The transparency activities carried out
under such component, including an assessment
of the publication of clinical quality metrics
(at the level of military medical treatment
facilities and other operational medical units
of the Department of Defense), and a comparison
with similar metrics for non-Department health
care entities.
(E) The standardization activities carried
under such component, including activities
aimed at eliminating unwarranted variation in
clinical quality metrics at the level of
military medical treatment facilities and other
operational medical units of the Department.
(F) The implementation under such component
of the requirements of section 744 of the
National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3708;
10 U.S.C. 1071 note), including with respect to
health care delivery on ships and planes, in
deployed settings, and in all other
circumstances outside of military medical
treatment facilities.
(G) The organizational roles and
responsibilities of military health system
entities involved in clinical quality
management functions under such component,
including the Assistant Secretary of Defense
for Health Affairs, the Director of the Defense
Health Agency, and the Surgeons General of the
Army, Navy, and Air Force, each of whom shall
conduct and submit to the federally funded
research and development center an internal
assessment of the respective entity regarding
each element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding
section 1102 of title 10, United States Code,
the Secretary shall provide the federally
funded research and development center with
access to such records of the Department of
Defense as the Secretary may determine
necessary for purposes of the federally funded
research and development center conducting the
analysis and developing the recommendations
under paragraph (1).
(B) Privacy of information.--In conducting
the analysis and developing the recommendations
under paragraph (1), the federally funded
research and development center--
(i) shall maintain any personally
identifiable information in records
accessed by the federally funded
research and development center
pursuant to subparagraph (A) in
accordance with applicable laws,
protections, and best practices
regarding the privacy of information;
and
(ii) may not permit access to such
information by any individual or entity
not engaged in conducting such analysis
or developing such recommendations.
(c) Briefing and Reports.--
(1) Interim briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate an interim
briefing on--
(A) the selection of a federally funded
research and development center with which the
Secretary shall seek to enter into an agreement
with under subsection (a);
(B) any related guidance issued by the
Secretary; and
(C) the methodology for conducting the study
to be used by such federally funded research
and development center.
(2) Report to secretary.--Under an agreement entered
into between the Secretary and a federally funded
research and development center under subsection (a),
the federally funded research and development center,
not later than one year after the date of the execution
of the agreement, shall submit to the Secretary a
report on the findings of the federally funded research
and development center with respect to the analysis
conducted and recommendations developed under
subsection (b).
(3) Report to congress.--Not later than 120 days
after the date on which the Secretary receives the
report of the federally funded research and development
center under paragraph (1), the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate such report, along with
an assessment by the Secretary of the analysis,
findings, and recommendations contained therein and the
plan of the Secretary for strengthening clinical
quality management in the military health system.
(4) Publication.--The Secretary shall make the report
under paragraph (2) available on a public website in
unclassified form.
(d) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in section
1072 of title 10, United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT AND
TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED
RESERVE AND DEPENDENTS THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on
the feasibility, potential cost effects to the budget of the
Department of Defense, changes in out-of-pocket costs to
beneficiaries, and effects on other Federal programs of
expanding eligibility for TRICARE Reserve Select and the
TRICARE dental program to include all members of the Selected
Reserve of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-dependent
children thereof under the age of 26.
(b) Specifications.--If the Secretary conducts the study
under subsection (a), the Secretary shall include in the study
an assessment of the following:
(1) Cost-shifting to the Department of Defense to
support the expansion of TRICARE Reserve Select and the
TRICARE dental program from--
(A) health benefit plans under chapter 89 of
title 5, United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care
exchange; and
(E) the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et
seq.).
(2) New costs for the Department of Defense to enroll
in TRICARE Reserve Select and the TRICARE dental
program members of the Selected Reserve of the Ready
Reserve of a reserve component of the Armed Forces who
were previously uninsured.
(3) The resources needed to implement TRICARE Reserve
Select and the TRICARE dental program for all such
members, the dependents thereof, and the non-dependent
children thereof under the age of 26.
(4) Cost-savings, if any, resulting from the
expansion of TRICARE Reserve Select and the TRICARE
dental program with regard to increased training days
performed in support of mass medical events during
battle assemblies of the reserve components, including
an assessment of the impact of such expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve
components to backfill medical fallouts at
mobilization sites; and
(F) any other readiness metrics affected by
such expansion.
(5) Any effect of such expansion on recruitment and
retention of members of the Armed Forces, including
members of the Ready Reserve of the reserve components
of the Armed Forces.
(6) Cost-savings, if any, in contracts that implement
the Reserve Health Readiness Program of the Department
of Defense.
(c) Determination of Cost Effects.--If the Secretary conducts
the study under subsection (a), the Secretary shall include in
such study an assessment of the potential cost effects to the
budget of the Department of Defense for scenarios of expanded
eligibility for TRICARE Reserve Select and the TRICARE dental
program as follows:
(1) Premium free for members of the Selected Reserve
of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-
dependent children thereof under the age of 26.
(2) Premium free for such members and subsidized
premiums for such dependents and non-dependent
children.
(3) Subsidized premiums for such members, dependents,
and non-dependent children.
(d) Use of a Federally Funded Research and Development
Center.--The Secretary may enter into a contract with a
federally funded research and development center the Secretary
determines is qualified and appropriate to conduct the study
under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study
under subsection (a), not later than one year after the
date of the enactment of this Act, the Secretary shall
provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on
the methodology and approach of the study.
(2) Report.--If the Secretary conducts the study
under subsection (a), not later than two years after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental
benefits under section 1076a of title 10, United States
Code.
(2) The term ``TRICARE Reserve Select'' means health
benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE PROGRAM
AND OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on certain contracts relating to the
TRICARE program and the oversight provided by the Director of
the Defense Health Agency with respect to such contracts.
(b) Matters.--The study under subsection (a) shall include an
assessment of the following:
(1) TRICARE managed care support contracts.--With
respect to TRICARE managed care support contracts
(including the TRICARE managed care support contract
for which the Director of the Defense Health Agency
published a request for proposals on April 15, 2021,
commonly referred to as ``T-5''), the process used in
awarding such contracts.
(2) Other contracts.--With respect to each contract
relating to the TRICARE program other than a contract
specified in paragraph (1) entered into by the Director
of the Defense Health Agency during the period
beginning on October 1, 2017, and ending on September
30, 2022, where the value of such contract is greater
than $500,000,000, the following:
(A) The total number of such contracts,
disaggregated by fiscal year, contract type,
type of product or service procured, and total
expenditure under each such contract by fiscal
year.
(B) The total number of bid protests filed
with respect to such contracts, and the outcome
of such protests.
(C) The total number of such contracts
awarded through means other than full and open
competition.
(3) Defense health agency contract oversight.--With
respect to the period beginning on October 1, 2017, and
ending on September 30, 2022, the following:
(A) The staff of the Defense Health Agency
responsible for performing oversight of the
contracts specified in paragraphs (1) and (2),
including the following:
(i) The number of such staff.
(ii) Any professional training
requirements for such staff.
(iii) Any acquisition certifications
or accreditations held by such staff.
(B) Any office or other element of the
Defense Health Agency responsible for contract
award, administration, or oversight with
respect to the TRICARE program, including the
organizational structure, responsibilities,
authorities, and key roles of each such office
or element.
(C) The process used by the Director of the
Defense Health Agency for determining staffing
needs and competencies relating to contract
award, administration, or oversight with
respect to the TRICARE program.
(c) Interim Briefing; Report.--
(1) Interim briefing.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General shall provide to the Committees on Armed
Services of the House of Representatives and the Senate
an interim briefing on the study under subsection (a).
(2) Report.--Not later than two years after the date
of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report
containing the results of the study under subsection
(a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER TRICARE
PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH
PARITY LAWS.
(a) Study and Report Required.--Not later than one year after
the date of the enactment of this Act, the Comptroller General
of the United States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under
the TRICARE program;
(B) any limits on such coverage that are not
also imposed on health services other than
mental health services under the TRICARE
program; and
(C) the efforts of the Department of Defense
to align coverage of mental health services
under the TRICARE program with coverage
requirements under mental health parity laws;
and
(2) submit to the Secretary of Defense, the
congressional defense committees, and (with respect to
any findings concerning the Coast Guard when it is not
operating as a service in the Department of the Navy),
the Secretary of Homeland Security, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report
containing the findings of such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service
Act (42 U.S.C. 300gg-26);
(B) section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code
of 1986 (26 U.S.C. 9812); or
(D) any other Federal law that applies the
requirements under any of the sections
described in subparagraph (A), (B), or (C), or
requirements that are substantially similar to
those provided under any such section, as
determined by the Comptroller General.
(2) The term ``TRICARE program'' has the meaning
given such term in section 1072 of title 10, United
States Code.
Subtitle B--Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY
EVALUATION.
(a) Policy.--Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall
establish a policy to ensure accountability for actions taken
under the authorities of the Defense Health Agency and the
Armed Forces, respectively, concerning wounded, ill, and
injured members of the Armed Forces during the integrated
disability evaluation system process. Such policy shall include
the following:
(1) A restatement of the requirement that, in
accordance with section 1216(b) of title 10, United
States Code, a determination of fitness for duty of a
member of the Armed Forces under chapter 61 of title
10, United States Code, is the responsibility of the
Secretary concerned.
(2) A description of the role of the Director of the
Defense Health Agency in supporting the Secretaries
concerned in carrying out determinations of fitness for
duty as specified in paragraph (1).
(3) A description of how the medical evaluation board
processes of the Armed Forces are integrated with the
Defense Health Agency, including with respect to case
management, appointments, and other relevant matters.
(4) A requirement that, in determining fitness for
duty of a member of the Armed Forces under chapter 61
of title 10, United States Code, the Secretary
concerned shall consider the results of any medical
evaluation of the member provided under the authority
of the Defense Health Agency pursuant to section 1073c
of title 10, United States Code.
(5) A description of how the Director of the Defense
Health Agency adheres to the medical evaluation
processes of the Armed Forces, including an
identification of each applicable regulation or policy
to which the Director is required to so adhere.
(6) An assessment of the feasibility of affording
various additional due process protections to members
of the Armed Forces undergoing the medical evaluation
board process.
(7) A restatement of the requirement that wounded,
ill, and injured members of the Armed Forces may not be
denied any due process protection afforded under
applicable law or regulation of the Department of
Defense or the Armed Forces.
(8) A description of the types of due process
protections specified in paragraph (7), including an
identification of each specific due process protection.
(b) Clarification of Responsibilities Regarding Medical
Evaluation Boards.--Section 1073c of title 10, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h) Rule of Construction Regarding Secretaries Concerned
and Medical Evaluation Boards.--Nothing in this section shall
be construed as transferring to the Director of the Defense
Health Agency, or otherwise revoking, any authority or
responsibility of the Secretary concerned under chapter 61 of
this title with respect to a member of the armed forces
(including with respect to the administration of morale and
welfare and the determination of fitness for duty for the
member) while the member is being considered by a medical
evaluation board.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
status of the implementation of subsections (a) and (b).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the implementation
of subsections (a) and (b), lessons learned as a result of such
implementation, and the recommendations of the Secretary
relating to the policy on wounded, ill, and injured members of
the Armed Forces undergoing the integrated disability
evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN
REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is
amended by striking ``or level two'' and inserting ``, level
two, or level three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY HEALTH
SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10,
United States Code, is amended to read as follows:
``(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of
specialty care services in the areas of specialty care
described in subparagraph (D). A major medical center may be
designated as a center of excellence under this subparagraph
for more than one such area of specialty care.
``(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty
care services for specific conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary
determines appropriate.
``(C) Centers of excellence designated under this paragraph
shall serve the purposes of--
``(i) ensuring the military medical force readiness
of the Department of Defense and the medical readiness
of the armed forces;
``(ii) improving the quality of health care furnished
by the Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible
beneficiaries.
``(D) The areas of specialty care described in this
subparagraph are as follows:
``(i) Oncology.
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain
injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the
Secretary determines appropriate.
``(E)(i) Centers of excellence designated under this
paragraph shall be the primary source within the military
health system for the receipt by eligible beneficiaries of
specialty care.
``(ii) Eligible beneficiaries seeking a specialty care
service through the military health system shall be referred to
a center of excellence designated under subparagraph (A) for
that area of specialty care or, if the specialty care service
sought is unavailable at such center, to an appropriate
specialty care provider in the private sector.
``(F) Not later than 90 days prior to the designation of a
center of excellence under this paragraph, the Secretary shall
notify the Committees on Armed Services of the House of
Representatives and the Senate of such designation.
``(G) In this paragraph, the term `eligible beneficiary'
means any beneficiary under this chapter.''.
(b) Deadline.--The Secretary of Defense shall designate
certain major medical centers as regional centers of excellence
in accordance with section 1073d(b)(4)(A) of title 10, United
States Code, as added by subsection (a), by not later than one
year after the date of the enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate
a report that sets forth the plan of the Department of
Defense to designate centers of excellence under
section 1073d(b)(4) of title 10, United States Code, as
added by subsection (a).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) A list of the centers of excellence to be
designated under such section 1073d(b)(4) and
the locations of such centers.
(B) A description of the specialty care
services to be provided at each such center and
a staffing plan for each such center.
(C) A description of how each such center
shall improve--
(i) the military medical force
readiness of the Department and the
medical readiness of the Armed Forces;
(ii) the quality of care received by
eligible beneficiaries; and
(iii) the health outcomes of eligible
beneficiaries.
(D) A comprehensive plan for the referral of
eligible beneficiaries for specialty care
services at centers of excellence designated
under such section 1073d(b)(4) and appropriate
specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries
with travel and lodging, if necessary, in
connection with the receipt of specialty care
services at centers of excellence designated
under such section 1073d(b)(4) or appropriate
specialty care providers in the private sector.
(F) A plan to transfer specialty care
providers of the Department to centers of
excellence designated under such section
1073d(b)(4), in a number as determined by the
Secretary to be required to provide specialty
care services to eligible beneficiaries at such
centers.
(G) A plan to monitor access to care,
beneficiary satisfaction, experience of care,
and clinical outcomes to understand better the
impact of such centers on the health care of
eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term
``eligible beneficiary'' means any beneficiary under chapter 55
of title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO IMPROVE
MEDICAL FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States
Code, as amended by section 713, is further amended by adding
at the end the following new paragraph:
``(5)(A) The Secretary of Defense shall designate and
maintain certain military medical treatment facilities as core
casualty receiving facilities, to ensure the medical capability
and capacity required to diagnose, treat, and rehabilitate
large volumes of combat casualties and, as may be directed by
the President or the Secretary, provide a medical response to
events the President determines or declares as natural
disasters, mass casualty events, or other national emergencies.
``(B) The Secretary shall ensure that the military medical
treatment facilities selected for designation pursuant to
subparagraph (A) are geographically located to facilitate the
aeromedical evacuation of casualties from theaters of
operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the
military departments assign military personnel to core
casualty receiving facilities designated under
subparagraph (A) at not less than 90 percent of the
staffing level required to maintain the operating bed
capacity necessary to support operation planning
requirements;
``(ii) may augment the staffing of military personnel
at core casualty receiving facilities under
subparagraph (A) with civilian employees of the
Department of Defense to fulfil the staffing
requirement under clause (i); and
``(iii) shall ensure that each core casualty
receiving facility under subparagraph (A) is staffed
with a civilian Chief Financial Officer and a civilian
Chief Operating Officer with experience in the
management of civilian hospital systems, for the
purpose of ensuring continuity in the management of the
facility.
``(D) In this paragraph:
``(i) The term `core casualty receiving facility'
means a Role 4 medical treatment facility that serves
as a medical hub for the receipt and treatment of
casualties, including civilian casualties, that may
result from combat or from an event the President
determines or declares as a natural disaster, mass
casualty event, or other national emergency.
``(ii) The term `Role 4 medical treatment facility'
means a medical treatment facility that provides the
full range of preventative, curative, acute,
convalescent, restorative, and rehabilitative care.''.
(b) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the
Secretary of Defense shall designate four military
medical treatment facilities as core casualty receiving
facilities under section 1073d(b)(5) of title 10,
United States Code (as added by subsection (a)).
(2) Operational.--Not later than October 1, 2025, the
Secretary shall ensure that each such designated
military medical treatment facility is fully staffed
and operational as a core casualty receiving facility,
in accordance with the requirements of such section
1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1073d of title 10, United States Code, as amended by
section 714, is further amended by adding at the end the
following new subsection:
``(f) Notification Required to Modify Scope of Services
Provided at Military Medical Treatment Facilities.--(1) The
Secretary of Defense may not modify the scope of medical care
provided at a military medical treatment facility, or the
beneficiary population served at the facility, unless--
``(A) the Secretary submits to the Committees on
Armed Services of the House of Representatives and the
Senate a notification of the proposed modification in
scope;
``(B) a period of 180 days has elapsed following the
date on which the Secretary submits such notification;
and
``(C) if the proposed modification in scope involves
the termination or reduction of inpatient capabilities
at a military medical treatment facility located
outside the United States, the Secretary has provided
to each member of the armed forces or covered
beneficiary receiving services at such facility a
transition plan for the continuity of health care for
such member or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been
consulted regarding such modification, to ensure that the
proposed modification in scope would have no impact on the
operational plan for such installation.''.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED TO
CIVILIANS FOR CARE PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of
title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health
Agency may issue a waiver for a fee that would otherwise be
charged under the procedures implemented under subsection (a)
to a civilian provided medical care who is not a covered
beneficiary if the provision of such care enhances the
knowledge, skills, and abilities of health care providers, as
determined by the Director of the Defense Health Agency.''; and
(2) by redesignating subsection (c) as subsection
(d).
(b) Modified Payment Plan for Certain Civilians.--Such
section is further amended--
(1) by inserting after subsection (b), as amended by
subsection (a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If
a civilian specified in subsection (a) is covered by a covered
payer at the time care under this section is provided, the
civilian shall only be responsible to pay the standard copays,
coinsurance, deductibles, or nominal fees that are otherwise
applicable under the covered payer plan.
``(B) Except with respect to the copays, coinsurance,
deductibles, and nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the
covered payer for care provided to a civilian described
in subparagraph (A); and
``(ii) payment received by the Secretary from the
covered payer of a civilian for care provided under
this section that is provided to the civilian shall be
considered payment in full for such care.
``(2) If a civilian specified in subsection (a) does not meet
the criteria under paragraph (1), is underinsured, or has a
remaining balance and is at risk of financial harm, the
Director of the Defense Health Agency shall reduce each fee
that would otherwise be charged to the civilian under this
section according to a sliding fee discount program, as
prescribed by the Director of the Defense Health Agency.
``(3) If a civilian specified in subsection (a) does not meet
the criteria under paragraph (1) or (2), the Director of the
Defense Health Agency shall implement an additional
catastrophic waiver to prevent severe financial harm.
``(4) The modified payment plan under this subsection may not
be administered by a Federal agency other than the Department
of Defense.''; and
(2) by adding at the end the following new
subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party
payer or other insurance, medical service, or health
plan.
``(2) The terms `third-party payer' and `insurance,
medical service, or health plan' have the meaning given
those terms in section 1095(h) of this title.''.
(c) Applicability.--The amendments made by subsections (a)
and (b) shall apply with respect to care provided on or after
the date that is 180 days after the date of the enactment of
this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS
RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE
THROUGH USE OF OTHER TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States
Code, is amended by inserting ``or transactions (other than
contracts, cooperative agreements, and grants)'' after
``contracts''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on how the Secretary intends to
use the authority to enter into transactions under section
1092(b) of title 10, United States Code, as amended by
subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE PROFESSIONALS
PROVIDING SERVICES AS PART OF MISSION RELATING TO
EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is
amended by inserting `` contractor not covered under section
1091 of this title who is providing medical treatment as part
of a mission relating to emergency, humanitarian, or refugee
assistance,'' after ``section 1091 of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 1090 note), is amended--
(1) in subsection (a)(1), by striking ``Beginning
not'' and inserting ``Except as provided in subsection
(e), beginning not'';
(2) by redesignating subsection (e) as subsection
(f); and
(3) by inserting after subsection (d) the following
new subsection (e):
``(e) Alternative Initiative to Improve Opioid Management.--
As an alternative to the pilot program under this section, the
Director of the Defense Health Agency, not later than January
1, 2023--
``(1) may implement a permanent program to improve
opioid management for beneficiaries under the TRICARE
program; and
``(2) if the Director decides to implement such a
permanent program, shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives the specifications of and reasons for
implementing such program.''.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO DEFENSE
HEALTH AGENCY.
(a) Temporary Retention.--Notwithstanding section 1073c(e) of
title 10, United States Code, at the discretion of the
Secretary of Defense, a military department may retain, until
not later than February 1, 2024, a covered function if the
Secretary of Defense determines the covered function--
(1) addresses a need that is unique to the military
department; and
(2) is in direct support of operating forces and
necessary to execute strategies relating to national
security and defense.
(b) Briefing.--
(1) In general.--Not later than March 1, 2023, the
Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the
Senate a briefing on any covered function that the
Secretary has determined should be retained by a
military department pursuant to subsection (a).
(2) Elements.--The briefing required by paragraph (1)
shall address the following:
(A) A description of each covered function
that the Secretary has determined should be
retained by a military department pursuant to
subsection (a).
(B) The rationale for each such
determination.
(C) Recommendations for amendments to section
1073c of title 10, United States Code, to
authorize the ongoing retention of covered
functions by military departments.
(c) Modification to Names of Public Health Commands.--Section
1073c(e)(2)(B) of title 10, United States Code, is amended by
striking ``Army Public Health Command, the Navy-Marine Corps
Public Health Command'' and inserting ``Army Public Health
Center, the Navy-Marine Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term
``covered function'' means--
(1) a function relating to research and development
that would otherwise be transferred to the Defense
Health Agency Research and Development pursuant to
section 1073c(e)(1) of title 10, United States Code; or
(2) a function relating to public health that would
otherwise be transferred to the Defense Health Agency
Public Health pursuant to section 1073c(e)(2) of such
title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED
FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a
dependent child to retain electronic access to the privileged
medical records of such dependent child, notwithstanding that
the former spouse is no longer a dependent under section
1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent
child of a remarried former spouse and a member or
former member of a uniformed service.
(3) The term ``remarried former spouse'' means a
remarried former spouse of a member or former member of
a uniformed service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE EARLY
LITERACY AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a
program to promote early literacy among young children in child
development centers and libraries located on installations of
the Department of Defense.
(b) Activities.--Activities under the program under
subsection (a) shall include the following:
(1) The provision of training on early literacy
promotion to appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate
books to covered caregivers assigned to or serving at
an installation of the Department with a child
development center or library at which the Secretary is
carrying out the program.
(3) The dissemination to covered caregivers of
education materials on early literacy.
(4) Such other activities as the Secretary determines
appropriate.
(c) Locations.--In carrying out the program under subsection
(a), the Secretary may conduct the activities under subsection
(b) at any child development center or library located on an
installation of the Department.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the extent to which the authority
under subsection (a) is used, including--
(1) a description of any activities carried out under
the program so authorized; and
(2) an evaluation of the potential expansion of such
program to be included as a part of the pediatric
primary care of young children and to be carried out in
military medical treatment facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of
the Armed Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from
birth to the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Health Agency, shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a plan for the conduct of the
Accountable Care Organization demonstration, notice of which
was published in the Federal Register on August 16, 2019 (84
Fed. Reg. 41974), (in this section referred to as the
``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include,
the following:
(1) A description of how the Demonstration shall be
conducted to deliver improved health outcomes, improved
quality of care, and lower costs under the TRICARE
program.
(2) A description of the results for the TRICARE
program that the Secretary plans to achieve through the
Demonstration, with respect to the following outcome
measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be
conducted to shift financial risk from the Department
of Defense to civilian health care providers.
(4) A description of how investment in the
Demonstration shall serve as a bridge to future
competitive demonstrations of the Department of Defense
with accountable care organizations.
(5) A detailed description of the geographic
locations at which the Secretary plans to conduct such
future competitive demonstrations.
(6) A description of how a third-party administrator
shall manage the administrative components of the
Demonstration, including with respect to eligibility,
enrollment, premium payment processes, submission of
qualifying life events changes, and mailing address
changes.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY HEALTH
SYSTEM MEDICAL LOGISTICS DIRECTORATE AND MILITARY
HEALTH SYSTEM EDUCATION AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in
consultation with the Secretaries of the military departments
and the Joint Chiefs of Staff, shall--
(1) conduct a study on the feasibility of the
establishment within the Defense Health Agency of two
subordinate organizations, to be known as the Military
Health System Medical Logistics Directorate and the
Military Health System Education and Training
Directorate, respectively; and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include
the following:
(1) Military health system medical logistics
directorate.--With respect to the Military Health
System Medical Logistics Directorate, the following:
(A) A description of the organizational
structure of the Directorate (including any
subordinate organizations), including the
incorporation into the Directorate of existing
organizations of the military departments that
provide operational theater medical materiel
support.
(B) A description of the resourcing by the
Secretary of the executive leadership of the
Directorate.
(C) A description of the geographic location,
or multiple such locations, of the elements of
the Directorate.
(D) A description of how the head of the
medical research and development organization
within the Defense Health Agency shall
coordinate with the Directorate.
(E) A description of the ability of the
Directorate to address the medical logistics
requirements of the military departments, the
combatant commands, and the Joint Staff.
(F) A description of any additional funding
required to establish the Directorate.
(G) A description of any additional
legislative authorities required to establish
the Directorate, including any such authorities
required for the leadership and direction of
the Directorate.
(H) A description of any military department-
specific capabilities, requirements, or best
practices relating to medical logistics
necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine
appropriate.
(2) Military health system education and training
directorate.--With respect to the Military Health
System Education and Training Directorate, the
following:
(A) A description of the organizational
structure of the Directorate (including any
subordinate organizations), including the
incorporation into the Directorate of existing
organizations that provide relevant medical
education and training, such as the following:
(i) The Uniformed Services University
of the Health Sciences.
(ii) The College of Allied Health
Sciences of the Uniformed Services
University of the Health Sciences.
(iii) The Medical Education and
Training Campus of the Department of
Defense.
(iv) The medical education and
training commands and organizations of
the military departments.
(v) The medical training programs of
the military departments affiliated
with civilian academic institutions.
(B) A description of the resourcing by the
Secretary of the executive leadership of the
Directorate.
(C) A description of the geographic location,
or multiple such locations, of the elements of
the Directorate.
(D) A description of the ability of the
Directorate to address the medical education
and training requirements of the military
departments.
(E) A description of any additional funding
required for the establishment the Directorate.
(F) A description of any additional
legislative authorities required for the
establishment of the Directorate, including any
such authorities required for the leadership
and direction of the Directorate.
(G) Such other matters relating to the
establishment, operations, or activities of the
Directorate as the Secretary may determine
appropriate.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate--
(1) the results of the study under subsection (a)(1);
and
(2) the plan under subsection (a)(2).
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF MILITARY
MEDICAL MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1796) is
amended to read as follows:
``(A) Briefing; report.--The Comptroller
General of the United States shall--
``(i) not later than February 1,
2023, provide to the Committees on
Armed Services of the House of
Representatives and the Senate a
briefing on preliminary observations
regarding the analyses used to support
any reduction or realignment of
military medical manning, including any
reduction or realignment of medical
billets of the military departments;
and
``(ii) not later than May 31, 2023,
submit to the Committees on Armed
Services of the House of
Representatives and the Senate a report
on such analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE
AUTISM CARE DEMONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1800) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after
``disorder''; and
(ii) by striking ``demonstration
project'' and inserting ``demonstration
program'';
(B) in subparagraph (B), by striking
``demonstration project'' and inserting
``demonstration program'';
(C) in subparagraph (C), by inserting
``parental involvement in applied behavioral
analysis treatment, and'' after ``including'';
(D) in subparagraph (D), by striking ``for an
individual who has'' and inserting ``,
including mental health outcomes, for
individuals who have'';
(E) in subparagraph (E), by inserting ``since
its inception'' after ``demonstration
program'';
(F) in subparagraph (F), by inserting ``cost
effectiveness, program effectiveness, and
clinical'' after ``measure the'';
(G) in subparagraph (G), by inserting ``than
in the general population'' after ``families'';
(H) by redesignating subparagraph (H) as
subparagraph (I); and
(I) by inserting after subparagraph (G) the
following new subparagraph (H):
``(H) An analysis of whether the diagnosis
and treatment of autism is higher among the
children of military families than in the
general population.''; and
(2) in subsection (c), in the matter preceding
paragraph (1), by striking ``nine'' and inserting
``31''.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION
AUTHORITY FOR INDEPENDENT SUICIDE PREVENTION AND
RESPONSE REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1801) is
amended--
(1) in subsection (b)(3), by striking ``none of whom
may be'' and all that follows through the closing
period and inserting ``none of whom may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department
of Defense, unless the individual is a former
member of an Armed Force.''.
(2) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following
new subsection (f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph
(2), the Secretary may compensate members of the
committee established under subsection (a) for the work
of such members for the committee.
``(2) Exception.--A member of the committee
established under subsection (a) who is a civilian
employee of the Department of Defense and a former
member of an Armed Force may not receive compensation
under paragraph (1).
``(3) Treatment of compensation.--A member of the
committee established under subsection (a) who receives
compensation under paragraph (1) shall not be
considered a civilian employee of the Department of
Defense for purposes of subsection (b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION DOSE
RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law
108-183; 38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by
subsection (c)''; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation
with the Secretaries concerned, shall establish a comprehensive
initiative for brain health to be known as the ``Warfighter
Brain Health Initiative'' (in this section referred to as the
``Initiative'') for the purpose of unifying efforts and
programs across the Department of Defense to improve the
cognitive performance and brain health of members of the Armed
Forces.
(b) Objectives.--The objectives of the Initiative shall be
the following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through
education, training, prevention, protection,
monitoring, detection, diagnosis, treatment, and
rehabilitation, including through the following
activities:
(A) The establishment of a program to monitor
cognitive brain health across the Department of
Defense, with the goal of detecting any need
for cognitive enhancement or restoration
resulting from potential brain exposures of
members of Armed Forces, to mitigate possible
evolution of injury or disease progression.
(B) The identification and dissemination of
thresholds for blast pressure safety and
associated emerging scientific evidence.
(C) The modification of high-risk training
and operational activities to mitigate the
negative effects of repetitive blast exposure.
(D) The identification of individuals who
perform high-risk training or occupational
activities, for purposes of increased
monitoring of the brain health of such
individuals.
(E) The development and operational fielding
of non-invasive, portable, point-of-care
medical devices, to inform the diagnosis and
treatment of traumatic brain injury.
(F) The establishment of a standardized
monitoring program that documents and analyzes
blast exposures that may affect the brain
health of members of the Armed Forces.
(G) The consideration of the findings and
recommendations of the report of the National
Academies of Science, Engineering, and Medicine
titled ``Traumatic Brain Injury: A Roadmap for
Accelerating Progress'' and published in 2022
(relating to the acceleration of progress in
traumatic brain injury research and care), or
any successor report, in relation to the
activities of the Department relating to brain
health, as applicable.
(2) To harmonize and prioritize the efforts of the
Department of Defense into a single approach to brain
health.
(c) Annual Budget Justification Documents.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025
through 2029 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code), the
Secretary of Defense shall include a budget justification
display that includes all activities of the Department relating
to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health
Agency may conduct, as part of the Initiative, a pilot
program under which the Director shall monitor blast
overpressure exposure through the use of commercially
available, off-the-shelf, wearable sensors, and
document and evaluate data collected as a result of
such monitoring.
(2) Locations.--Monitoring activities under a pilot
program conducted pursuant to paragraph (1) shall be
carried out in each training environment that the
Director determines poses a risk for blast overpressure
exposure.
(3) Documentation and sharing of data.--If the
Director conducts a pilot program pursuant to paragraph
(1), the Director shall--
(A) ensure that any data collected pursuant
to such pilot program that is related to the
health effects of the blast overpressure
exposure of a member of the Armed Forces who
participated in the pilot program is documented
and maintained by the Secretary of Defense in
an electronic health record for the member; and
(B) to the extent practicable, and in
accordance with applicable provisions of law
relating to data privacy, make data collected
pursuant to such pilot program available to
other academic and medical researchers for the
purpose of informing future research and
treatment options.
(e) Strategy and Implementation Plan.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report setting
forth a strategy and implementation plan of the Department of
Defense to achieve the objectives of the Initiative under
subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of
Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
Initiative that includes the following:
(1) A description of the activities taken under the
Initiative and resources expended under the Initiative
during the prior fiscal year.
(2) A summary of the progress made during the prior
fiscal year with respect to the objectives of the
Initiative under subsection (b).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN UNITED STATES
AND UKRAINE FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense
shall seek to enter into a partnership with the appropriate
counterpart from the Government of Ukraine for the
establishment of a joint program on military trauma care and
research. Such program shall consist of the following:
(1) The sharing of relevant lessons learned from the
Russo-Ukraine War.
(2) The conduct of relevant joint conferences and
exchanges with military medical professionals from
Ukraine and the United States.
(3) Collaboration with the armed forces of Ukraine on
matters relating to health policy, health
administration, and medical supplies and equipment,
including through knowledge exchanges.
(4) The conduct of joint research and development on
the health effects of new and emerging weapons.
(5) The entrance into agreements with military
medical schools of Ukraine for reciprocal education
programs under which students at the Uniformed Services
University of the Health Sciences receive specialized
military medical instruction at the such military
medical schools of Ukraine and military medical
personnel of Ukraine receive specialized military
medical instruction at the Uniformed Services
University of the Health Sciences, pursuant to section
2114(f) of title 10, United States Code.
(6) The provision of support to Ukraine for the
purpose of facilitating the establishment in Ukraine of
a program substantially similar to the Wounded Warrior
Program in the United States.
(7) The provision of training to the armed forces of
Ukraine in the following areas:
(A) Health matters relating to chemical,
biological, radiological, nuclear and explosive
weapons.
(B) Preventive medicine and infectious
disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and
equipment needed.
(9) Such other elements as the Secretary of Defense
may determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE
UNDER MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the
Health Science.--
(1) Study.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of the
following:
(A) Establishing graduate degree-granting
programs in counseling and social work at the
Uniformed Services University of the Health
Sciences.
(B) Expanding the clinical psychology
graduate program of the Uniformed Services
University of the Health Sciences.
(2) Matters.--The study under paragraph (1) shall
include a description of--
(A) the process by which, as a condition of
enrolling in a degree-granting program
specified in such paragraph, a civilian student
would be required to commit to post-award
employment obligations; and
(B) the processes and consequences that would
apply if such obligations are not met.
(3) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing
the findings of the study under paragraph (1).
(b) Pilot Program on Scholarship-for-service for Civilian
Behavioral Health Providers.--
(1) Pilot program.--Not later than two years after
the date of the enactment of this Act, the Secretary of
Defense shall commence the conduct of a pilot program
under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and
related fees at an institution of
higher education to an individual
enrolled in a program of study leading
to a graduate degree in clinical
psychology, social work, counseling, or
a related field (as determined by the
Secretary); and
(ii) student loan repayment
assistance to a credentialed behavioral
health provider who has a graduate
degree in clinical psychology, social
work, counseling, or a related field
(as determined by the Secretary); and
(B) in exchange for such assistance, the
recipient shall commit to work as a covered
civilian behavioral health provider in
accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) In general.--Subject to subparagraph (B),
as a condition of receiving assistance under
paragraph (1), the recipient of such assistance
shall enter into an agreement with the
Secretary of Defense pursuant to which the
recipient agrees to work on a full-time basis
as a covered civilian behavioral health
provider for a period of a duration that is at
least equivalent to the period during which the
recipient received assistance under such
paragraph.
(B) Other terms and conditions.--An agreement
entered into pursuant to subparagraph (A) may
include such other terms and conditions as the
Secretary of Defense may determine necessary to
protect the interests of the United States or
otherwise appropriate for purposes of this
section, including terms and conditions
providing for limited exceptions from the post-
award employment obligation specified in such
subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives
assistance under paragraph (1) and does not
complete the employment obligation required
under the agreement entered into pursuant to
paragraph (2) shall repay to the Secretary of
Defense a prorated portion of the financial
assistance received by the individual under
paragraph (1).
(B) Determination of amount.--The amount of
any repayment required under subparagraph (A)
shall be determined by the Secretary.
(4) Duration.--The authority to carry out the pilot
program under paragraph (1) shall terminate on the date
that is 10 years after the date on which such pilot
program commences.
(5) Implementation plan.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a plan for the implementation of this section.
(6) Reports.--
(A) In general.--Not later than each of one
year and five years after the commencement of
the pilot program under paragraph (1), the
Secretary of Defense shall submit to the
Committees on Armed Services of the House of
Representative and the Senate a report on the
pilot program.
(B) Elements.--Each report under subparagraph
(A) shall include, with respect to the pilot
program under subsection (1), the following:
(i) The number of students receiving
scholarships under the pilot program.
(ii) The institutions of higher
education at which such students are
enrolled.
(iii) The total amount of financial
assistance expended under the pilot
program per academic year.
(iv) The average scholarship amount
per student under the pilot program.
(v) The number of students hired as
covered behavioral health providers
pursuant to the pilot program.
(vi) Any recommendations for
terminating the pilot program,
extending the pilot program, or making
the pilot program permanent.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall conduct an analysis of the behavioral health
workforce under the direct care component of the
military health system and submit to the Committees on
Armed Services of the House of Representatives and the
Senate a report containing the results of such
analysis. Such report shall include, with respect to
such workforce, the following:
(A) The number of positions authorized for
military behavioral health providers within
such workforce, and the number of such
positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for
civilian behavioral health providers within
such workforce, and the number of such
positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio
of military behavioral health providers
assigned to military medical treatment
facilities compared to civilian behavioral
health providers so assigned, disaggregated by
the professions described in paragraph (2).
(D) For each military department, the number
of military behavioral health providers
authorized to be embedded within an operational
unit, and the number of such positions filled,
disaggregated by the professions described in
paragraph (2).
(E) Data on the historical demand for
behavioral health services by members of the
Armed Forces.
(F) An estimate of the number of health care
providers necessary to meet the demand by such
members for behavioral health care services
under the direct care component of the military
health system, disaggregated by provider type.
(G) An identification of any shortfall
between the estimated number under subparagraph
(F) and the total number of positions for
behavioral health providers filled within such
workforce.
(H) Such other information as the Secretary
may determine appropriate.
(2) Provider types.--The professions described in
this paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary
may determine appropriate.
(3) Behavioral health workforce at remote
locations.--In conducting the analysis of the
behavioral health workforce under paragraph (1), the
Secretary of Defense shall ensure such behavioral
health workforce at remote locations (including Guam
and Hawaii) and any shortfalls thereof, is taken into
account.
(d) Plan to Address Shortfalls in Behavioral Health
Workforce.--Not later than one year after the date on which the
report under subsection (c) is submitted, the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a plan to address any
shortfall of the behavioral health workforce identified under
paragraph (1)(G) of such subsection. Such plan shall address
the following:
(1) With respect to any such shortfall of military
behavioral health providers (addressed separately with
respect to such providers assigned to military medical
treatment facilities and such providers assigned to be
embedded within operational units), the recruitment,
accession, retention, special pay and other aspects of
compensation, workload, role of the Uniformed Services
University of the Health Sciences and the Armed Forces
Health Professions Scholarship Program under chapter
105 of title 10, United States Code, any additional
authorities or resources necessary for the Secretary to
increase the number of such providers, and such other
considerations as the Secretary may consider
appropriate.
(2) With respect to addressing any such shortfall of
civilian behavioral health providers, the recruitment,
hiring, retention, pay and benefits, workload,
educational scholarship programs, any additional
authorities or resources necessary for the Secretary to
increase the number of such providers, and such other
considerations as the Secretary may consider
appropriate.
(3) A recommendation as to whether the number of
military behavioral health providers in each military
department should be increased, and if so, by how many.
(4) A plan to ensure that remote installations are
prioritized for the assignment of military behavioral
health providers.
(5) Updated access standards for behavioral health
care under the military health system, taking into
account--
(A) the duration of time between a patient
receiving a referral for such care and the
patient receiving individualized treatment
(following an initial intake assessment) from a
behavioral health provider; and
(B) the frequency of regular follow-up
appointments subsequent to the first
appointment at which a patient receives such
individualized treatment.
(6) A plan to expand access to behavioral health care
under the military health system using telehealth.
(e) Definitions.--In this section:
(1) The term ``behavioral health'' includes
psychiatry, clinical psychology, social work,
counseling, and related fields.
(2) The term ``civilian behavioral health provider''
means a behavioral health provider who is a civilian
employee of the Department of Defense.
(3) The term ``counselor'' means an individual who
holds--
(A) a master's or doctoral degree from an
accredited graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health
counseling; and
(B) a current license or certification from a
State that grants the individual the authority
to provide counseling services as an
independent practitioner in the respective
field of the individual.
(4) The term ``covered civilian behavioral health
provider'' means a civilian behavioral health provider
whose employment by the Secretary of Defense involves
the provision of behavioral health services at a
military medical treatment facility.
(5) The term ``institution of higher education'' has
the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(6) The term ``military behavioral health provider''
means a behavioral health provider who is a member of
the Armed Forces.
(7) The term ``military installation'' has the
meaning given that term in section 2801 of title 10,
United States Code.
(8) The term ``military medical treatment facility''
means a facility specified in section 1073d of such
title.
(9) The term ``remote installation'' means a military
installation that the Secretary determines to be in a
remote location.
(10) The term ``State'' means each of the several
States, the District of Columbia, and each
commonwealth, territory or possession of the United
States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH SERVICES
TO MEMBERS OF THE ARMED FORCES AND MILITARY
FAMILIES.
(a) In General.--The Secretary of Defense, in consultation
with the President of the Uniformed Services University of the
Health Sciences, shall develop a curriculum and certification
program to provide civilian mental health professionals and
students in mental health-related disciplines with the
specialized knowledge and skills necessary to address the
unique mental health needs of members of the Armed Forces and
military families.
(b) Implementation.--Not later than 90 days after completing
the development of the curriculum and certification program
under subsection (a), the Secretary of Defense shall implement
such curriculum and certification program in the Uniformed
Services University of the Health Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary
of Defense may disseminate best practices based on the
curriculum and certification program developed and implemented
under this section to other institutions of higher education,
as such term is defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum
and certification program under this section shall terminate on
the date that is five years after the date of the enactment of
this Act.
(e) Briefing.--Not later than 180 days after the termination
date specified in subsection (d), the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the results of
the curriculum and certification program developed and
implemented under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN ARMED
FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries concerned, shall--
(1) review regulations, establish policies, and issue
guidance relating to service in the Armed Forces by
individuals diagnosed with HBV, consistent with the
health care standards and clinical guidelines of the
Department of Defense; and
(2) identify areas where the regulations, policies,
and guidance of the Department relating to individuals
diagnosed with HBV (including with respect to
enlistments, assignments, deployments, and retention
standards) may be standardized across the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning
given that term in section 101 of title 10, United
States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE BY
DEPARTMENT OF DEFENSE; CONGRESSIONAL NOTIFICATION.
(a) Standardization of Definition.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries concerned, shall
develop, for use across the Armed Forces, a standardized
definition for the term ``suicide cluster''.
(b) Notification Required.--Beginning not later than one year
after the date of the enactment of this Act, whenever the
Secretary determines the occurrence of a suicide cluster (as
that term is defined pursuant to subsection (a)) among members
of the Armed Forces, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a notification of such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
following:
(1) The methodology being used in the development of
the definition under subsection (a).
(2) The progress made towards the development of the
process for submitting required notifications under
subsection (b).
(3) An estimated timeline for the implementation of
this section.
(d) Coordination Required.--In developing the definition
under subsection (a) and the process for submitting required
notifications under subsection (b), the Secretary of Defense
shall coordinate with the Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH: CERTIFICATION REQUIREMENT AND OTHER
REFORMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2),
and in addition to the limitation under section 719 of
the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1454), as most
recently amended by section 731 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1795), during the five-year period
beginning on the date of the enactment of this Act,
neither the Secretary of Defense nor a Secretary
concerned may reduce military medical end strength
authorizations, and following such period, neither may
reduce such authorizations unless the Secretary of
Defense issues a waiver pursuant to paragraph (6).
(2) Exception.--The limitation under paragraph (1)
shall not apply with respect to the following:
(A) Administrative billets of a military
department that have remained unfilled since at
least October 1, 2018.
(B) Billets identified as non-clinical in the
budget of the President for fiscal year 2020
submitted to Congress pursuant to section
1105(a) of title 31, United States Code, except
that the number of such billets may not exceed
1,700.
(C) Medical headquarters billets of the
military departments not assigned to, or
providing direct support to, operational
commands.
(3) Report on composition of military medical
workforce requirements.--The Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall conduct an assessment of current
military medical manning requirements (taking into
consideration factors including future operational
planning, training, and beneficiary healthcare) and
submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing
the findings of such assessment. Such assessment shall
be informed by the following:
(A) The National Defense Strategy submitted
under section 113(g) of title 10, United States
Code.
(B) The National Military Strategy prepared
under section 153(b) of such title.
(C) The campaign plans of the combatant
commands.
(D) Theater strategies.
(E) The joint medical estimate under section
732 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated
pursuant to paragraph (1) of section 724(a) of
the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1793; 10 U.S.C. 1096 note).
(G) The plan of the Department of Defense on
global patient movement, as updated pursuant to
paragraph (2) of such section 724(a).
(H) The biosurveillance program of the
Department of Defense established pursuant to
Department of Defense Directive 6420.02
(relating to biosurveillance).
(I) Requirements for graduate medical
education.
(J) The report of the COVID-19 Military
Health System Review Panel under section 731 of
the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3698).
(K) The report of the Inspector General of
the Department of Defense titled ``Evaluation
of Department of Defense Military Medical
Treatment Facility Challenges During the
Coronavirus Disease-2019 (COVID-19) Pandemic in
Fiscal Year 2021 (DODIG-2022-081)'' and
published on April 5, 2022.
(L) Reports of the Comptroller General of the
United States relating to military health
system reforms undertaken on or after January,
1, 2017, including any such reports relating to
military medical manning and force composition
mix.
(M) Such other reports as may be determined
appropriate by the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a certification
containing the following:
(A) A certification of the completion of a
comprehensive review of military medical
manning, including with respect to the medical
corps (or other health- or medical-related
component of a military department),
designator, profession, occupation, and rating
of medical personnel.
(B) A justification for any proposed
increase, realignment, reduction, or other
change to the specialty or occupational
composition of military medical end strength
authorizations, which may include compliance
with a requirement or recommendation set forth
in a strategy, plan, or other matter specified
in paragraph (3).
(C) A certification that, in the case that
any change to such specialty or occupational
composition is required, a vacancy resulting
from such change may not be filled with a
position other than a health- or medical-
related position until such time as there are
no military medical billets remaining to fill
the vacancy.
(D) A risk analysis associated with the
potential realignment or reduction of any
military medical end strength authorizations.
(E) An identification of any plans of the
Department to backfill military medical
personnel positions with civilian personnel.
(F) A plan to address persistent vacancies
for civilian personnel in health- or medical-
related positions, and a risk analysis
associated with the hiring, onboarding, and
retention of such civilian personnel, taking
into account provider shortfalls across the
United States.
(G) A comprehensive plan to mitigate any risk
identified pursuant to subparagraph (D) or (F),
including with respect to funding necessary for
such mitigation across fiscal years.
(5) Process required.--The Secretaries of the
military departments, in coordination with the
Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, shall develop and submit to the
Committees on Armed Services of the House of
Representatives and the Senate a process for the
authorization of proposed modifications to the
composition of the medical manning force mix across the
military departments while maintaining compliance with
the limitation under paragraph (1). Such process
shall--
(A) take into consideration the funding
required for any such proposed modification;
and
(B) include distinct processes for proposed
increases and proposed decreases, respectively,
to the medical manning force mix of each
military department.
(6) Waiver.--
(A) In general.--Following the conclusion of
the five-year period specified in paragraph
(1), the Secretary of Defense may waive the
prohibition under such subsection if--
(i) the report requirement under
paragraph (3), the certification
requirement under paragraph (4), and
the process requirement under paragraph
(5) have been completed;
(ii) the Secretary determines that
the waiver is necessary and in the
interests of the national security of
the United States; and
(iii) the waiver is issued in
writing.
(B) Notification to congress.--Not later than
five days after issuing a waiver under
subparagraph (A), the Secretary of Defense
shall submit to the Committees on Armed
Services of the House of Representatives and
the Senate a notification of the waiver
(including the text of the waiver and a
justification for the waiver) and provide to
such committees a briefing on the components of
the waiver.
(b) Temporary Suspension of Implementation of Plan for
Restructure or Realignment of Military Medical Treatment
Facilities.--The Secretary of Defense may not implement the
plan under section 703(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2199) until the later of the following:
(1) The date that is one year after the date of the
enactment of this Act.
(2) The date on which the Secretary of Defense
completes the following:
(A) A risk analysis for each military medical
treatment facility to be realigned,
restructured, or otherwise affected under the
implementation plan under such section
703(d)(1), including an assessment of the
capacity of the TRICARE network of providers in
the area of such military medical treatment
facility to provide care to the TRICARE Prime
beneficiaries that would otherwise be assigned
to such military medical treatment facility.
(B) An identification of the process by which
the assessment conducted under subsection
(a)(3) and the certification required under
subsection (a)(4) shall be linked to any
restructuring or realignment of military
medical treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023,
the Secretary of Defense shall provide to the
Committees on Armed Services of the House of
Representatives and the Senate a briefing on--
(A) the method by which the Secretary plans
to meet the report requirement under subsection
(a)(3), the certification requirement under
subsection (a)(4), and the process requirement
under subsection (a)(5); and
(B) the matters specified in subparagraphs
(A) and (B) of subsection (b)(2).
(2) Briefing on progress.--Not later than two years
after the date of the enactment of this Act, the
Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the
Senate a briefing on the progress made towards
completion of the requirements specified in paragraph
(1)(A).
(3) Final briefing.--Not later than three years after
the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate
a final briefing on the completion of such
requirements.
(4) Final report.--Not later than three years after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate
a final report on the completion of such requirements.
Such final report shall be in addition to the report,
certification, and process submitted under paragraphs
(3), (4), and (5) of subsection (a), respectively.
(d) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning
given such term in section 115a(e) of title 10, United
States Code.
(2) The term ``Secretary concerned'' has the meaning
given that term in section 101(a) of such title.
(3) The term ``theater strategy'' means an
overarching construct outlining the vision of a
combatant commander for the integration and
synchronization of military activities and operations
with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE
INTERNSHIP PROGRAMS RELATING TO CIVILIAN BEHAVIORAL
HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall
conduct a study on the feasibility of establishing paid pre-
doctoral and post-doctoral internship programs for the purpose
of training clinical psychologists to work as covered civilian
behavioral health providers.
(b) Elements.--The feasibility study under subsection (a)
shall assess, with respect to the potential internship programs
specified in such subsection, the following:
(1) A model under which, as a condition of
participating in such an internship program, the
participant would enter into an agreement with the
Secretary under which the participant agrees to work on
a full-time basis as a covered civilian behavioral
health provider for a period of a duration that is at
least equivalent to the period of participation in such
internship program.
(2) Methods by which the Secretary may address
scenarios in which an individual who participates in
such an internship program does not complete the
employment obligation required under the agreement
referred to in paragraph (1), including by requiring
the individual to repay to the Secretary a prorated
portion of the cost of administering such program (to
be determined by the Secretary) with respect to such
individual and of any payment received by the
individual under such program.
(3) The methods by which the Secretary may adjust the
workload and staffing of behavioral health providers in
military medical treatment facilities to ensure
sufficient capacity to supervise participants in such
internship programs.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the
feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes
psychiatry, clinical psychology, social work,
counseling, and related fields.
(2) The term ``behavioral health provider'' includes
the following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional
counselor.
(D) A licensed professional clinical
counselor of mental health.
(E) A licensed clinical mental health
counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health
provider'' means a civilian behavioral health provider
whose employment by the Secretary of Defense involves
the provision of behavioral health services at a
military medical treatment facility.
(4) The term ``civilian behavioral health provider''
means a behavioral health provider who is a civilian
employee of the Department of Defense.
(5) The term ``military medical treatment facility''
means a facility specified in section 1073d of title
10, United States Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF NEW
COMMAND ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior
studies regarding the feasibility of establishing a new defense
health command under which the Defense Health Agency would be a
joint component. In conducting such updates, the Secretary
shall consider for such new command each of the following
potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary
determines is appropriate for consideration.
(b) Matters.--The updates under subsection (a) shall include,
with respect to the new command specified in such subsection,
the following:
(1) An assessment of the potential organizational
structure of the new command sufficient for the new
command to carry out the responsibilities described in
subsection (c), including a description of the
following:
(A) The potential reporting relationship
between the commander of the new command, the
Assistant Secretary of Defense for Health
Affairs, and the Under Secretary of Defense for
Personnel and Readiness.
(B) The potential relationship of the new
command to the military departments, the
combatant commands, and the Joint Staff.
(C) The potential responsibilities of the
commander of the new command and how such
responsibilities would differ from the
responsibilities of the Director of the Defense
Health Agency.
(D) The potential chain of command between
such commander and the Secretary of Defense.
(E) The potential roles of the Surgeons
General of the Army, Navy, and Air Force, with
respect to such commander.
(F) Any organizations that support the
Defense Health Agency, such as the medical
departments and medical logistics organizations
of each military department.
(G) The potential organizational structure of
the new command, including any subordinate
commands.
(H) The geographic location, or multiple such
locations, of the headquarters of the new
command and any subordinate commands.
(I) How the Defense Health Agency currently
serves as a provider of optimally trained and
clinically proficient health care professionals
to support combatant commands.
(J) How the new command may further serve as
a provider of optimally trained and clinically
proficient health care professionals to support
combatant commands.
(2) An assessment of any additional funding necessary
to establish the new command.
(3) An assessment of any additional legislative
authorities necessary to establish the new command,
including with respect to the executive leadership and
direction of the new command.
(4) An assessment of the required resourcing of the
executive leadership of the new command.
(5) If the Secretary makes the determination to
establish the new command, a timeline for such
establishment.
(6) If the Secretary defers such determination
pending further implementation of other organizational
reforms to the military health system, a timeline for
such future determination.
(7) Such other matters relating to the establishment,
operations, or activities of the new command as the
Secretary may determine appropriate.
(c) Responsibilities Described.--The responsibilities
described in this subsection are as follows:
(1) The conduct of health operations among
operational units of the Armed Forces.
(2) The administration of military medical treatment
facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with
the primary responsibility for the following:
(A) Medical treatment, advanced trauma
management, emergency surgery, and
resuscitative care.
(B) Emergency and specialty surgery,
intensive care, medical specialty care, and
related services.
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities
participating in the National Disaster Medical System
established pursuant to section 2812 of the Public
Health Service Act (42 U.S.C. 300hh-11), the Veterans
Health Administration, and such other Federal
departments and agencies and nongovermental
organizations as may be determined appropriate by the
Secretary, including with respect to the care services
specified in paragraph (4)(C).
(6) The conduct of existing research and education
activities of the Department of Defense in the field of
health sciences.
(7) The conduct of public health and global health
activities not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program
Account under section 1100 of title 10, United States
Code.
(d) Interim Briefing.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the method by
which the Secretary intends to update prior studies as required
pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall--
(1) provide to the Committees on Armed Services of
the House of Representatives and the Senate a final
briefing on the implementation of this section; and
(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate a report
containing the updates to prior studies required
pursuant to subsection (a), including each of the
elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS
OF EXPOSURE TO OPEN BURN PITS AND OTHER
ENVIRONMENTAL HAZARDS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential
improvements to activities of the Department of Defense
to reduce the effects of environmental exposures with
respect to members of the Armed Forces; and
(2) develop an action plan to implement such
improvements assessed under paragraph (1) as the
Secretary considers appropriate.
(b) Elements.--The capability assessment required by
subsection (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health
assessments, the following:
(A) An assessment of the feasibility and
advisability of adding additional screening
questions relating to environmental and
occupational exposures to current health
assessments of members of the Armed Forces
conducted by the Secretary of Defense,
including pre- and post-deployment assessments
and pre-separation assessments.
(B) An assessment of the potential value and
feasibility of regularly requiring spirometry
or other pulmonary function testing pre- and
post-deployment for all members, or selected
members, of the Armed Forces.
(2) With respect to the conduct of outreach and
education, the following:
(A) An evaluation of clinician training on
the health effects of airborne hazards and how
to document exposure information in health
records maintained by the Department of Defense
and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current
actions by the Secretary of Defense and the
Secretary of Veterans Affairs to increase
awareness among members of the Armed Forces and
veterans of the purposes and uses of the
Airborne Hazards and Open Burn Pit Registry and
the effect of a potential requirement that
individuals meeting applicable criteria be
automatically enrolled in the registry unless
such individuals opt out of enrollment.
(C) An assessment of operational plans for
deployment with respect to the adequacy of
educational activities for, and evaluations of,
performance of command authorities, medical
personnel, and members of the Armed Forces on
deployment on anticipated environmental
exposures and potential means to minimize and
mitigate any adverse health effects of such
exposures, including through the use of
monitoring, personal protective equipment, and
medical responses.
(D) An evaluation of potential means to
improve the education of health care providers
of the Department of Defense with respect to
the diagnosis and treatment of health
conditions associated with environmental
exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to
strengthen tactics, techniques, and procedures
used in deployment operations to document--
(i) specific locations where members
of the Armed Forces served;
(ii) environmental exposures in such
locations; and
(iii) any munitions involved during
such service in such locations.
(B) An assessment of potential improvements
in the acquisition and use of wearable
monitoring technology and remote sensing
capabilities to record environmental exposures
by geographic location.
(C) An analysis of the potential value and
feasibility of maintaining a repository of
frozen soil samples from each deployment
location to be later tested as needed when
concerns relating to environmental exposures
are identified.
(4) With respect to the use of the Individual
Longitudinal Exposure Record, the following:
(A) An assessment of feasibility and
advisability of recording individual clinical
diagnosis and treatment information in the
Individual Longitudinal Exposure Record to be
integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making the
Individual Longitudinal Exposure Record
operationally capable and accessible to
members of the Armed Forces and
veterans by 2023; and
(ii) the integration of data from the
Individual Longitudinal Exposure Record
with the electronic health records of
the Department of Defense and the
Department of Veterans Affairs.
(C) An assessment of the feasibility and
advisability of making such data accessible to
the surviving family members of members of the
Armed Forces and veterans.
(5) With respect to the conduct of research, the
following:
(A) An assessment of the potential use of the
Airborne Hazards and Open Burn Pit Registry for
research on monitoring and identifying the
health consequences of exposure to open burn
pits.
(B) An analysis of options for increasing the
amount and the relevance of additional research
into the health effects of open burn pits and
effective treatments for such health effects.
(C) An evaluation of potential research of
biomarker monitoring to document environmental
exposures during deployment or throughout the
military career of a member of the Armed
Forces.
(D) An analysis of potential organizational
strengthening with respect to the management of
research on environmental exposure hazards,
including the establishment of a joint program
executive office for such management.
(E) An assessment of the findings and
recommendations of the 2020 report by the
National Academies of Science, Engineering, and
Medicine titled ``Respiratory Health Effects of
Airborne Hazards Exposures in the Southwest
Asia Theater of Military Operations''.
(6) An evaluation of such other matters as the
Secretary of Defense determines appropriate to ensure a
comprehensive review of activities relating to the
effects of exposure to open burn pits and other
environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) submit to the Committees on Armed Services of the
House of Representatives and the Senate the action plan
required by subsection (a)(2); and
(2) provide to such committees a briefing on the
results of the capability assessment required by
subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established under section
201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
(2) The term ``environmental exposure'' means an
exposure to an open burn pit or other environmental
hazard, as determined by the Secretary of Defense.
(3) The term ``open burn pit'' has the meaning given
that term in section 201(c) of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of
Defense shall conduct a comprehensive review of the medical
training for health care professionals furnishing medical care
to individuals undergoing Navy Sea, Air, and Land (SEAL)
training, the quality assurance mechanisms in place with
respect to such care, and the efforts to mitigate health stress
of individuals undergoing such training.
(b) Elements.--The review under subsection (a) shall include
the following elements:
(1) A review of the policies for improved medical
care of individuals undergoing Navy SEAL training and
quality assurance with respect to such care.
(2) A review of sleep deprivation practices
implemented with respect to Navy SEAL training,
including an identification of when such practices were
initially implemented and how frequently such practices
are updated.
(3) An assessment of the policies and rules relating
to the use of performance enhancing drugs by
individuals undergoing Navy SEAL training.
(4) An assessment of the oversight of health care
professionals (including enlisted and officer medical
personnel, civilian employees of the Department of
Defense, and contractors of the Department) with
respect to the provision by such professionals of
health care services to individuals undergoing Navy
SEAL training.
(5) A review and assessment of deaths, occurring
during the twenty-year period preceding the date of the
review, of individuals who were undergoing Navy SEAL
training at the time of death.
(6) A review of ongoing efforts and initiatives to
ensure the safety of individuals undergoing Navy SEAL
training and to prevent the occurrence of long-term
injury, illness, and death among such individuals.
(7) An assessment of the role of nutrition in Navy
SEAL training.
(c) Interim Briefing.--Not later than March 1, 2023, the
Inspector General of the Department of Defense shall provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on how the Inspector
General plans to conduct the review under subsection (a),
including with respect to each element specified in subsection
(b).
(d) Final Report.--Not later than one year after the date of
the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a final
report on the completion of the review under subsection (a),
including recommendations of the Inspector General developed as
a result of such review.
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH MILITARY
DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years,
the Secretary of Defense, in coordination with the Secretaries
of the military departments, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on the composition of the medical personnel of each
military department and related matters.
(b) Elements.--Each report under subsection (a) shall include
the following:
(1) With respect to each military department, the
following:
(A) An identification of the number of
medical personnel of the military department
who are officers in a grade above O-6.
(B) An identification of the number of such
medical personnel who are officers in a grade
below O-7.
(C) A description of any plans of the
Secretary to--
(i) reduce the total number of such
medical personnel; or
(ii) eliminate any covered position
for such medical personnel.
(D) A recommendation by the Secretary for the
number of covered positions for such medical
personnel that should be required for purposes
of maximizing medical readiness (without regard
to current statutory limitations, or potential
future statutory limitations, on such number),
presented as a total number for each military
department and disaggregated by grade.
(2) An assessment of the grade for the position of
the Medical Officer of the Marine Corps, including--
(A) a comparison of the effects of filling
such position with an officer in the grade of
O-6 versus an officer in the grade of O-7;
(B) an assessment of potential issues
associated with the elimination of such
position; and
(C) a description of any potential effects of
such elimination with respect to medical
readiness.
(3) An assessment of all covered positions for
medical personnel of the military departments,
including the following:
(A) The total number of authorizations for
such covered positions, disaggregated by--
(i) whether the authorization is for
a position in a reserve component; and
(ii) whether the position so
authorized is filled or vacant.
(B) A description of any medical- or health-
related specialty requirements for such covered
positions.
(C) For each such covered position, an
identification of the title and geographic
location of, and a summary of the
responsibility description for, the position.
(D) For each such covered position, an
identification of the span of control of the
position, including with respect to the highest
grade at which each such position has been
filled.
(E) An identification of any downgrading,
upgrading, or other changes to such covered
positions occurring during the 10-year period
preceding the date of the report, and an
assessment of whether any such changes have
resulted in the transfer of responsibilities
previously assigned to such a covered position
to--
(i) a position in the Senior
Executive Service or another executive
personnel position; or
(ii) a position other than a covered
position.
(F) A description of any officers in a grade
above O-6 assigned to the Defense Health
Agency, the Office of the Assistant Secretary
of Defense for Health Affairs, the Joint Staff,
or any other position within the military
health system.
(G) A description of the process by which the
positions specified in subparagraph (F) are
validated against military requirements or
similar billet justification processes.
(H) A side-by-side comparison demonstrating,
across the military departments, the span of
control and the responsibilities of covered
positions for medical personnel of each
military department.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be
presented as a total number and disaggregated by each medical
component of the respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position
for an officer in a grade above O-6.
(2) The term ``officer'' has the meanings given that
term in section 101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical
Corps, Dental Corps, Nurse Corps, Medical
Service Corps, Veterinary Corps, and Army
Medical Specialist Corps;
(B) in the case of the Air Force, members
designated as medical officers, dental
officers, Air Force nurses, medical service
officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical
Corps, Dental Corps, Nurse Corps, and Medical
Service Corps.
(4) The term ``medical personnel'' has the meaning
given such term in section 115a(e) of title 10, United
States Code.
(5) The term ``military department'' has the meaning
given that term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON
OPERATIONAL TEMPO AND PHYSICAL AND MENTAL HEALTH OF
MEMBERS OF THE ARMED FORCES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on the effects of
low recruitment and retention on the Armed Forces.
(b) Matters.--The report under subsection (a) shall include
an assessment of the following:
(1) The effect of low recruitment on the tempo for
operational units during the previous five years,
including with respect to deployed units and units in
pre-deployment training.
(2) Whether the rate of operational tempo during the
pervious five years has affected the retention of
members of the Armed Forces, including with respect to
deployed units and units in pre-deployment training.
(3) How the rate of operational tempo during the
previous five years has affected the number of mental
health visits of members of the Armed Forces serving in
such units.
(4) How the rate of operational tempo during the
pervious five years has affected the number of suicides
occurring within such units.
(5) Whether the rate of operational tempo during the
pervious five years has affected the number of
musculoskeletal and related injuries incurred by
members of the Armed Forces serving in such units.
(6) The type or types of military occupational
specialties most affected by low recruitment.
(7) Lessons learned in the process of gathering data
for the report under this section.
(8) Any policy or legislative recommendations to
mitigate the effect of low recruitment on the
operational tempo of the Armed Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE
PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate
guidance on the implementation through the TRICARE program of--
(1) education on healthy relationships and intimate
partner violence; and
(2) protocols for--
(A) the routine assessment of intimate
partner violence and sexual assault; and
(B) the promotion of, and strategies for,
trauma-informed care plans.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the implementation
of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
following:
(1) The feasibility and advisability of implementing
reforms related to suicide prevention among members of
the Armed Forces as follows:
(A) Eliminating mental health history as a
disqualifier for service in the Armed Forces,
including by eliminating restrictions related
to mental health history that are specific to
military occupational specialties.
(B) Requiring comprehensive and in-person
annual mental health assessments of members of
the Armed Forces.
(C) Requiring behavioral health providers
under the TRICARE program, including providers
contracted through such program, to undergo
evidence-based and suicide-specific training.
(D) Requiring leaders at all levels of the
Armed Forces to be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk
factors.
(iii) Evidence-based, suicide-
specific interventions.
(iv) Effectively communicating with
medical and behavioral health
providers.
(v) Communicating with family
members, including extended family
members who are not co-located with a
member of the Armed Forces, on support
and access to resources for members of
the Armed Forces and the dependents
thereof.
(E) Requiring mandatory referral to Warriors
in Transition programs, or other transitional
programs, for members of the Armed Forces who
are eligible for such programs.
(2) Recommendations for additional legislative
actions necessary to further enhance or expand suicide
prevention efforts of the Department of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning
given that term in section 1072 of title 10, United
States Code.
(2) The term ``Warriors in Transition program'' has
the meaning given that term in section 738(e) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions.
Sec. 816. Modification of provision relating to determination of certain
activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due
to inflation impacts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills program.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 842. Modification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E--Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement
of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 857. Procurement requirements relating to rare earth elements and
strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing
and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical
supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain
critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business
programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G--Other Matters
Sec. 881. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN
OVERCOMING OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code,
is amended by inserting after section 1742 the following new
section:
``Sec. 1743. Awards to recognize members of the acquisition workforce
``(a) Establishment.--The President of the Defense
Acquisition University shall establish two programs to provide
awards to recognize members of the acquisition workforce as
follows:
``(1) An award of not more than $5,000 to such
members who use an iterative writing process to
document a first-hand account of using independent
judgment to overcome an obstacle the member faced while
working within the defense acquisition system (as
defined in section 3001 of this title).
``(2) An award of not more than $5,000 to such
members who make the best use of the flexibilities and
authorities granted by the Federal Acquisition
Regulation and Department of Defense Instruction
5000.02 (Operation of the Defense Acquisition System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense
Acquisition University may make not more than five
awards under subsection (a)(1) and one award under
subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition
workforce may receive one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the
acquisition workforce desiring an award under
subsection (a)(1) shall submit to the President of the
Defense Acquisition University the first-hand account
described in such subsection. Such first-hand account
shall demonstrate--
``(A) an original and engaging idea
documenting the use of independent judgment to
overcome an obstacle the recipient faced while
working within the defense acquisition system;
and
``(B) the use of an iterative writing
process, including evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from
diverse perspectives; and
``(iii) editing to achieve plain
writing (as defined in section 3 of the
Plain Writing Act of 2010 (5 U.S.C. 301
note)).
``(2) Website.--The President of the Defense
Acquisition University shall establish and maintain a
website to serve as a repository for submissions made
under paragraph (1). Such website shall allow for
public comments and discussion.
``(d) Requirements for Flexibility Award.--A member of the
acquisition workforce desiring an award under subsection (a)(2)
shall submit to the President of the Defense Acquisition
University documentation that such member uses approaches to
program management that emphasize innovation and local
adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal
Acquisition Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and
practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition
flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from
the Defense Acquisition Workforce Development Account to carry
out this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after section
1742 the following new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) Conforming Amendment.--Section 834 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task
or delivery orders for architectural and engineering
services issued under section 3403 or 3405 of this
title shall be qualification-based selections executed
in accordance with chapter 11 of title 40.
``(2) Multiple award contracts.--When issuing a task
or delivery order for architectural and engineering
services under a multiple award contract, the head of
an agency may not routinely request additional
information relating to qualifications from the
contractor for such multiple award contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR WEAPON
SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons
Systems.--Section 3455(b) of title 10, United States Code is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by inserting ``(1)'' before ``A subsystem of a
major weapon system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined
in section 103(1) of title 41) and that has not been previously
determined commercial in accordance with section 3703(d) of
this title, the offeror shall--
``(i) identify the comparable commercial product the
offeror sells to the general public or nongovernmental
entities that serves as the basis for the `of a type'
assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type'
assertion of the physical characteristics and
functionality between the subsystem and the comparable
commercial product identified under clause (i); and
``(iii) provide to the contracting officer the
National Stock Number for both the comparable
commercial product identified under clause (i), if one
is assigned, and the subsystem, if one is assigned.
``(B) If the offeror does not sell a comparable commercial
product to the general public or nongovernmental entities for
purposes other than governmental purposes that can serve as the
basis for an `of a type' assertion with respect to the
subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in
writing that it does not so sell such a
comparable commercial product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of
the `of a type' assertion of the physical
characteristics and functionality between the
subsystem and the most comparable commercial
product in the commercial marketplace, to the
extent reasonably known by the offeror; and
``(ii) subparagraph (A) shall not apply with respect
to the offeror for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--
Section 3455(c)(2) of such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial
(as defined in section 103(1) of title 41) and that has not
previously been determined commercial in accordance with
section 3703(d) of this title, the offeror shall--
``(i) identify the comparable commercial product the
offeror sells to the general public or nongovernmental
entities that serves as the basis for the `of a type'
assertion;
``(ii) submit to the contracting officer a comparison
necessary to serve as the basis of the `of a type'
assertion of the physical characteristics and
functionality between the component or spare part and
the comparable commercial product identified under
clause (i); and
``(iii) provide to the contracting officer the
National Stock Number for both the comparable
commercial product identified under clause (i), if one
is assigned, and the component or spare part, if one is
assigned.
``(B) If the offeror does not sell a comparable commercial
product to the general public or nongovernmental entities for
purposes other than governmental purposes that can serve as the
basis for an `of a type' assertion with respect to the
component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in
writing that it does not so sell such a
comparable commercial product; and
``(II) provide to the contracting officer a
comparison necessary to serve as the basis of
the `of a type' assertion of the physical
characteristics and functionality between the
component or spare part and the most comparable
commercial product in the commercial
marketplace, to the extent reasonably known by
the offeror; and
``(ii) subparagraph (A) shall not apply with respect
to the offeror for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section
3455(d) of such title is amended--
(1) in the subsection heading, by inserting after
``Submitted'' the following: ``for Procurements That
Are Not Covered by the Exceptions in Section 3703(a)(1)
of This Title'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A),
by striking ``the contracting officer shall
require the offeror to
submit--'' and inserting ``the offeror shall,
in accordance with paragraph (4), submit to the
contracting officer or provide the contracting
officer access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative
sample, as determined by the
contracting officer, of the'' before
``prices paid''; and
(ii) by inserting ``, and the terms
and conditions of such sales'' after
``Government and commercial
customers'';
(C) in subparagraph (B), by striking
``information on--'' and all that follows and
inserting the following: ``a representative
sample, as determined by the contracting
officer, of the prices paid for the same or
similar commercial products sold under
different terms and conditions, and the terms
and conditions of such sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if
the contracting officer''; and
(ii) by inserting after
``reasonableness of price'' the
following: ``because either the
comparable commercial products provided
by the offeror are not a valid basis
for a price analysis or the contracting
officer determines the proposed price
is not reasonable after evaluating
sales data, and the contracting officer
receives the approval described in
paragraph (5)''; and
(3) by adding at the end the following new
paragraphs:
``(4)(A) An offeror may redact data information submitted or
made available under subparagraph (A) or (B) of paragraph (1)
with respect to sales of an item acquired under this section
only to the extent necessary to remove information individually
identifying government customers, commercial customers
purchasing such item for governmental purposes, and commercial
customers purchasing such item for commercial, mixed, or
unknown purposes.
``(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall
certify in writing to the contracting officer whether the
customer is a government customer, a commercial customer
purchasing the item for governmental purpose, or a commercial
customer purchasing the item for a commercial, mixed, or
unknown purpose.
``(5) A contracting officer may not require an offeror to
submit or make available information under paragraph (1)(C)
without approval from a level above the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of
other obligations under any other law or regulation to disclose
and support the actual rationale of the offeror for the price
proposed by the offeror to the Government for any good or
service.''.
(d) Applicability.--Section 3455 of such title is amended by
adding at the end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall
apply only with respect to subsystems described in
subsection (b) and components or spare parts described
in subsection (c), respectively, that the Department of
Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph
(2).
``(2) Subcontract described.--A subcontract described
in this paragraph is a subcontract through which the
Department of Defense acquires a subsystem or component
or spare part proposed as commercial (as defined in
section 103(1) of title 41) under this section and that
has not previously been determined commercial in
accordance with section 3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED
UNDER SPECIFIED HIGH-PRIORITY CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition
Authority.--Chapter 253 of part V of title 10, United States
Code, is amended to read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of capabilities
needed in response to urgent operational needs or vital
national security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent
operational needs or vital national security
interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall
prescribe procedures for the urgent acquisition and
deployment of capabilities needed in response to urgent
operational needs. The capabilities for which such
procedures may be used in response to an urgent
operational need are those--
``(A) that, subject to such exceptions as the
Secretary considers appropriate for purposes of
this section--
``(i) can be fielded within a period
of two to 24 months;
``(ii) do not require substantial
development effort;
``(iii) are based on technologies
that are proven and available; and
``(iv) can appropriately be acquired
under fixed-price contracts; or
``(B) that can be developed or procured under
a section 804 rapid acquisition pathway.
``(2) Definition.--In this section, the term `section
804 rapid acquisition pathway' means the rapid fielding
acquisition pathway or the rapid prototyping
acquisition pathway authorized under section 804 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed
under subsection (a) shall include the following:
``(1) A process for streamlined communications
between the Chairman of the Joint Chiefs of Staff, the
acquisition community, and the research and development
community, including--
``(A) a process for the commanders of the
combatant commands and the Chairman of the
Joint Chiefs of Staff to communicate their
needs to the acquisition community and the
research and development community; and
``(B) a process for the acquisition community
and the research and development community to
propose capabilities that meet the needs
communicated by the combatant commands and the
Chairman of the Joint Chiefs of Staff.
``(2) Procedures for demonstrating, rapidly
acquiring, and deploying a capability proposed pursuant
to paragraph (1)(B), including--
``(A) a process for demonstrating and
evaluating for current operational purposes the
performance of the capability;
``(B) a process for developing an acquisition
and funding strategy for the deployment of the
capability; and
``(C) a process for making deployment and
utilization determinations based on information
obtained pursuant to subparagraphs (A) and (B).
``(3) A process to determine the disposition of a
capability, including termination (demilitarization or
disposal), continued sustainment, or transition to a
program of record.
``(4) Specific procedures in accordance with the
guidance developed under section 804(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent
Operational Needs.--
``(1) Determination of need for urgent acquisition
and deployment.--(A) In the case of any capability
that, as determined in writing by the Secretary of
Defense, is urgently needed to eliminate a documented
deficiency that has resulted in combat casualties, or
is likely to result in combat casualties, the Secretary
may use the procedures developed under this section in
order to accomplish the urgent acquisition and
deployment of the needed capability.
``(B) In the case of any capability that, as
determined in writing by the Secretary of Defense, is
urgently needed to eliminate a documented deficiency
that impacts an ongoing or anticipated contingency
operation and that, if left unfulfilled, could
potentially result in loss of life or critical mission
failure, the Secretary may use the procedures developed
under this section in order to accomplish the urgent
acquisition and deployment of the needed capability.
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is
urgently needed to eliminate a deficiency that as the
result of a cyber attack has resulted in critical
mission failure, the loss of life, property
destruction, or economic effects, or if left unfilled
is likely to result in critical mission failure, the
loss of life, property destruction, or economic
effects, the Secretary may use the procedures developed
under this section in order to accomplish the urgent
acquisition and deployment of the needed offensive or
defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack'
means a deliberate action to alter, disrupt, deceive,
degrade, or destroy computer systems or networks or the
information or programs resident in or transiting these
systems or networks.
``(2) Designation of senior official responsible.--
(A)(i) Except as provided under clause (ii), whenever
the Secretary of Defense makes a determination under
subparagraph (A), (B), or (C) of paragraph (1) that a
capability is urgently needed to eliminate a deficiency
described in that subparagraph, the Secretary shall
designate a senior official of the Department of
Defense to ensure that the needed capability is
acquired and deployed as quickly as possible, with a
goal of awarding a contract for the acquisition of the
capability within 15 days.
``(ii) Clause (i) does not apply to an acquisition
initiated in the case of a determination by the
Secretary of Defense that funds are necessary to
immediately initiate a project under a section 804
rapid acquisition pathway if the designated official
for acquisitions using such pathway is a service
acquisition executive.
``(B) Upon designation of a senior official under
subparagraph (A) with respect to a needed capability,
the Secretary shall authorize that senior official to
waive any provision of law or regulation described in
subsection (d) that such senior official determines in
writing would unnecessarily impede the urgent
acquisition and deployment of such capability. In a
case in which such capability cannot be acquired
without an extensive delay, the senior official shall
require that an interim solution be implemented and
deployed using the procedures developed under this
section to minimize adverse consequences resulting from
the urgent need.
``(3) Use of funds.--(A) Subject to subparagraph (C),
in any fiscal year in which the Secretary of Defense
makes a determination described in subparagraph (A),
(B), or (C) of paragraph (1) with respect to a
capability, or upon the Secretary making a
determination that funds are necessary to immediately
initiate a project under a section 804 rapid
acquisition pathway based on a compelling national
security need, the Secretary may use any funds
available to the Department of Defense to urgently
acquire and deploy such capability or immediately
initiate such project, respectively, if the
determination includes a written finding that the use
of such funds is necessary to address in a timely
manner the deficiency documented or identified under
such subparagraph (A), (B), or (C) or the compelling
national security need identified for purposes of such
section 804 pathway, respectively.
``(B) The authority provided by this section may only
be used to acquire capability--
``(i) in the case of determinations by the
Secretary under paragraph (1)(A), in an amount
aggregating not more than $200,000,000 during
any fiscal year;
``(ii) in the case of determinations by the
Secretary under paragraph (1)(B), in an amount
aggregating not more than $200,000,000 during
any fiscal year;
``(iii) in the case of determinations by the
Secretary under paragraph (1)(C), in an amount
aggregating not more than $200,000,000 during
any fiscal year; and
``(iv) in the case of a determination by the
Secretary that funds are necessary to
immediately initiate a project under a section
804 rapid acquisition pathway, in an amount
aggregating not more than $50,000,000 during
any fiscal year.
``(C) In exercising the authority under this
section--
``(i) none of the amounts appropriated for
Operation and Maintenance may be used to carry
out this section except for amounts
appropriated for--
``(I) Operation and Maintenance,
Defense-wide;
``(II) Operation and Maintenance,
Army;
``(III) Operation and Maintenance,
Navy;
``(IV) Operation and Maintenance,
Marine Corps;
``(V) Operation and Maintenance, Air
Force; or
``(VI) Operation and Maintenance,
Space Force; and
``(ii) when funds are utilized for
sustainment purposes, this authority may not be
used for more than 2 years.
``(4) Notification to congressional defense
committees.--(A) In the case of a determination by the
Secretary of Defense under subparagraph (A) or (C) of
paragraph (1), the Secretary shall notify the
congressional defense committees of the determination
within 15 days after the date of the determination.
``(B) In the case of a determination by the Secretary
under paragraph (1)(B), the Secretary shall notify the
congressional defense committees of the determination
at least 10 days before the date on which the
determination is effective.
``(C) In the case of a determination by the Secretary
under paragraph (3)(A) that funds are necessary to
immediately initiate a project under a section 804
rapid acquisition pathway, the Secretary shall notify
the congressional defense committees of the
determination within 10 days after the date of the use
of such funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be
acquired.
``(ii) The amount anticipated to be expended
for the acquisition.
``(iii) The source of funds for the
acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a
program (referred to as a `new start program') that has
not previously been specifically authorized by law or
for which funds have not previously been appropriated.
``(F) A notice under this paragraph shall be provided
in consultation with the Director of the Office of
Management and Budget.
``(5) Limitation on officers with authority.--The
authority to make determinations under subparagraph
(A), (B), or (C) of paragraph (1) and under paragraph
(3)(A) that funds are necessary to immediately initiate
a project under a section 804 rapid acquisition
pathway, to designate a senior official responsible
under paragraph (3), and to provide notification to the
congressional defense committees under paragraph (4)
may be exercised only by the Secretary of Defense or
the Deputy Secretary of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described
in subsection (c)(1), the senior official designated in
accordance with subsection (c)(2), with respect to that
designation, may waive any provision of law or
regulation addressing--
``(A) the establishment of a requirement or
specification for the capability to be
acquired;
``(B) the research, development, test, and
evaluation of the capability to be acquired;
``(C) the production, fielding, and
sustainment of the capability to be acquired;
or
``(D) the solicitation, selection of sources,
and award of the contracts for procurement of
the capability to be acquired.
``(2) Limitations.--Nothing in this subsection
authorizes the waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or
criminal penalties; or
``(C) any provision of law governing the
proper expenditure of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under
subsection (b)(2)(A) for demonstrating and evaluating
for current operational purposes the performance of a
capability proposed pursuant to subsection (b)(1)(B)
shall include the following:
``(A) An operational assessment in accordance
with procedures prescribed by the Director of
Operational Test and Evaluation.
``(B) A requirement to provide information
about any deficiency of the capability in
meeting the original requirements for the
capability (as stated in a statement of the
urgent operational need or similar document) to
the deployment decision-making authority.
``(2) Limitation.--The process prescribed under
subsection (b)(2)(A) may not include a requirement for
any deficiency of capability identified in the
operational assessment to be the determining factor in
deciding whether to deploy the capability.
``(3) Director of operational test and evaluation
access.--If a capability is deployed under the
procedures prescribed pursuant to this section, or
under any other authority, before operational test and
evaluation of the capability is completed, the Director
of Operational Test and Evaluation shall have access to
operational records and data relevant to such
capability in accordance with section 139(e)(3) of this
title for the purpose of completing operational test
and evaluation of the capability. Such access shall be
provided in a time and manner determined by the
Secretary of Defense consistent with requirements of
operational security and other relevant operational
requirements.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle A, and at the beginning of part V of
subtitle A, of title 10, United States Code, are each amended
by striking the item relating to chapter 253 and inserting the
following:
``253. Rapid Acquisition Procedures..............................3601''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-
314; 10 U.S.C. 3201 note prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code,
is amended by striking ``section 804(b) of the Ike
Skelton National Defense Authorization Act for Fiscal
Year 2011 (10 U.S.C. 2302 note)'' and inserting
``Department of Defense Instruction 5000.81 (or any
successor instruction), dated December 31, 2019, and
titled `Urgent Capability Acquisition' ''.
(2) Section 8074 of title VIII of the Department of
Defense Appropriations Act, 2022 (division C of Public
Law 117-103; 136 Stat. 193) is amended by striking
``under section 806(c)(4) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note)'' and inserting ``under section
3601(c)(4) of title 10, United States Code,''.
(3) Section 851(f) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 10 U.S.C 3201
note prec.) is amended by striking ``under section 806
of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302
note)'' and inserting ``under section 3601 of title 10,
United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 10 U.S.C. 139 note) is amended by striking
``section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note)'' and inserting ``section 3601 of title 10,
United States Code''.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.
(a) In General.--Section 3862 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``:
certification'';
(2) by redesignating subsection (c) as subsection
(d);
(3) by inserting after subsection (b) the following
new subsection:
``(c) Treatment of Certain Clauses Implementing Executive
Orders.--The unilateral insertion of a covered clause into an
existing Department of Defense contract, order, or other
transaction by a contracting officer shall be treated as a
change directed by the contracting officer pursuant to, and
subject to, the Changes clause of the underlying contract,
order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph
(2)--
(A) in the subsection heading, by striking
``Definition'' and inserting ``Definitions'';
(B) by striking ``section, the term'' and
inserting the following: ``section:
``(1) The term''; and
(C) by adding at the end the following new
paragraphs:
``(2) The term `Changes clause' means the clause
described in part 52.243-4 of the Federal Acquisition
Regulation or any successor regulation.
``(3) The term `covered clause' means any clause
implementing the requirements of an Executive order
issued by the President.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 281 of title 10, United States Code, is
amended by striking the item relating to section 3862 and
inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to implement the requirements of
section 3862 of title 10, United States Code, as amended by
subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise applicable policy guidance on other
transactions to implement the requirements of section 3862 of
title 10, United States Code, as amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), (7), and (8) as subparagraphs (A), (B), (C),
(D), (E), (F), (G), and (J), respectively;
(2) by designating the matter preceding subparagraph
(A), as so redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A),
as so redesignated--
(i) by inserting ``In general.--''
before ``Before granting''; and
(ii) by inserting ``for which the
milestone decision authority has
received views from appropriate
materiel, logistics, or fleet
representatives'' after ``approved life
cycle sustainment plan'';
(B) by amending subparagraph (G), as so
redesignated, to read as follows:
``(G) an intellectual property management
plan for product support, including
requirements for technical data, software, and
modular open system approaches (as defined in
section 4401 of this title);'';
(C) by inserting after subparagraph (G), as
so redesignated, the following new
subparagraphs:
``(H) an estimate of the number of personnel
needed to operate and maintain the covered
system, including military personnel, Federal
employees, contractors, and host nation support
personnel (as applicable);
``(I) a description of opportunities for
foreign military sales; and''; and
(4) by adding at the end of paragraph (1), as so
designated, the following new paragraph:
``(2) Subsequent phases.--Before granting Milestone C
approval (or the equivalent) for the covered system,
the milestone decision authority shall ensure that the
life cycle sustainment plan required by paragraph (1)
for such covered system has been updated to include
views received by the milestone decision authority from
appropriate materiel, logistics, or fleet
representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title
10, United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8);
and
(2) by inserting after paragraph (6) the following
new paragraph:
``(7) Milestone c approval.--The term `Milestone C
approval' has the meaning given that term in section
4172(e)(8) of this title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM REPRISAL
FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or
subcontractor'' and inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor''; and
(B) in paragraph (3)(A), by striking ``or
subcontractor'' and inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'';
(2) in subsection (b)(1), by striking ``contractor
concerned'' and inserting ``contractor, subcontractor,
grantee, subgrantee, or personal services contractor
concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking
``contractor concerned'' and inserting
``contractor, subcontractor, grantee,
subgrantee, or personal services
contractor concerned'';
(ii) in subparagraph (A), by
inserting ``, subcontractor, grantee,
subgrantee, or personal services
contractor'' after ``contractor'';
(iii) in subparagraph (B), by
inserting ``, subcontractor, grantee,
subgrantee, or personal services
contractor'' after ``contractor'';
(iv) in subparagraph (C), by
inserting ``, subcontractor, grantee,
subgrantee, or personal services
contractor'' after ``contractor''; and
(v) by inserting at the end the
following new subparagraph:
``(D) Consider disciplinary or corrective
action against any official of the Department
of Defense.''; and
(B) in paragraph (2), by inserting ``,
subcontractor, grantee, subgrantee, or personal
services contractor'' after ``contractor'';
(4) in subsection (d), by striking ``and
subcontractors'' and inserting ``, subcontractors,
grantees, subgrantees, or personal services
contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A),
by striking ``or grantee of'' and inserting
``grantee, subgrantee, or personal services
contractor of''; and
(B) in subparagraph (B), by striking ``or
grantee'' and inserting ``grantee, or
subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants''
after ``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or
subgrantee'' and inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor''; and
(C) in paragraph (3), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee
concerned'' and inserting ``subgrantee, or personal
services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking ``or
subgrantee concerned'' and inserting
``subgrantee, or personal services
contractor concerned'';
(ii) in subparagraph (A), by striking
``or subgrantee'' and inserting
``subgrantee, or personal services
contractor'';
(iii) in subparagraph (B), by
striking ``or subgrantee'' and
inserting ``subgrantee, or personal
services contractor'';
(iv) in subparagraph (C), by striking
``or subgrantee'' and inserting
``subgrantee, or personal services
contractor''; and
(v) by inserting at the end the
following new subparagraph:
``(D) Consider disciplinary or corrective action
against any official of the executive agency, if
appropriate.''; and
(B) in paragraph (2), by striking ``or
subgrantee'' and inserting ``subgrantee, or
personal services contractor'';
(4) in subsection (d), by striking ``and
subgrantees'' and inserting ``subgrantees, and personal
services contractors''; and
(5) in subsection (f), by striking ``or subgrantee''
each place it appears and inserting ``subgrantee, or
personal services contractor''.
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) In General.--Section 818 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364) is amended by adding at the end the following new
subsection:
``(f) Conditions With Respect to Certain Low-rate Initial
Production.--
``(1) In general.--The number of low-rate initial
production lots associated with a major defense
acquisition program may not be more than one if--
``(A) the milestone decision authority
authorizes the use of a fixed-price type
contract at the time of a decision on Milestone
B approval; and
``(B) the scope of the work of the fixed-
price type contract includes both the
development and low-rate initial production of
items for such major defense acquisition
program.
``(2) Waiver.--The limitation in paragraph (1) may be
waived by the applicable service acquisition executive
or a designee of such executive if--
``(A) such waiver authority is not delegated
to the level of the contracting officer; and
``(B) written notification of a granted
waiver, including the associated rationale, is
provided to the congressional defense
committees not later than 30 days after
issuance of the waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production'
has the meaning given under section 4231 of
title 10, United States Code.
``(B) The term `milestone decision authority'
has the meaning given in section 4211 of title
10, United States Code.
``(C) The term `major defense acquisition
program' has the meaning given in section 4201
of title 10, United States Code.
``(D) The term `Milestone B approval' has the
meaning given in section 4172(e) of title 10,
United States Code.''.
(b) Modification of Regulations.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulation and any applicable
regulations regarding the use of fixed-price type contracts for
a major defense acquisition program (as defined in section 4201
of title 10, United States Code) to carry out this section and
the amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a
defense acquisition reporting system to replace the
requirements of section 4351 of title 10, United States Code,
as soon as practicable but not later than June 30, 2023.
(b) Elements.--The reporting system required under subsection
(a) shall--
(1) produce the information necessary to carry out
the actions specified in chapter 325 of title 10,
United States Code;
(2) produce the information necessary to carry out
the actions specified in sections 4217 and 4311 of the
Atomic Energy Defense Act (50 U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the
demonstration carried out under subsection (b)
of section 805 of the National Defense
Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1816); and
(B) the plans required under subsection (c)
of such section (Public Law 117-81; 135 Stat.
1817);
(4) provide the congressional defense committees and
other designated Government entities with access to
acquisition reporting that is updated on a not less
than quarterly basis; and
(5) include such other information and functions as
the Secretary of Defense determines appropriate to
support the acquisition reporting needs of the
Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended--
(1) in section 4217(a)(2), by inserting ``or any
successor system,'' after ``United States Code,''; and
(2) in section 4311(a)(2), by inserting ``or any
successor system,'' after ``United States Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED
REPORTING ON PROPOSED CANCELLATIONS AND
MODIFICATIONS TO MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) A detailed explanation of the rationale for the
proposed cancellation or covered modification of the
multiyear contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND
RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States
Code, is amended--
(1) in the section heading, by striking
``initiatives'' and inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears
and inserting ``efforts'';
(3) in subsection (a), by striking ``through 2023''
and inserting ``through 2026''; and
(4) in subsection (c), in the subsection heading, by
striking ``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 203 of title 10, United States Code, is
amended in the item relating to section 3072 by striking
``initiatives'' and inserting ``efforts''.
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by
striking subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and
Commercial Services Using General Solicitation Competitive
Procedures.--Section 3458(c)(2) of title 10, United States
Code, is amended by striking ``fixed-price incentive fee
contracts'' and inserting ``fixed-price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve
Mission Performance.--Section 832 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 1746 note) is amended by striking ``fixed-price
incentive fee contracts'' and inserting ``fixed-price incentive
contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH
REQUESTS FOR MULTIYEAR PROCUREMENT AUTHORITY FOR
LARGE DEFENSE ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is
amended--
(1) by striking ``shall include'' and all that
follows through ``(A) A report'' and inserting ``shall
include in the request a report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF
CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023''
and inserting ``2022 through 2024''; and
(2) in subsection (b), by striking ``September 30,
2023'' and inserting ``September 30, 2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 4871 note) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following
new subsection:
``(b) Prohibition on Certain Contracts.--The Secretary of
Defense may not enter into a contract (or extend or renew a
contract) on or after October 1, 2024, with an entity that
operates (as determined by the Secretary or the Secretary's
designee) equipment from a covered unmanned aircraft system
company in the performance of a Department of Defense
contract.'';
(3) in subsection (c) (as so redesignated), by
striking ``the restriction under subsection (a) if the
operation or procurement'' and inserting ``any
restrictions under subsection (a) or (b) if the
operation, procurement, or contracting action'';
(4) in subsection (d) (as so redesignated)--
(A) by inserting ``(or the Secretary's
designee)'' after ``The Secretary of Defense'';
(B) by striking ``the restriction'' and all
that follows through ``basis'' inserting ``any
restrictions under subsections (a) or (b)'';
and
(C) by striking ``operation or procurement''
and inserting ``operation, procurement, or
contracting action''; and
(5) in subsection (e) (as so redesignated)--
(A) by amending paragraph (1) to read as
follows:
``(1) Covered foreign country.--The term `covered
foreign country' means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of
Korea.''; and
(B) by adding at the end the following new
paragraph:
``(3) Covered unmanned aircraft system company.--The
term `covered unmanned aircraft system company' means
any of the following:
``(A) Da-Jiang Innovations (or any subsidiary
or affiliate of Da-Jiang Innovations).
``(B) Any entity that produces or provides
unmanned aircraft systems and is included on
Consolidated Screening List maintained by the
International Trade Administration of the
Department of Commerce.
``(C) Any entity that produces or provides
unmanned aircraft systems and--
``(i) is domiciled in a covered
foreign country; or
``(ii) is subject to unmitigated
foreign ownership, control or influence
by a covered foreign country, as
determined by the Secretary of Defense
unmitigated foreign ownership, control
or influence in accordance with the
National Industrial Security Program
(or any successor to such program).''.
(b) Policy Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue policy to--
(1) implement the requirements of section 848 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 4871 note), as amended by
this section, including by establishing a due diligence
process for the Department of Defense to make
determinations required by subsection (b) of such
section 848 (as amended by this section); and
(2) establish an appeal process for any offerors or
awardees with which the Secretary has not entered into
a contract or has not extended or renewed a contract
pursuant to subsection (b) of such section 848 (as
amended by this section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), as
most recently amended by section 1831(j)(7) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-238; 134 Stat. 4217), is further
amended--
(1) in subsection (a)(2), by striking ``of'' before
``chapter 271''; and
(2) in subsection (c), by striking ``January 2,
2023'' and inserting ``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note
prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot
program'' and inserting ``seven-year pilot program'';
and
(2) in subsection (g), by striking ``six years'' and
inserting ``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE ENEMY.
Subtitle E of title VIII of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 10 U.S.C. 4871 note prec.) is
amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding
subparagraph (A), by striking ``2016,
2017, and 2018'' and inserting ``2023,
and annually thereafter''; and
(ii) by adding at the end the
following new subparagraphs:
``(C) Specific examples where the authorities
under this section can not be used to mitigate
national security threats posed by vendors
supporting Department operations because of the
restriction on using such authorities only with
respect to contingency operations.
``(D) A description of the policies ensuring
that oversight of the use of the authorities in
this section is effectively carried out by a
single office in the Office of the Under
Secretary of Defense for Acquisition and
Sustainment.''; and
(B) in subsection (n), by striking ``December
31, 2023'' and inserting ``December 31, 2025'';
and
(2) in section 842(b)(1), by striking ``2016, 2017,
and 2018'' and inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE DEPARTMENT
OF DEFENSE TO CONDUCT CERTAIN REVIEWS.
Section 847(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is
amended--
(1) by striking ``Requirement.--'' and all that
follows through ``Each request'' and inserting
``Requirement.--Each request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF DUE
TO INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of
Public Law 85-804 (50 U.S.C. 1431) is amended--
(1) by striking ``That the President'' and inserting
the following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000''
and inserting ``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of
$25,000,000'' and inserting ``an amount in excess of
$150,000,000''; and
(4) by inserting after subsection (a) (as added by
paragraph (1)) the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and
Options Based on the Impacts of Inflation.--Only amounts
specifically provided by an appropriations Act for the purposes
detailed in subsections (c) and (d) of this section may be used
by the Secretary of Defense to carry out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a
Presidential authorization under subsection (a) and in
accordance with subsection (b)--
``(A) may, notwithstanding subsection (e) of section
2 of this Act (50 U.S.C. 1432(e)), make an amendment or
modification to an eligible contract when, due solely
to economic inflation, the cost to a prime contractor
of performing such eligible contract is greater than
the price of such eligible contract; and
``(B) may not request consideration from such prime
contractor for such amendment or modification.
``(2) A prime contractor may submit to the Secretary of
Defense a request for an amendment or modification to an
eligible contract pursuant to subsection (a) when, due solely
to economic inflation, the cost to a covered subcontractor of
performing an eligible subcontract is greater than the price of
such eligible subcontract. Such request shall include a
certification that the prime contractor--
``(A) will remit to such covered subcontractor the
difference, if any, between the original price of such
eligible contract and the price of such eligible
contract if the Secretary of Defense makes an amendment
or modification pursuant to subsection (a); and
``(B) will not require such covered subcontractor to
pay additional consideration or fees related to such
amendment or modification.
``(3) If a prime contractor does not make the request
described in paragraph (2), a covered subcontractor may submit
to a contracting officer of the Department of Defense a request
for an amendment or modification to an eligible subcontract
when, due solely to economic inflation, the cost to such
covered subcontractor of performing such eligible subcontract
is greater than the price of such eligible subcontract.
``(d) Any adjustment or modification made pursuant to
subsection (c) to an eligible contract or an eligible
subcontract shall--
``(1) be contingent upon the continued performance,
as applicable, of such eligible contract or such
eligible subcontract; and
``(2) account only for the actual cost of performing
such eligible contract or such eligible subcontract,
but may account for indirect costs of performance, as
the Secretary of Defense determines appropriate.
``(e) The authority under subsections (c) and (d) shall be
effective during the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2023 and ending on December 31, 2023.
``(f) In this section:
``(1) The term `covered subcontractor' means a
subcontractor who has entered into an eligible
subcontract with a prime contractor.
``(2) The term `eligible contract' means a contract
awarded to a prime contractor by the Secretary of
Defense pursuant to subsection (a).
``(3) The term `eligible subcontract' means a
subcontract made under an eligible contract to a
covered subcontractor.''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of an Act providing appropriations to carry out
section 1 of Public Law 85-804 (50 U.S.C. 1431) (as added by
subsection (a)), the Under Secretary of Defense for Acquisition
and Sustainment shall issue guidance implementing the authority
under subsections (b) through (d) of section 1 of Public Law
85-804 (50 U.S.C. 1431) (as added by subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR ACQUISITION
WORKFORCE EXCELLENCE.
(a) Participation in the Public-private Talent Exchange
Program.--
(1) In general.--Section 1701a(b) of title 10, United
States Code, is amended--
(A) in paragraph (9)(C), by striking ``and''
at the end;
(B) in paragraph (10), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) ensure the participation in the public-private
talent exchange program established under section 1599g
of this title of up to 250 members of the acquisition
workforce in each fiscal year.''.
(2) Technical amendment.--Section 1701a(b)(2) of
title 10, United States Code, is further amended by
striking ``as defined'' and all that follows through
``this title'' and inserting ``as defined in section
3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of
Defense Field Activities and Defense Agencies.--Section
1701b(e)(2) of title 10, United States Code, is amended to read
as follows:
``(2) Number of positions.--The authority in
subsection (a) may not be used at any one time with
respect to--
``(A) more than five positions, in total, in
Department of Defense Field Activities and
Defense Agencies;
``(B) more than five positions in the Office
of the Secretary of Defense; and
``(C) more than five positions in each
military department.''.
(c) Report on Public-private Talent Exchanges.--Section 1599g
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(k) Report.--Each member of the acquisition workforce that
participates in the program established under this section
shall, upon completion of such participation, submit to the
President of the Defense Acquisition University for inclusion
in the report required under section 1746a(e) a description and
evaluation of such participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as
follows:
``(2) The Secretary of Defense shall ensure the defense
acquisition university structure includes relevant expert
lecturers from extramural institutions (as defined in section
1746a(g) of this title), industry, or federally funded research
and development centers to advance acquisition workforce
competence regarding commercial business interests, acquisition
process-related innovations, and other relevant leading
practices of the private sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively;
(2) in subsection (c), by striking ``commercial
training providers'' and inserting ``extramural
institutions (as defined in section 1746a(g) of this
title)''; and
(3) by adding at the end the following new
subsection:
``(e) President Appointment.--(1) The Under Secretary of
Defense for Acquisition and Sustainment shall appoint the
President of the Defense Acquisition University.
``(2) When determining who to appoint under paragraph (1),
the Under Secretary of Defense for Acquisition and Sustainment
shall, in consultation with the Under Secretary of Defense for
Research and Engineering and the service acquisition
executives, prioritize highly qualified candidates who
demonstrate a combination of the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop
talent in the private sector.
``(C) Other qualifying factors, including experience
with and an understanding of the defense acquisition
system (as defined in section 3001 of this title), an
understanding of emerging technologies and the defense
applications of such technologies, experience
partnering with States, national associations, and
academia, and experience with learning technologies.
``(3) The term of the President of the Defense Acquisition
University shall be not more than five years, unless the Under
Secretary of Defense for Acquisition and Sustainment determines
it necessary to extend the term for up to an additional five
years. The preceding sentence does not apply to the President
of the Defense Acquisition University serving on January 1,
2022.''.
(b) Implementation Report.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a plan to modify the defense acquisition university
structure to comply with section 1746(b)(2) of title 10, United
States Code, as amended by subsection (a). Such plan shall
establish a date of not later than March 1, 2026, for such
modification to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that
follows through ``establish and maintain'' and
inserting the following: ``The Secretary of Defense,
acting through the Under Secretary for Defense for
Acquisition and Sustainment, shall establish and
maintain'';
(2) by designating the text of such section, as
amended by paragraph (1), as subsection (a); and
(3) by adding at the end the following new
subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training
Corps is to target critical skills gaps necessary to achieve
the objectives of the national defense strategies required by
section 113(g) of this title and the national security
strategies required by section 108 of the National Security Act
of 1947 (50 U.S.C. 3043) by preparing students selected for the
Defense Civilian Training Corps for Department of Defense
careers relating to acquisition, digital technologies, critical
technologies, science, engineering, finance, and other civilian
occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of
Defense for Acquisition and Sustainment may leverage the
resources and programs of the acquisition research organization
within a civilian college or university that is described under
section 4142(a) of this title (commonly referred to as the
`Acquisition Innovation Research Center') to carry out the
requirements of this chapter.''.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON, AND
AGREEMENTS WITH, CERTAIN START-UP BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the
date of the enactment of this Act, the Director of the
Acquisition Innovation Research Center shall make
recommendations on one or more curricula for members of
the acquisition workforce on financing and operations
of start-up businesses, which may include the
development of new curricula, the modification of
existing curricula, or the adoption of curricula from
another agency, academia, or the private sector.
(2) Elements.--Courses under curricula recommended
under paragraph (1) shall be offered with varying
course lengths and level of study.
(3) Incentives.--The Secretary of Defense shall
develop a program to offer incentives to a member of
the acquisition workforce that completes a curriculum
developed, modified, or adopted under paragraph (1).
(4) Additional training materials.--In recommending
curricula under paragraph (1), the Director of the
Acquisition Innovation Research Center shall consider
and incorporate appropriate training materials from
university, college, trade-school, or private-sector
curricula in business, law, or public policy.
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall
establish a pilot program under which the Secretary
shall, in accordance with section 1599g of title 10,
United States Code, arrange for the temporary
assignment of--
(A) one or more members of the acquisition
workforce to a start-up business; or
(B) an employee of a start-up business to an
office of the Department of Defense.
(2) Priority.--The Secretary shall prioritize for
participation in the pilot program described under
paragraph (1)(A) members of the acquisition workforce
who have completed a curriculum required under
paragraph (1).
(3) Termination.--The Secretary may not carry out the
pilot program authorized by this subsection after the
date that is three years after the date of the
enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify
existing conferences sponsored by the Department of Defense
that might be expanded to include opportunities for sharing
knowledge and best practices on software acquisition issues.
Such opportunities shall maximize participation between members
of the acquisition workforce, employees of start-up businesses,
and investors in start-up businesses.
(d) Pilot Program.--
(1) Establishment.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of
Defense shall establish a pilot program to test the
feasibility of innovative approaches to negotiating and
establishing intellectual property and data rights in
agreements with start-up businesses for the procurement
of software and software-embedded systems.
(2) Authority.--To the maximum extent practicable,
the Secretary shall--
(A) ensure that a member of the acquisition
workforce who has completed a curriculum
required under subsection (a) is able to
exercise authority to apply an approach
described in paragraph (1); and
(B) provide incentives to such member to
exercise such authority.
(3) Elements.--An approach described in paragraph (1)
shall include the following:
(A) Flexible and tailored requirements
relating to the acquisition and licensing of
intellectual property and data rights in the
software and software-embedded systems to be
acquired under the agreement.
(B) An identification and definition of the
technical interoperability standards required
for such software and software-embedded
systems.
(C) Flexible mechanisms for access and
delivery of code for such software, including
documentation of the costs and benefits of each
such mechanism.
(4) Termination.--The Secretary may not carry out the
pilot program authorized by this subsection after the
date that is 5 years after the date of the enactment of
this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research
Center'' means the acquisition research organization
within a civilian college or university that is
described under section 4142(a) of title 10, United
States Code.
(2) The term ``acquisition workforce'' has the
meaning given in section 101 of title 10, United States
Code.
(3) The term ``start-up business'' means a small
business that has been in existence for 5 years or
less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY SOFTWARE
OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition
University, shall supplement existing training curricula
related to software acquisitions and cybersecurity software or
hardware acquisitions and offer such curricula to covered
individuals to increase digital literacy related to such
acquisitions by developing the ability of such covered
individuals to use technology to identify, critically evaluate,
and synthesize data and information related to such
acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a)
shall provide information on--
(1) cybersecurity, information technology systems,
computer networks, cloud computing, artificial
intelligence, machine learning, distributed ledger
technologies, and quantum technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of
threat reduction, vulnerability reduction, deterrence,
incident response, resiliency, and recovery policies
and activities, including activities relating to
computer network operations, information assurance,
military missions, and intelligence missions to the
extent such activities relate to the security and
stability of cyberspace; and
(4) the industry best practices relating to software
acquisitions and cybersecurity software or hardware
acquisitions.
(c) Plan.--Not later than 180 days after enactment of this
Act, the Secretary of Defense, in consultation with the
President of the Defense Acquisition University, shall submit
to Congress a comprehensive plan to implement the curricula
developed under subsection (a) that includes a comparison with
similar existing training curricula. Such plan shall include a
list of resources required for and costs associated with such
implementation, including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) Implementation.--Not later than one year after the date
on which the plan described in subsection (d) is submitted to
the Committees on Armed Services of the Senate and House of
Representatives, the President of the Defense Acquisition
University shall offer the curricula developed under subsection
(a) to covered individuals.
(e) Report.--Not later than one year after the date on which
the plan described in subsection (d) is submitted to the
Committees on Armed Services of the Senate and House of
Representatives, the Secretary of Defense, in consultation with
the President of the Defense Acquisition University, shall
submit to Congress a report assessing the costs and benefits of
requiring all covered individuals to complete the curricula
developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term
``covered individuals'' means an individual serving in a
position designated under section 1721(b) of title 10, United
States Code, who is regularly consulted for software
acquisitions or cybersecurity software or hardware
acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR INDUSTRIAL
SKILLS PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Industrial Base Analysis and Sustainment program of the
Department of Defense, shall evaluate and further develop
workforce development training programs (as defined by the
Secretary of Defense) for training the skilled industrial
workers (as defined by the Secretary of Defense) that are
needed in the defense industrial base through the National
Imperative for Industrial Skills program of the Department of
Defense (or a successor program).
(b) Priorities.--In carrying out this section, the Secretary
shall prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-
based;
(2) rapidly train skilled industrial workers for
employment with entities in the defense industrial base
faster than traditional workforce development training
programs and at the scale needed to measurably reduce,
as rapidly as possible, the shortages of skilled
industrial workers in the defense industrial base,
including modernization of required equipment and
training curricula;
(3) recruit skilled industrial workers who are
manufacturing workers from underrepresented
communities;
(4) provide students and skilled industrial workers
with the support needed to successfully participate in
the defense industrial base;
(5) address the specific manufacturing requirements
and skills that are unique to critical industrial
sectors of the defense industrial base as defined by
the Secretary of Defense, such as naval shipbuilding;
and
(6) with respect to Federal workforce development
training programs in existence on or before the date of
the enactment of this Act--
(A) maximize the use of such Federal
workforce development training programs; or
(B) expand on the activities of such Federal
workforce development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department
of defense'' and inserting ``Department of Defense'';
and
(2) by adding at the end the following new
subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition
and Sustainment, shall develop guidelines and resources
on the acquisition or licensing of intellectual
property, including--
``(A) intellectual property strategies and
other mechanisms supporting the use of modular
open system approaches (as defined in section
4401(b) of this title);
``(B) evaluation and negotiation of
intellectual property licenses in competitive
and non-competitive awards;
``(C) models and best practices for specially
negotiated licenses, including specially
negotiated licenses described in section
3774(c) of this title; and
``(D) definitions, key terms, examples, and
case studies that clarify differences between--
``(i) detailed manufacturing and
process data;
``(ii) form, fit, and function data;
``(iii) data required for operations,
maintenance, installation, and
training;
``(iv) modular system interfaces (as
defined in section 4401(b) of this
title); and
``(v) technical data pertaining to an
interface between an item or process
and other items or processes necessary
for the segregation of an item or
process from, or the reintegration of
that item or process (or a functionally
equivalent item or process) with, other
items or processes.
``(2) Guidelines and resources limit.--The guidelines
and resources developed under paragraph (1) may not
alter or affect any authority or duty under this
section or section 1707 of this title.
``(3) Review and consultation.--In developing the
guidelines and resources described in paragraph (1),
the Secretary shall--
``(A) review the applicable statutory and
regulatory history, including among the
definitions and key terms in section 3771 of
this title, to ensure consistency; and
``(B) regularly consult with appropriate
government and industry persons and
organizations.
``(4) Training.--The Secretary of Defense shall
ensure that the acquisition workforce receives training
on the guidelines and resources developed under
paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on
production contract or transaction that is
awarded pursuant to subsection (f),'' both
places it appears;
(B) in subparagraph (A)(ii), by striking ``;
and'' and inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(C) may be exercised for a transaction for a
follow-on production contract or transaction that is
awarded pursuant to subsection (f) and expected to cost
the Department of Defense in excess of $100,000,000
(including all options) only if a covered official--
``(i) determines in writing that--
``(I) the requirements of subsection
(d) will be met; and
``(II) the use of the authority of
this section is essential to meet
critical national security objectives;
and
``(ii) notifies the congressional defense
committees in writing of the determinations
required under clause (i) at the time such
authority is exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following
new paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced
Research Projects Agency;
``(C) the Director of the Missile Defense
Agency;
``(D) the Undersecretary of Defense for
Acquisition and Sustainment; or
``(E) the Undersecretary of Defense for
Research and Engineering.''; and
(C) by inserting after paragraph (2), as so
redesignated, the following new paragraph:
``(3) The term `service acquisition executive' has
the meaning given that term in section 101(a) of this
title.''; and
(3) in subsection (f)(2), in the matter preceding
subparagraph (A), by striking ``of section 2304 of this
title,'' and inserting the following: ``of chapter 221
of this title and even if explicit notification was not
listed within the request for proposal for the
transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by
section 842, is further amended--
(1) in subsection (a)(1), by striking ``military
personnel and the supporting'' and inserting
``personnel of the Department of Defense or
improving'';
(2) in subsection (e), by adding at the end the
following new paragraph:
``(5) The term `prototype project' includes a project
that addresses--
``(A) a proof of concept, model, or process,
including a business process;
``(B) reverse engineering to address
obsolescence;
``(C) a pilot or novel application of
commercial technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or
demonstration of operational utility; or
``(F) any combination of subparagraphs (A)
through (E).''; and
(3) by adding at the end the following new
subsection:
``(i) Pilot Authority for Use of Other Transactions for
Installation or Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the
Secretary of a military department may establish a
pilot program under which the Secretary may, under the
authority of this section, carry out prototype projects
that are directly relevant to enhancing the ability of
the Department of Defense to prototype the design,
development, or demonstration of new construction
techniques or technologies to improve military
installations or facilities (as such terms are defined
in section 2801 of this title).
``(2) Limits.--In carrying out prototype projects
under the pilot program established under paragraph
(1)--
``(A) not more than two prototype projects
may begin to be carried out per fiscal year
under such pilot program; and
``(B) the aggregate value of all transactions
entered into under such pilot program may not
exceed $200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in
subparagraph (B), the authority to carry out
prototype projects under the pilot program
established under paragraph (1) shall terminate
on September 30, 2025.
``(B) Ongoing project exception.--
Subparagraph (A) shall not apply with respect
to prototype projects being carried out under
the pilot program established under paragraph
(1) on the date described in subparagraph
(A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting
``that--''
``(1) have'';
(B) by striking ``Defense.'' and inserting
``Defense; or''; and
(C) by adding at the end the following new
paragraph:
``(2) demonstrate management practices that improve
the schedule or performance, reduce the costs, or
otherwise support the transition of technology into
acquisition programs or operational use.'';
(2) in subsection (b), by striking ``of research
results, technology developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire,
support, or stimulate basic, advanced and applied
research, technology development, or prototype
projects'';
(4) in subsection (f), by striking ``section 2304''
and inserting ``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and
(C) as subparagraphs (D) and (E), respectively;
and
(B) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) if applicable, a summary of the
management practice that contributed to an
improvement to schedule or performance or a
reduction in cost relating to the transition of
technology;
``(C) an identification of any program
executive officer (as defined in section 1737
of this title) responsible for implementation
or oversight of research results, technology
development, prototype development, or
management practices (as applicable) for which
an award was made under this section, and a
brief summary of lessons learned by such
program executive officer in carrying out such
implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO ACCELERATE
THE PROCUREMENT AND FIELDING OF INNOVATIVE
TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1835; 10 U.S.C.
4061 note) is amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection:
``(f) Congressional Notification.--The Secretary of Defense
shall notify the congressional defense committees within 30
days after funding has been provided for a proposal selected
for an award under the pilot program established under this
section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until December
31, 2028, the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Chief Information Officer
of the Department of Defense and the Chief Digital and
Artificial Intelligence Officer, shall submit to the
congressional defense committees a report on the following:
(1) A description of covered software delivered
during the fiscal year preceding the date of the report
that is being developed using iterative development,
including a description of the capabilities delivered
for operational use.
(2) For such covered software not developed using
iterative development, an explanation for not using
iterative development and a description of the
development method used.
(3) For such covered software being developed using
iterative development, the frequency with which
capabilities of such covered software were delivered,
disaggregated as follows:
(A) Covered software for which capabilities
were delivered during period of less than three
months.
(B) Covered software for which capabilities
were delivered during period of more than three
months and less than six months.
(C) Covered software for which capabilities
were delivered during period of more than six
months and less than nine months.
(D) Covered software for which capabilities
were delivered during period of more than nine
months and less than 12 months.
(4) With respect to covered software described in
paragraph (3) for which capabilities of such covered
software were not delivered in fewer than 12 months, an
explanation of why such delivery was not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial
Intelligence Officer'' means--
(A) the official designated as the Chief
Digital and Artificial Intelligence Officer of
the Department of Defense pursuant to the
memorandum of the Secretary of Defense titled
``Establishment of the Chief Digital and
Artificial Intelligence Officer'' dated
December 8, 2021; or
(B) if there is no official designated as
such Officer, the official within the Office of
the Secretary of Defense with primary
responsibility for digital and artificial
intelligence matters.
(2) The term ``covered software'' means software that
is being developed that--
(A) was acquired using a software acquisition
pathway established under section 800 of the
National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92); or
(B) is a covered defense business system, as
defined in section 2222(i) of title 10, United
States Code.
(3) The term ``iterative development'' has the
meaning given the term ``agile or iterative
development'' in section 891 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 10
115-91; 131 Stat. 1509; 10 U.S.C. 1746 note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 4801(1) of title 10, United States Code, is amended
by inserting ``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT
OF GOODS OTHER THAN UNITED STATES GOODS.
Section 4864 of title 10, United States Code, as amended by
section 853, is further amended by adding at the end the
following new subsection:
``(l) Periodic Review.--
``(1) Recommendation.--Not later than November 1,
2024, and every five years thereafter, the Under
Secretary of Defense for Acquisition and Sustainment
shall review each item described in subsections (a) and
(e) of this section and submit to the congressional
defense committees, in writing, one of the following
recommendations:
``(A) Recommend continued inclusion of the
item under this section.
``(B) Recommend continued inclusion of the
item under this section with modifications.
``(C) Recommend discontinuing inclusion of
the item under this section.
``(2) Elements.--Each review required under paragraph
(1) shall include, with respect to the five-year period
preceding the date of submission of the written
determination related to such a review, the following
elements:
``(A) The criticality of the item reviewed to
a military unit's mission accomplishment or
other national security objectives.
``(B) The extent to which such item is
fielded in current programs of record.
``(C) The number of such items to be procured
by current programs of record.
``(D) The extent to which cost and pricing
data for such item has been deemed fair and
reasonable.
``(3) Justification.--The written determination
required under paragraph (1) shall also include the
findings of the applicable review conducted under such
paragraph and any key justifications for the
recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS FOR
CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be
Manufactured in the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10,
United States Code, is amended by redesignating
subsection (l) (relating to ``Implementation of
auxiliary ship component limitation'') as subsection
(k).
(2) Components for auxiliary ships.--Paragraph (4) of
section 4864(a) of title 10, United States Code, is
amended--
(A) in the subsection heading, by inserting
``and T-ARC'' after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO
205''.
(b) Regulations.--Not later than June 1, 2023, the Secretary
of Defense shall issue regulations for carrying out section
4864(j) of title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961
of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by
striking ``Director of the Defense Logistics Agency''
and inserting ``Secretary'';
(2) in paragraph (1), by striking ``three'' and
inserting ``four''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A)
by striking ``Director'' and inserting
``Secretary''; and
(B) in subparagraph (A), by inserting ``,
including meetings of an association recognized
under section 4954(f),'' after ``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(f) Association Recognition and Duties.--Eligible entities
that provide procurement technical assistance pursuant to this
chapter may form an association to pursue matters of common
concern. If more than a majority of such eligible entities are
members of such an association, the Secretary shall--
``(1) recognize the existence and activities of such
an association; and
``(2) jointly develop with such association a model
cooperative agreement that may be used at the option of
the Secretary and an eligible entity.''.
(c) Regulations.--Section 4953 of title 10, United States
Code, is amended by inserting ``, and shall consult with an
association recognized under section 4954(f) regarding any
revisions to such regulations'' before the period at the end.
(d) Funding.--Section 4955(a)(1) of title 10, United States
Code, is amended by striking ``$1,000,000'' and inserting
``$1,500,000''.
SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN PROCUREMENTS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) Repeal.--Section 848 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 4651 note prec.) is repealed.
(b) Prohibition on Certain Procurements From the Xinjiang
Uyghur Autonomous Region.--Chapter 363 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 4661. Prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region
``(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by a national defense authorization Act or any
other Act, or otherwise made available for any fiscal year for
the Department of Defense, may be obligated or expended to
knowingly procure any products mined, produced, or manufactured
wholly or in part by forced labor from XUAR or from an entity
that has used labor from within or transferred from XUAR as
part of a `poverty alleviation' or `pairing assistance'
program.
``(b) Definitions.--In this section, the terms `forced labor'
and `XUAR' have the meanings given, respectively, in section
2496 of this title.''.
(c) Clerical Amendment.--The table of contents for such
chapter is amended by adding at the end the following new item:
``4661. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.''.
(d) Policy Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue a policy to require that an offeror or awardee of a
Department of Defense contract shall make a good faith effort
to determine that forced labor from XUAR, as described in
section 4661 of title 10, United States Code (as amended by
subsection (b)), will not be used in the performance of such
contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
(a) In General.--Section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note
prec.) is transferred to subchapter I of chapter 387 of title
10, United States Code, inserted after section 4901, and
redesignated as section 4902.
(b) Amendments.--Section 4902 of title 10, United States
Code, as so transferred and redesignated, is amended--
(1) in the section heading, by striking ``mentor-
protege pilot'' and inserting ``department of defense
mentor-protege'';
(2) in the heading for subsection (a), by striking
``Pilot'';
(3) in subsections (a) and (c), by striking ``pilot''
each place it appears;
(4) in subsection (d)(1)(B)(iii)--
(A) in subclause (I), by striking
``$100,000,000'' and inserting ``$25,000,000'';
and
(B) in subclause (II), by striking
``subsection (k)'' and inserting ``subsection
(j)'';
(5) in subsection (e)(2), by striking ``two years''
each place it appears and inserting ``three years'';
(6) in subsection (f)--
(A) in paragraph (1)(B), by inserting
``manufacturing, test and evaluation,'' after
``inventory control,''; and
(B) in paragraph (6)(B), by striking
``pursuant to'' and all that follows through
the semicolon at the end and inserting
``pursuant to chapter 388 of this title;'';
(7) in subsection (g)(3)(C), by striking ``subsection
(k)'' and inserting ``subsection (j)'';
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively;
(10) by redesignating subsection (o) as subsection
(n);
(11) in subsection (j), as so redesignated--
(A) by striking ``pilot'' each place it
appears;
(B) by striking ``by which mentor firms'' and
inserting ``by which the parties''; and
(C) by striking ``The Secretary shall
publish'' and all that follows through ``270
days after the date of the enactment of this
Act.'';
(12) in paragraph (7)(B) of subsection (k), as so
redesignated, by striking ``pursuant to'' and all that
follows through ``; or'' and inserting ``pursuant to
chapter 388 of this title; or'';
(13) in subsection (l), as so redesignated, by
striking ``subsection (l)'' and inserting ``subsection
(k)'';
(14) by inserting after subsection (l), as so
redesignated, the following new subsection:
``(m) Annual Collection of Performance Data.--The Director of
the Office of Small Business Programs shall--
``(1) maintain outcome-based performance goals and
annually collect data through an automated information
system (if practicable) assessing such goals; and
``(2) conduct an independent review of the Mentor-
Protege Program established under this section at least
once every three years.''; and
(15) by amending subsection (n), as so redesignated,
to read as follows:
``(n) Definitions.--In this section:
``(1) The term `affiliation', with respect to a
relationship between a mentor firm and a protege firm,
means a relationship described under section 121.103 of
title 13, Code of Federal Regulations (or any successor
regulation).
``(2) The term `disadvantaged small business concern'
means a firm that is not more than the size standard
corresponding to its primary North American Industry
Classification System code, is not owned or managed by
individuals or entities that directly or indirectly
have stock options or convertible securities in the
mentor firm, and is--
``(A) a small business concern owned and
controlled by socially and economically
disadvantaged individuals;
``(B) a business entity owned and controlled
by an Indian tribe as defined by section
8(a)(13) of the Small Business Act (15 U.S.C.
637(a)(13));
``(C) a business entity owned and controlled
by a Native Hawaiian Organization as defined by
section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15));
``(D) a qualified organization employing
severely disabled individuals;
``(E) a small business concern owned and
controlled by women, as defined in section
8(d)(3)(D) of the Small Business Act (15 U.S.C.
637(d)(3)(D));
``(F) a small business concern owned and
controlled by service-disabled veterans (as
defined in section 8(d)(3) of the Small
Business Act (15 U.S.C. 637(d)(3)));
``(G) a qualified HUBZone small business
concern (as defined in section 31(b) of the
Small Business Act (15 U.S.C. 657a(b))); or
``(H) a small business concern that--
``(i) is a nontraditional defense
contractor, as such term is defined in
section 3014 of this title; or
``(ii) currently provides goods or
services in the private sector that are
critical to enhancing the capabilities
of the defense supplier base and
fulfilling key Department of Defense
needs.
``(3) The term `historically Black college and
university' means any of the historically Black
colleges and universities referred to in section 2323
of this title, as in effect on March 1, 2018.
``(4) The term `minority institution of higher
education' means an institution of higher education
with a student body that reflects the composition
specified in section 312(b)(3), (4), and (5) of the
Higher Education Act of 1965 (20 U.S.C. 1058(b)(3),
(4), and (5)).
``(5) The term `qualified organization employing the
severely disabled' means a business entity operated on
a for-profit or nonprofit basis that--
``(A) uses rehabilitative engineering to
provide employment opportunities for severely
disabled individuals and integrates severely
disabled individuals into its workforce;
``(B) employs severely disabled individuals
at a rate that averages not less than 20
percent of its total workforce;
``(C) employs each severely disabled
individual in its workforce generally on the
basis of 40 hours per week; and
``(D) pays not less than the minimum wage
prescribed pursuant to section 6 of the Fair
Labor Standards Act (29 U.S.C. 206) to those
employees who are severely disabled
individuals.
``(6) The term `severely disabled individual' means
an individual who is blind (as defined in section 8501
of title 41) or a severely disabled individual (as
defined in such section).
``(7) The term `small business concern' has the
meaning given such term under section 3 of the Small
Business Act (15 U.S.C. 632).
``(8) The term `small business concern owned and
controlled by socially and economically disadvantaged
individuals' has the meaning given such term in section
8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).
``(9) The term `subcontracting participation goal',
with respect to a Department of Defense contract, means
a goal for the extent of the participation by
disadvantaged small business concerns in the
subcontracts awarded under such contract, as
established pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)).''.
(c) Clerical Amendment.--The table of sections for subchapter
I of chapter 387 of title 10, United States Code, is amended by
adding at the end the following new item:
``4902. Department of Defense Mentor-Protege Program.''.
(d) Protege Technical Reimbursement Pilot Program.--
(1) In general.--Not later than July 1, 2023, the
Director of the Office of Small Business Programs of
the Department of Defense (as appointed pursuant to
section 144 of title 10, United States Code) shall
establish a pilot program under which a protege firm
may receive up to 25 percent of the reimbursement for
which the mentor firm of such protege firm is eligible
under the Mentor-Protege Program for a covered activity
described in paragraph (2).
(2) Activity described.--A covered activity under
this paragraph is an engineering, software development,
or manufacturing customization that the protege firm
implements in order to ensure that a technology
developed by the protege firm will be ready for
integration with a program or system of the Department
of Defense.
(3) Definitions.--In this subsection:
(A) The terms ``mentor firm'', ``protege
firm'' have the meanings given under section
4902 of title 10, United States Code, as
amended by this section.
(B) The term ``Mentor-Protege Program'' means
the Mentor-Protege Program established under
section 4902 of title 10, United States Code,
as amended by this section.
(4) Termination.--The pilot program established under
paragraph (1) shall terminate on the date that is five
years after the date on which the pilot program is
established.
(e) Conforming Amendments.--
(1) Buy indian act.--Section 23(a)(2) of the Act of
June 25, 1910 (commonly known as the ``Buy Indian
Act'') (36 Stat. 861, 25 U.S.C. 47(a)(2)) is amended by
striking ``section 831(c) of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302
note; Public Law 101-510)'' and inserting ``section
4902(c) of title 10, United States Code''.
(2) Small business act.--Section 8(d)(12) of the
Small Business Act (15 U.S.C. 637(d)(12)) is amended--
(A) by striking ``the pilot Mentor-Protege
Program established pursuant to section 831 of
the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2301 note)'' and inserting ``the Mentor-Protege
Program established under section 4902 of title
10, United States Code,''; and
(B) by striking ``subsection (g)'' and
inserting ``subsection (f)''.
(f) Regulations.--Not later than December 31, 2023, the
Secretary of Defense shall issue regulations for carrying out
section 4902 of title 10, United States Code, as amended by
this section.
(g) Agreements Under Pilot Program.--The amendments made by
this section shall not apply with respect to any agreement
entered into under the program as established under section 831
of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 104 Stat. 1607) before the date of the
enactment of this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS AND
STRATEGIC AND CRITICAL MATERIALS.
(a) Disclosures Concerning Rare Earth Elements and Strategic
and Critical Materials by Contractors of Department of
Defense.--
(1) Requirement.--Beginning on the effective date of
this subsection, the Secretary of Defense shall--
(A) require that any contractor that provides
to the Department of Defense a system with a
permanent magnet that contains rare earth
elements or strategic and critical materials
disclose, after undertaking a commercially
reasonable inquiry and along with delivery of
the system, the provenance of the magnet; and
(B) safeguard such disclosures in accordance
with applicable classification level required
by the associated programs.
(2) Elements.--A disclosure under paragraph (1) shall
include an identification of the country or countries
in which--
(A) any rare earth elements and strategic and
critical materials used in the magnet were
mined;
(B) such elements and minerals were refined
into oxides;
(C) such elements and minerals were made into
metals and alloys; and
(D) the magnet was sintered or bonded and
magnetized.
(3) Implementation of supply chain tracking system.--
If a contractor cannot make the disclosure required by
paragraph (1) with respect to a system described in
that paragraph, the Secretary shall require the
contractor to establish and implement a supply chain
tracking system in order to make the disclosure to the
fullest extent possible not later than 180 days after
the contractor provides the system to the Department of
Defense. The tracking system shall--
(A) include a description of the efforts
taken by the contractor to date to make the
disclosure required by paragraph (1);
(B) take into account the possible refusal of
certain foreign entities to provide the
contractor the information necessary to make
the disclosure required by paragraph (1); and
(C) require the contractor to report to the
Secretary the name, location, and other
identifying information of any entities which
refuse to provide the contractor with the
information necessary to make the disclosure
required by paragraph (1).
(4) Waivers.--
(A) In general.--The Secretary may waive a
requirement under paragraph (1) or (3) with
respect to a system described in paragraph (1)
for a period of not more than 180 days if the
Secretary certifies to the Committees on Armed
Services of the Senate and the House of
Representatives that--
(i) the continued procurement of the
system is necessary to meet the demands
of a national emergency declared under
section 201 of the National Emergencies
Act (50 U.S.C. 1621); or
(ii) a contractor that cannot
currently make the disclosure required
by paragraph (1) is making significant
efforts to comply with the requirements
of that paragraph.
(B) Waiver renewals.--The Secretary may renew
a waiver as many times as the Secretary
considers appropriate, provided that the
Secretary submits an updated certification to
the committees.
(C) Limitation.--The Secretary may not
delegate this waiver authority below the level
of Assistant Secretary of Defense, a senior
acquisition executive (as defined in section
101(a) of title 10, United States Code), or a
command acquisition executive (as described in
section 167(e)(4)(C) of title 10, United States
Code) or equivalent.
(5) Briefing required.--
(A) In general.--Not later than 30 days after
the submission of each report required by
subsection (c)(3), the Secretary of Defense
shall provide to the Committees on Armed
Services of the Senate and the House of
Representatives a briefing that includes--
(i) a summary of the disclosures made
under this subsection;
(ii) an assessment of the extent of
reliance by the United States on
foreign countries, and especially
countries that are not allies of the
United States, for rare earth elements
and strategic and critical materials;
(iii) a determination with respect to
which systems described in paragraph
(1) are of the greatest concern for
interruptions of supply chains with
respect to rare earth elements and
strategic and critical materials; and
(iv) any suggestions for legislation
or funding that would mitigate security
gaps in such supply chains.
(B) Form.--To the extent practicable, each
briefing required under subparagraph (A) shall
be in an unclassified form, but may contain a
classified annex.
(6) Effective date.--The requirements described in
this subsection shall take effect--
(A) not earlier than 30 months after the date
of enactment of this Act; and
(B) after the Secretary of Defense certifies
to the Committees on Armed Services of the
Senate and the House of Representatives that
the Department has established a process to
ensure that the information collection
requirements of this subsection present no
national security risks, or that any such risks
have been fully mitigated.
(b) Expansion of Restrictions on Procurement of Military and
Dual-use Technologies by Chinese Military Companies.--Section
1211 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 10 U.S.C. 4651 note prec.) is
amended--
(1) in the section heading, by striking ``communist
chinese military companies'' and inserting ``chinese
military companies'';
(2) in subsection (a), by inserting after ``military
company'' the following: ``, any Chinese military
company, any Non-SDN Chinese military-industrial
complex company, or any other covered company'';
(3) by amending subsection (b) to read as follows:
``(b) Goods and Services Covered.--
``(1) In general.--For purposes of subsection (a),
and except as provided in paragraph (2), the goods and
services described in this subsection are goods and
services--
``(A) on the munitions list of the
International Traffic in Arms Regulations; or
``(B) on the Commerce Control List that--
``(i) are classified in the 600
series; or
``(ii) contain strategic and critical
materials, rare earth elements, or
energetic materials used to manufacture
missiles or munitions.
``(2) Exceptions.--Goods and services described in
this subsection do not include goods or services
procured--
``(A) in connection with a visit by a vessel
or an aircraft of the United States Armed
Forces to the People's Republic of China;
``(B) for testing purposes; or
``(C) for purposes of gathering
intelligence.''; and
(4) in subsection (e)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2)
as paragraphs (3) and (5), respectively;
(C) by inserting before paragraph (3), as
redesignated by subparagraph (B), the
following:
``(1) The term `Chinese military company' has the
meaning given that term by section 1260H(d)(1) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 113 note).
``(2) The term `Commerce Control List' means the list
maintained by the Bureau of Industry and Security and
set forth in Supplement No. 1 to part 774 of the Export
Administration Regulations.'';
(D) by inserting after paragraph (3), as so
redesignated, the following:
``(4) The term `Export Administration Regulations'
has the meaning given that term in section 1742 of the
Export Control Reform Act of 2018 (50 U.S.C. 4801).'';
and
(E) by adding at the end the following:
``(6) The term `Non-SDN Chinese military-industrial
complex company' means any entity on the Non-SDN
Chinese Military-Industrial Complex Companies List--
``(A) established pursuant to Executive Order
13959 (50 U.S.C. 1701 note; relating to
addressing the threat from securities
investments that finance Communist Chinese
military companies), as amended before, on, or
after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023;
and
``(B) maintained by the Office of Foreign
Assets Control of the Department of the
Treasury.
``(7) The term `other covered company' means a
company that--
``(A) is owned or controlled by the
government of the People's Republic of China;
and
``(B) is certified by the Secretary of
Defense to the congressional defense committees
to be a company that must be covered by this
section for national security reasons.
``(8) The term `strategic and critical materials'
means materials designated as strategic and critical
under section 3(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98b(a)).''; and
(5) by adding at the end the following new
subsection:
``(f) Effective Date.--With respect to goods and services
described in clause (ii) of subparagraph (b)(1)(B), the
prohibition shall take effect 180 days after the date on which
the Secretary of Defense certifies to the congressional defense
committees that a sufficient number of commercially viable
providers exist outside of the People's Republic of China that
collectively can provide the Department of Defense with
satisfactory quality and sufficient quantity of such goods or
services as and when needed at United States market prices.''.
(c) Review of Compliance With Contracting Requirements.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and periodically
thereafter until the termination date specified in
paragraph (5), the Comptroller General of the United
States shall assess the extent of the efforts of the
Secretary of Defense to comply with the requirements
of--
(A) subsection (a);
(B) section 1211 of the National Defense
Authorization Act for Fiscal Year 2006, as
amended by subsection (b); and
(C) section 4872 of title 10, United States
Code.
(2) Briefing required.--
(A) In general.--The Comptroller General
shall periodically, until the termination date
specified in paragraph (5), provide to the
Committees on Armed Services of the Senate and
the House of Representatives a briefing on the
results of the assessments conducted under
paragraph (1) that includes an assessment of--
(i) the inclusion by the Department
of Defense of necessary contracting
clauses in relevant contracts to meet
the requirements described in
subparagraphs (A), (B), and (C) of
paragraph (1); and
(ii) the efforts of the Department of
Defense to assess the compliance of
contractors with such clauses.
(B) Form.--To the extent practicable, each
briefing required under subparagraph (A) shall
be in an unclassified form, but may contain a
classified annex.
(3) Report required.--
(A) In general.--The Comptroller General
shall, not less frequently than every 2 years
until the termination date specified in
paragraph (5), submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the results of the
assessments conducted under paragraph (1).
(B) Form.--To the extent practicable, each
report required under subparagraph (A) shall be
in an unclassified form, but may contain a
classified annex.
(4) Referral.--If, in conducting an assessment under
paragraph (1), the Comptroller General determines that
a contractor has willfully or recklessly failed to
comply with any of the requirements described in
subparagraphs (A), (B), and (C) of paragraph (1), the
Comptroller General may refer the matter, as
appropriate, for further examination and possible
enforcement actions.
(5) Termination.--The requirements of this subsection
shall terminate on the date that is 5 years after the
date of the enactment of this Act.
(d) Strategic and Critical Materials Defined.--In this
section, the term ``strategic and critical materials'' means
materials designated as strategic and critical under section
3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(a)).
SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING
AND INDUSTRIAL CAPACITY.
(a) Analysis Required.--
(1) In general.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition
and Sustainment and other appropriate officials, shall
review the items under subsection (c) to determine and
develop appropriate actions, consistent with the
policies, programs, and activities required under
subpart I of part V of subtitle A of title 10, United
States Code, chapter 83 of title 41, United States
Code, and the Defense Production Act of 1950 (50 U.S.C.
4501 et seq.), including--
(A) restricting procurement, with appropriate
waivers for cost, emergency requirements, and
non-availability of suppliers, including
restricting procurement to--
(i) suppliers in the United States;
(ii) suppliers in the national
technology and industrial base (as
defined in section 4801 of title 10,
United States Code);
(iii) suppliers in other allied
nations; or
(iv) other suppliers;
(B) increasing investment through use of
research and development or procurement
activities and acquisition authorities to--
(i) expand production capacity;
(ii) diversify sources of supply; or
(iii) promote alternative approaches
for addressing military requirements;
(C) prohibiting procurement from selected
sources or nations;
(D) taking a combination of actions described
under subparagraphs (A), (B), and (C); or
(E) taking no action.
(2) Considerations.--The analyses conducted pursuant
to paragraph (1) shall consider national security,
economic, and treaty implications, as well as impacts
on current and potential suppliers of goods and
services.
(b) Reporting on Analyses, Recommendations, and Actions.--
(1) Briefing required.--Not later than January 15,
2024, the Secretary of Defense shall submit to the
congressional defense committees, in writing--
(A) a summary of the findings of the analyses
undertaken for each item pursuant to subsection
(a);
(B) relevant recommendations resulting from
the analyses; and
(C) descriptions of specific activities
undertaken as a result of the analyses,
including schedule and resources allocated for
any planned actions.
(2) Reporting.--The Secretary of Defense shall
include the analyses conducted under subsection (a),
and any relevant recommendations and descriptions of
activities resulting from such analyses, as
appropriate, in each of the following during the 2024
calendar year:
(A) The annual report or quarterly briefings
to Congress required under section 4814 of
title 10, United States Code.
(B) The annual report on unfunded priorities
of the national technology and industrial base
required under section 4815 of such title.
(C) Department of Defense technology and
industrial base policy guidance prescribed
under section 4811(c) of such title.
(D) Activities to modernize acquisition
processes to ensure the integrity of the
industrial base pursuant to section 4819 of
such title.
(E) Defense memoranda of understanding and
related agreements considered in accordance
with section 4851 of such title.
(F) Industrial base or acquisition policy
changes.
(G) Legislative proposals for changes to
relevant statutes which the Department shall
consider, develop, and submit to the Committee
on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives not less frequently than once
per fiscal year.
(H) Other actions as the Secretary of Defense
determines appropriate.
(c) List of Goods and Services for Analyses, Recommendations,
and Actions.--The items described in this subsection are the
following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system
components (including reduction gears and propellers).
(4) Infrastructure or equipment for a passenger
boarding bridge at a military airport designated by the
Secretary of Transportation under section 47118(a) of
title 49, United States Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for
military applications.
(7) Alternative proteins as sustainable and secure
food sources.
(8) Carbon fiber.
SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR INDUSTRIAL
MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.
(a) Demonstration Exercise Required.--Not later than December
31, 2024, the Secretary of Defense shall conduct a
demonstration exercise of industrial mobilization and supply
chain management planning capabilities in support of one or
more operational or contingency plan use cases, as selected in
consultation with the Chairman of the Joint Chiefs of Staff and
the Under Secretary of Defense for Acquisition and Sustainment.
(b) Elements.--The demonstration exercise required under
subsection (a) shall include the following elements:
(1) Use of a current program that is both fielded and
still in production from each military department,
Defense Agency, and Department of Defense Field
Activity in order to model a notional plan for
mobilization or supply chain management, as associated
with the selected operational or contingency plans.
(2) The exercise of processes and authorities that
support the Department of Defense for industrial
mobilization in support of declared hostilities or
other contingency operations.
(3) The identification of process improvements or
gaps in resources, capabilities, or authorities that
require remediation, including those related to
government or contractor production facilities,
tooling, or workforce development.
(4) The implementation of analytical tools and
processes to monitor and assess the health of the
industrial base and to use near real-time data and
visualization capabilities in making production and
distribution decisions, with an emphasis on
identifying, assessing, and demonstrating commercially
available tools.
(5) The establishment and tracking of goals and
metrics to support institutionalization of defense
industrial base health assessment and planning.
(c) Briefing Required.--Not later than November 1, 2023, the
Secretary shall provide to the congressional defense committees
an interim briefing on the demonstration exercise required
under subsection (a), including--
(1) an identification of the programs and use cases
to be demonstrated;
(2) a description of methodology for executing the
demonstration exercise, including analytical tools or
metrics identified to support the process; and
(3) any preliminary findings.
(d) Assessment.--Not later than March 1, 2025, the Secretary
shall submit to the congressional defense committees a report
assessing the demonstration exercise required under subsection
(a), including a description of--
(1) the programs and use cases considered in this
demonstration exercise;
(2) the outcomes of the activities required under
subsection (b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that
may be required as a result.
(e) Definitions.--In this section, the terms ``military
department'', ``Defense Agency'', and ``Defense Field
Activity'' have the meanings given those terms in section 101
of title 10, United States Code.
SEC. 860. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL
SUPPLY CHAINS.
(a) Risk Management for All Department of Defense
Pharmaceutical Supply Chains.--Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall--
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for
pharmaceutical materiel for the Department;
(2) identify, in coordination with the Secretary of
Health and Human Services, supply chain information
gaps regarding the Department's reliance on foreign
suppliers of drugs, including active pharmaceutical
ingredients and final drug products; and
(3) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
regarding--
(A) existing information streams, if any,
that may be used to assess the reliance by the
Department of Defense on high-risk foreign
suppliers of drugs;
(B) vulnerabilities in the drug supply chains
of the Department of Defense; and
(C) any recommendations to address--
(i) information gaps identified under
paragraph (2); and
(ii) any risks related to such
reliance on foreign suppliers.
(b) Risk Management for Department of Defense Pharmaceutical
Supply Chain.--The Director of the Defense Health Agency
shall--
(1) not later than one year after the issuance of the
guidance required under subsection (a)(1), develop and
publish implementing guidance for risk management for
the Department of Defense supply chain for
pharmaceuticals; and
(2) establish a working group--
(A) to assess risks to the Department's
pharmaceutical supply chain;
(B) to identify the pharmaceuticals most
critical to beneficiary care at military
treatment facilities; and
(C) to establish policies for allocating
scarce pharmaceutical resources of the
Department of Defense in case of a supply
disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES FOR CERTAIN
CRITICAL TECHNOLOGIES.
(a) Strategy.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a comprehensive strategy
to--
(1) increase competitive opportunities available for
appropriate United States companies to transition
critical technologies into major weapon systems and
other programs of record; and
(2) enhance the integrity and diversity of the
defense industrial base.
(b) Elements.--The strategy required under subsection (a)
shall include the following:
(1) A description of methods to increase
opportunities for appropriate United States companies
to develop end items of critical technologies for major
weapon systems, rapidly prototype such end items, and
conduct activities that would support the transition of
such end items into major weapon systems and programs
of record, including--
(A) continuous experimentation or military
utility assessments to improve such end items;
(B) evaluation of how to integrate existing
commercial capabilities relating to such end
items of appropriate United States companies or
entities in the defense industrial base into
major weapon systems and programs of record in
the Department of Defense;
(C) efforts that improve the ability of
appropriate United States companies or entities
in the defense industrial base to maintain,
afford, or manufacture major weapon systems or
components for such systems; and
(D) development of alternative supply sources
for components of a major weapon system to
ensure the availability of component parts and
to support supply chain diversity.
(2) Processes to improve coordination by the military
departments and other elements of the Department of
Defense to carry out the strategy required by this
section.
(c) Definitions.--In this section:
(1) The term ``appropriate United States company''
means--
(A) a nontraditional defense contractor, as
defined in section 3014 of title 10, United
States Code; or
(B) a prime contractor that has entered into
a cooperative agreement with a nontraditional
defense contractor with the express intent to
pursue funding authorized by sections 4021 and
4022 of title 10, United States Code, in the
development, testing, or prototyping of
critical technologies.
(2) The term ``major weapon system'' has the meaning
given in section 3455 of title 10, United States Code.
(3) The term ``critical technology'' means a
technology identified as critical by the Secretary of
Defense, which shall include the following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine
learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.
(a) In General.--Not later than March 1, 2023, and every 180
days thereafter, the each Secretary of a military department
shall ensure that such military department conducts an outreach
event to--
(1) collaborate with the private sector on present
current and future opportunities with respect to key
advanced system development areas;
(2) raise awareness within the private sector of--
(A) key advanced system development areas;
and
(B) capability needs and existing and
potential requirements related to the key
advanced system development areas; and
(3) raise awareness within such military department
of potential material solutions for capability needs
and existing and potential requirements related to key
advanced system development areas.
(b) Responsibilities.--
(1) Service chiefs.--For each event a military
department conducts under subsection (a), the Service
Chief concerned shall, for each key advanced system
development area, perform the following:
(A) Identify related and potentially related
existing, planned, or potential military
requirements, including urgent and emergent
operational needs.
(B) Identify and describe related and
potentially related needs or gaps in the
capabilities of the military department to
carry out the missions of the military
department, including warfighting and combat
support capabilities.
(C) Identify and describe related and
potentially related exercise, demonstration, or
experimentation opportunities.
(2) Acquisition executives.--For each event a
military department conducts under subsection (a), the
service acquisition executive of the military
department conducting the event shall, for each key
advanced system development area, perform the
following:
(A) Identify and describe related and
potentially related existing, planned, or
potential acquisition plans and strategies.
(B) Identify and describe related and
potentially related existing, planned, or
potential funding opportunities, including--
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity
announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to
sections 4004, 4021, and 4022 of title
10, United States Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as
determined appropriate by the service
acquisition executive.
(3) Delegation.--Each Service Chief concerned and
each service acquisition executive may delegate the
authority to carry out the tasks for which such
individuals are responsible under this subsection.
(4) Reviews and coordination.--
(A) Industry day reviews.--Promptly after an
event conducted by a military department under
subsection (a), the service acquisition
executive of such military department shall--
(i) disseminate a written review of
such event as broadly as practicable
within the Department of Defense; and
(ii) make such review publicly
available on a website of the military
department.
(B) Consolidation.--The Secretary of Defense
and the Chairman of the Joint Chiefs of Staff
shall, periodically, jointly review and
consolidate the reviews required by
subparagraph (A) to identify trends, eliminate
redundancy, and enhance efficiency with respect
to events conducted under subsection (a).
(c) Form.--With respect to each event conducted under
subsection (a), the Secretary concerned shall seek to maximize
industry and government participation, while minimizing cost to
the maximum extent practicable, by--
(1) holding the event at an unclassified security
level to the extent practicable;
(2) making the event publicly accessible through
teleconference or other virtual means; and
(3) making supporting materials for the event
publicly available on a website.
(d) Definitions.--In this section:
(1) Military departments; secretary concerned;
service acquisition executive.--The terms ``military
departments'', ``Secretary concerned'', and ``service
acquisition executive'' have the meanings given such
terms in section 101(a) of title 10, United States
Code.
(2) Key advanced system development area.--The term
``key advanced system development area'' means the
following:
(A) For the Department of the Navy--
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile
ocean systems;
(iv) unmanned deployable fixed ocean
systems; and
(v) autonomous unmanned aircraft
systems.
(B) For the Department of the Air Force,
autonomous unmanned aircraft systems.
(C) For the Department of the Army,
autonomous unmanned aircraft systems.
(3) Service chief.--The term ``Service Chief
concerned'' means--
(A) the Chief of Staff of the Army, with
respect to matters concerning the Department of
the Army;
(B) the Chief of Naval Operations and the
Commandant of the Marine Corps, with respect to
matters concerning the Department of the Navy;
and
(C) the Chief of Staff of the Air Force, with
respect to matters concerning the Department of
the Air Force.
Subtitle F--Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Subsection (b) of section 868 of the
National Defense Authorization Act for Fiscal Year 2016 (15
U.S.C. 644 note) is transferred to section 15 of the Small
Business Act (15 U.S.C. 644), inserted after subsection (x),
redesignated as subsection (y), and amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by
striking ``Beginning in'' and all that follows through
``to evaluate'' and inserting ``The Administrator shall
use a scorecard to annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) by striking ``the Federal agency'' each
place it appears and inserting ``a Federal
agency or the Federal Government, as
applicable,'';
(B) in the matter preceding subparagraph
(A)--
(i) by striking ``developed under
paragraph (1)''; and
(ii) by inserting ``and
Governmentwide'' after ``each Federal
agency''; and
(C) in subparagraph (A), by striking
``section 15(g)(1)(B) of the Small Business Act
(15 U.S.C. 644(g)(1)(B))'' and inserting
``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking
``paragraph (3)(A)'' and inserting ``paragraph
(2)(A)''; and
(B) in subparagraph (B), by striking
``paragraph (3)'' and inserting ``paragraph
(2)'';
(7) by inserting after paragraph (3) (as so
redesignated) the following new paragraph:
``(4) Additional requirements for scorecards.--The
scorecard shall include, for each Federal agency and
Governmentwide, the following information with respect
to prime contracts:
``(A) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by women
through sole source contracts and competitions
restricted to small business concerns owned and
controlled by women under section 8(m).
``(B) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by
qualified HUBZone small business concerns
through sole source contracts and competitions
restricted to qualified HUBZone small business
concerns under section 31(c)(2).
``(C) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by
service-disabled veterans through sole source
contracts and competitions restricted to small
business concerns owned and controlled by
service-disabled veterans under section 36.
``(D) The number (expressed as a percentage)
and total dollar amount of awards made to
socially and economically disadvantaged small
business concerns under section 8(a) through
sole source contracts and competitions
restricted to socially and economically
disadvantaged small business concerns,
disaggregated by awards made to such concerns
that are owned and controlled by individuals
and awards made to such concerns that are owned
and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2)
of the Small Business Act (15 U.S.C. 644(h)(2))'' and
inserting ``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to
read as follows:
``(6) Scorecard defined.--In this subsection, the
term `scorecard' means any summary using a rating
system to evaluate the efforts of a Federal agency to
meet goals established under subsection (g)(1)(B)
that--
``(A) includes the measures described in
paragraph (2); and
``(B) assigns a score to each Federal agency
evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small
Business Act (15 U.S.C. 644(x)(2)) is amended by striking
``scorecard described in section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note)''
and inserting ``scorecard (as defined in subsection (y))''.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.
(a) Correction to STTR Disclosure Requirements.--Section
9(g)(13)(D) of the Small Business Act (15 U.S.C. 638(g)(13)(D))
is amended by striking ``of concern''.
(b) Due Diligence Program.--
(1) In general.--Until the date on which the Under
Secretary of Defense for Research and Engineering makes
the certification described in paragraph (2), in
carrying out the due diligence program required under
subsection (vv) of section 9 of the Small Business Act
(15 U.S.C. 638), the Secretary of Defense and each
Secretary of a military department shall perform the
assessments required under such due diligence program--
(A) only with respect to small business
concerns selected by the applicable Secretary
as the presumptive recipient of an award
described in such subsection (vv); and
(B) prior to notifying the small business
concern that the small business concern has
been selected to receive such an award.
(2) Full implementation.--On the date on which the
Under Secretary of Defense for Research and Engineering
certifies to the Committees on Armed Services of the
Senate and the House of Representatives that an
automated capability for performing the assessments
required under the due diligence program required under
subsection (vv) of section 9 of the Small Business Act
(15 U.S.C. 638) with respect to all small business
concerns seeking an award described in such subsection
is operational, paragraph (1) of this subsection shall
sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.
(a) In General.--Section 15(p) of the Small Business Act (15
U.S.C. 644(p)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Bundled or consolidated contract defined.--In
this subsection, the term `bundled or consolidated
contract' has the meaning given in subsection (s).'';
(2) in paragraph (4)--
(A) in the paragraph heading, by striking
``contract bundling'' and inserting ``bundled
or consolidated contracts'';
(B) in subparagraph (A), by striking
``contract bundling'' and inserting ``bundled
or consolidated contracts'';
(C) in subparagraph (B)--
(i) in clause (i), by striking
``bundled contracts'' and inserting
``bundled or consolidated contracts'';
and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking
``bundled contracts'' and
inserting ``bundled or
consolidated contracts'';
(II) in subclause (I), by
striking ``were bundled'' and
inserting ``were included in
bundled or consolidated
contracts''; and
(III) in subclause (II)--
(aa) in the matter
preceding item (aa), by
striking ``bundled
contract'' and
inserting ``bundled or
consolidated
contract'';
(bb) in items (aa),
(dd), and (ee) by
inserting ``or the
consolidation of
contract requirements
(as applicable)'' after
``bundling of contract
requirements'' each
place it appears;
(cc) in item (bb), by
striking ``bundling the
contract requirements''
and inserting ``the
bundling of contract
requirements or the
consolidation of
contract requirements
(as applicable)'';
(dd) in item (cc), by
striking ``the bundled
status of contract
requirements'' and
inserting ``contract
requirements in a
bundled or consolidated
contract''; and
(ee) in item (ee), by
striking ``consolidated
requirements'' and
inserting ``contract'';
and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows through the period at
the end and inserting the following: ``provide to the
Administrator data and information described in
paragraphs (2) and (4).''.
(b) Technical Amendment.--Section 15(p)(2) of the Small
Business Act (15 U.S.C. 644(p)) is amended--
(1) by striking ``Database'' in the paragraph heading
and all that follows through ``Not later'' and
inserting ``Database.--Not later''; and
(2) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
SEC. 874. SMALL BUSINESS INTEGRATION WORKING GROUP.
(a) In General.--Not later than 60 days after the enactment
of this Act, the Secretary of Defense shall issue a charter to
establish a small business integration working group that--
(1) ensures the integration and synchronization of
the activities of the military departments and other
components of the Department of Defense with respect to
small business concerns; and
(2) convenes not fewer than four times per year.
(b) Membership.--The small business integration working group
chartered under subsection (a) shall be comprised of
representatives from each of the following organizations:
(1) The small business office of each military
department.
(2) The Small Business Innovation Research Program
and the Small Business Technology Transfer Program (as
such terms are defined in section 9(e) of the Small
Business Act (15 U.S.C. 638(e))) of each military
department.
(3) The office of the Under Secretary of Defense for
Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for
Research and Engineering.
(5) Any other office the Secretary of Defense
determines appropriate.
(c) Briefing Required.--Not later than March 1, 2023, the
Secretary of Defense shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the establishment and
activities of the small business integration working group
chartered under subsection (a), the policies enacted by the
small business integration working group to allow for the
sharing of best practices for maximizing the contributions of
small business concerns in the defense industrial base and in
acquisitions by the Department of Defense, and practices for
conducting oversight of the activities of the military
departments and other components of the Department of Defense
with respect to small business concerns.
(d) Definitions.--In this section:
(1) Military department.--The term ``military
department'' has the meaning given such term in section
101(a) of title 10, United States Code.
(2) Small business concern.--The term ``small
business concern'' has the meaning given such term
under section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL BUSINESS
PROGRAMS.
(a) Demonstration Required.--Not later than December 31,
2027, the Secretary of Defense shall establish a program to
carry out a demonstration of commercial due diligence tools,
techniques, and processes in order to support small businesses
in identifying attempts by malicious foreign actors to gain
undue access to, or foreign ownership, control, or influence
over--
(1) the small business; or
(2) any technology a small business is developing
pursuant to a contract or other agreement with the
Department of Defense.
(b) Elements.--The program required under subsection (a)
shall include the following:
(1) The identification of one or more entities to be
responsible for the commercial due diligence tools,
techniques, and processes that are part of a
demonstration under the program and a description of
the interactions required between such entity, small
businesses, and the government agencies that enforce
such tools, techniques, and processes.
(2) An assessment of commercial due diligence tools,
techniques, and processes already in use by each Office
of Small Business Programs.
(3) The development of methods to analyze the
commercial due diligence tools, techniques, and
processes that are part of a demonstration under the
program to--
(A) monitor and assess attempts described in
subsection (a);
(B) provide information on such attempts to
applicable small businesses; and
(C) allow small businesses that are subject
to such attempts to provide information about
such attempts to the Secretary of Defense.
(4) The development of training and resources for
small businesses that can be shared directly with such
businesses or through a procurement technical
assistance program established under chapter 388 of
title 10, United States Code.
(5) The implementation of performance measures to
assess the effectiveness of such program.
(c) Briefing Required.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the congressional defense
committees an interim briefing on the program required under
subsection (a) that includes the following:
(1) An identification of any entity described in
subsection (b)(1).
(2) A description of the methodology for executing
any demonstrations under the program, including any
analytical tools or metrics identified to support such
a demonstration.
(3) A description of any identified instances of
attempts described in subsection (a).
(4) An identification of improvements or gaps in
resources, capabilities, or authorities, and other
lessons learned from any demonstrations under the
program.
(d) Assessment.--Not later than March 1, 2028, the Secretary
shall submit to the congressional defense committees a report
on the program required under subsection (a), including any
identified instances of attempts described in such subsection,
any lessons learned, and any recommendations for legislative
action related to such program.
(e) Definitions.--In this section:
(1) The term ``foreign ownership, control, or
influence'' has the meaning given in section 847 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 4819
note).
(2) The term ``Office of Small Business Programs''
means--
(A) the Office of Small Business Programs of
the Department of Defense established under
section 144 of title 10, United States Code;
(B) the Office of Small Business Programs of
the Department of the Army established under
section 7024 of such title;
(C) the Office of Small Business Programs of
the Department of the Navy established under
section 8028 of such title; and
(D) the Office of Small Business Programs of
the Department of the Air Force established
under section 9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS METRICS.
(a) In General.--The Secretary of Defense, in coordination
with the service acquisition executives (as defined in section
101(a) of title 10, United States Code), shall conduct a study
on the metrics necessary to assess the effectiveness of the
SBIR and STTR programs of the Department of Defense in meeting
the mission needs of the Department, including by developing
metrics and collecting and assessing longitudinal data
necessary for evaluation of those metrics.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of the measurable ways in which the
SBIR and STTR programs of the Department of Defense
support the mission needs of the Department.
(2) The development of recurring, quantifiable
metrics for measuring the ability of the SBIR and STTR
programs of the Department to deliver products and
services that meet the mission needs of the Department.
(3) An evaluation of currently available data to
support the assessment of the metrics described in
paragraph (2), including the identification of areas
where gaps in the availability of such data exist that
may require collecting new data or modifying existing
data.
(4) The identification of current means and methods
available to the Department for collecting data in an
automated fashion, including the identification of
areas where gaps in the automated collection of data
exist that may require new means for collecting or
visualizing data.
(5) The development of an analysis and assessment
methodology framework to make tradeoffs between the
metrics described in paragraph (2) and existing
commercialization benchmarks of the Department to
enhance the decision-making of the Department regarding
the benefits of the SBIR and STTR programs of the
Department.
(c) Briefings.--
(1) Interim briefing.--Not later than six months
after the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a
briefing on the development of the metrics described in
subsection (a) for the study required under such
subsection.
(2) Final briefing.--Not later than one year after
the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of
the Senate and House of Representatives a briefing on
the results of the study required under subsection (a).
Subtitle G--Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE TRANSFER OF
CERTAIN TITLE 10 ACQUISITION PROVISIONS.
(a) In General.--The amendments made by section 1701(e) and
paragraphs (1) and (2) of section 802(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) shall be deemed to have taken effect immediately before the
amendments made by section 1881 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4293).
(b) Treatment of Section 4027 Requirements.--An individual or
entity to which the requirements under section 4027 of title
10, United States Code, were applicable during the period
beginning on January 1, 2022, and ending on the date of the
enactment of this Act pursuant to subsection (a) shall be
deemed to have complied with such requirements during such
period.
SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.
(a) In General.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall conduct a
pilot program to allow the Defense Counterintelligence and
Security Agency to sponsor the personal security clearances of
the employees of innovative technology companies that are
performing a contract of the Department of Defense while the
Government completes the adjudication of the facility clearance
application of such a innovative technology company.
(b) Additional Requirements.--
(1) Personal security clearance authority.--
(A) In general.--Under the pilot program, the
Defense Counterintelligence and Security Agency
may nominate and sponsor the personal security
clearances of the employees of an innovative
technology company.
(B) Limitation.--Under the pilot program, the
Defense Counterintelligence and Security Agency
may sponsor the personal security clearances of
employees of not more than 75 innovative
technology companies.
(2) Adjudication of the facility clearance
application.--Any adjudication of a facility clearance
application of an innovative technology company
described in subsection (a) shall include an assessment
and mitigation of foreign ownership, control, or
influence of the innovative technology company, as
applicable.
(c) Clearance Transfer.--
(1) In general.--Not later than 30 days after an
innovative technology company is granted facility
clearance, the Defense Counterintelligence and Security
Agency shall transfer any personal clearances of
employees of the innovative technology company held by
the Defense Counterintelligence and Security Agency
under the pilot program back to the innovative
technology company.
(2) Denial of facility clearance.--Not later than 10
days after an innovative technology company is denied
facility clearance, the Defense Counterintelligence and
Security Agency shall release any personal clearances
of employees of the innovative technology company held
by the Defense Counterintelligence and Security Agency
under the pilot program.
(d) Participant Selection.--The Under Secretary of Defense
for Research and Engineering, in consultation with the Under
Secretary of Defense for Acquisition and Sustainment and the
service acquisition executive of the military department
concerned (as such terms are defined, respectively, in section
101 of title 10, United States Code), shall select innovative
technology companies to participate in the pilot program.
(e) Sunset.--The pilot program shall terminate on December
31, 2028.
(f) Definitions.--In this section:
(1) Facility clearance.--The term ``facility
clearance'' has the meaning given the term ``Facility
Clearance'' in section 95.5 of title 10, Code of
Federal Regulations, or any successor regulation.
(2) Foreign ownership, control, or influence.--The
term ``foreign ownership, control, or influence'' has
the meaning given in section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1505; 10 U.S.C. 4819 note).
(3) Innovative technology company.--The term
``innovative technology company'' means a
nontraditional defense contractor (as defined in
section 3014 of title 10, United States Code) that--
(A) provides goods or services related to--
(i) one or more of the 14 critical
technology areas described in the
memorandum by the Under Secretary of
Defense for Research and Engineering
issued on February 1, 2022, entitled
``USD(R&E) Technology Vision for an Era
of Competition''; or
(ii) information technology,
software, or hardware that is
unavailable from any other entity that
possesses a facility clearance; and
(B) is selected by the Under Secretary of
Defense for Research and Engineering under
subsection (d) to participate in the pilot
program.
(4) Personal security clearance.--The term ``personal
security clearance'' means the security clearance of an
individual who has received approval from the
Department of Defense to access classified information.
(5) Pilot program.--The term ``pilot program'' means
the pilot program established under subsection (a).
SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
The value of any modification to, or order made under, a
contract or other agreement by the Department of Defense on or
after March 1, 2020, to address the COVID-19 pandemic through
vaccines and other therapeutic measures shall not be counted
toward any limit established prior to March 1, 2020, on the
total estimated amount of all projects to be issued under the
contract or other agreement (except that the value of such
modification or order shall count toward meeting any guaranteed
minimum value under the contract or other agreement).
SEC. 884. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION GUIDANCE
INTO PROGRAM CLASSIFICATION GUIDES AND PROGRAM
PROTECTION PLANS.
(a) Updates Required.--
(1) In general.--The Secretary of Defense shall,
acting through the Under Secretary of Defense for
Intelligence and Security and the Under Secretary of
Defense for Research and Engineering, ensure that all
program classification guides (for classified programs)
and all program protection plans (for unclassified
programs) include guidance for the proper marking for
controlled unclassified information at their next
regularly scheduled update.
(2) Elements.--Guidance under paragraph (1) shall
include the following:
(A) A requirement to use document portion
markings for controlled unclassified
information.
(B) A process to ensure controlled
unclassified information document portion
markings are used properly and consistently.
(b) Monitoring of Progress.--In tracking the progress in
carrying out subsection (a), the Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense
for Research and Engineering shall implement a process for
monitoring progress that includes the following:
(1) Tracking of all program classification guides and
program protection plans so they include document
portion marking for controlled unclassified
information, and the dates when controlled unclassified
information guidance updates are completed.
(2) Updated training in order to ensure that all
government and contractor personnel using the guides
described in subsection (a)(1) receive instruction, as
well as periodic spot checks, to ensure that training
is sufficient and properly implemented to ensure
consistent application of document portion marking
guidance.
(3) A process for feedback to ensure that any
identified gaps or lessons learned are incorporated
into guidance and training instructions.
(c) Required Completion.--The Secretary shall ensure that the
updates required by subsection (a) are completed before January
1, 2029.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to
identify, task, and manage congressional reporting
requirements.
Sec. 904. Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY
ASSISTANT SECRETARIES OF DEFENSE.
(a) Assistant Secretary of Defense for Cyber Policy.--Section
138(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Cyber Policy. The principal duty of
the Assistant Secretary shall be the overall supervision of
policy of the Department of Defense for cyber. The Assistant
Secretary is the Principal Cyber Advisor described in section
392a(a) of this title.''.
(b) Increase in Authorized Number of Assistant Secretaries of
Defense.--
(1) Increase.--Section 138(a)(1) of title 10, United
States Code, is amended by striking ``15'' and
inserting ``19''.
(2) Conforming amendment.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant
Secretaries of Defense (14).'' and inserting
``Assistant Secretaries of Defense (19).''.
(c) Increase in Authorized Number of Deputy Assistant
Secretaries of Defense.--
(1) Increase.--Section 138 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) The number of Deputy Assistant Secretaries of Defense
may not exceed 60.''.
(2) Conforming repeal.--Section 908 of the National
Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1514; 10 U.S.C. 138 note) is
repealed.
(d) Additional Amendments.--Section 138(b) of title 10,
United States Code, is amended--
(1) in paragraph (2)(A)--
(A) in the second sentence in the matter
preceding clause (i), by striking ``He shall
have as his principal duty'' and inserting
``The principal duty of the Assistant Secretary
shall be''; and
(B) in clause (ii), by striking subclause
(III);
(2) in paragraph (3), in the second sentence, by
striking ``He shall have as his principal duty'' and
inserting ``The principal duty of the Assistant
Secretary shall be'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking the
semicolon and inserting ``; and'';
(B) in subparagraph (B), by striking ``;
and'' inserting a period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ``shall--'' and all
that follows and inserting ``shall advise the Under
Secretary of Defense for Acquisition and Sustainment on
industrial base policies.''.
(e) Evaluation and Review.--Section 1504 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 2022) is amended--
(1) in subsection (a), by striking ``Not later than
180 days after the date of the enactment of this Act''
and inserting ``Not later than April 1, 2023''; and
(2) in subsection (b)--
(A) in paragraph (13), by striking ``and'' at
the end;
(B) by redesignating paragraph (14) as
paragraph (17); and
(C) by inserting after paragraph (13) the
following new paragraphs:
``(14) assess the need to retain or modify the
relationships, authorities, roles, and responsibilities
of the Principal Cyber Advisor described in section
392a(a) of title 10, United States Code;
``(15) assess the organizational construct of the
Department of Defense and how authorities, roles, and
responsibilities for matters relating to cyber
activities are distributed among the Under Secretaries,
Assistant Secretaries, and Deputy Assistant Secretaries
of Defense and among civilian officials within the
military departments with roles and responsibilities
relating to cyber activities;
``(16) make recommendations for changes to statutes
affecting the organizational construct of the
Department of Defense to improve the oversight,
management, and coordination of--
``(A) policies, programs, and strategies
relating to cyber activities;
``(B) the execution of the authorities of the
United States Cyber Command; and
``(C) other matters relating to cyber
activities; and''.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF CHIEF
MANAGEMENT OFFICER.
Section 2222 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by striking ``the Chief
Management Officer of the Department of Defense, the
Under Secretary of Defense for Acquisition and
Sustainment, the Chief Information Officer, and the
Chief Management Officer'' and inserting ``the Chief
Information Officer of the Department of Defense, the
Under Secretary of Defense for Acquisition and
Sustainment, and the Chief Information Officer'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief
Management Officer'' and inserting ``the Chief
Information Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the
matter preceding clause (i)--
(I) in the first sentence, by
striking ``The Chief Management
Officer of the Department of
Defense'' and inserting ``The
Chief Information Officer of
the Department of Defense, in
coordination with the Chief
Data and Artificial
Intelligence Officer,''; and
(II) in the second sentence,
by striking ``the Chief
Management Officer shall'' and
inserting ``the Chief
Information Officer shall'';
and
(ii) in subparagraph (B), in the
matter preceding clause (i), by
striking ``The Chief Management
Officer'' and inserting ``The Chief
Information Officer'';
(3) in subsection (f)--
(A) in paragraph (1), in the second sentence,
by striking ``the Chief Management Officer
and''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs
(A) and (B) as subparagraphs (B) and
(C), respectively;
(ii) by inserting before subparagraph
(B), as redesignated by clause (i), the
following new subparagraph (A):
``(A) The Chief Information Officers of the
military departments, or their designees.'';
and
(iii) in subparagraph (C), as so
redesignated, by adding at the end the
following new clause:
``(iv) The Chief Data and Artificial
Intelligence Officer of the Department
of Defense.'';
(4) in subsection (g)(2), by striking ``the Chief
Management Officer'' each place it appears and
inserting ``the Chief Information Officer''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Management Officer'' and inserting ``the Chief
Information Officer''.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION OF PRODUCT
TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL
REPORTING REQUIREMENTS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense, not more than 90 percent may be obligated or expended
until the Secretary of Defense demonstrates a minimum viable
product--
(1) to optimize and modernize the process described
in section 908(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 111 note) for
identifying reports to Congress required by annual
national defense authorization Acts, assigning
responsibility for preparation of such reports, and
managing the completion and delivery of such reports to
Congress; and
(2) that includes capabilities to enable--
(A) direct access by the congressional
defense committees to the follow-on system to
that process using secure credentials;
(B) rapid automatic ingestion of data
provided by those committees with respect to
reports and briefings required to be submitted
to Congress in a comma-separated value
spreadsheet;
(C) sortable and exportable database views
for tracking and research purposes;
(D) automated notification of relevant
congressional staff and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENTS RELATING TO ALIGNMENT OF CLOSE COMBAT
LETHALITY TASK FORCE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or expended
until the Department of Defense complies with the requirements
of section 911 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1878) (relating
to alignment of the Close Combat Lethality Task Force).
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.
Section 125a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``2022''
and inserting ``2023''; and
(B) in paragraph (3), by inserting ``the
Director for Administration and Management of
the Department of Defense,'' after ``the Chief
Information Officer of the Department of
Defense,''; and
(2) in subsection (d)--
(A) by redesignating paragraph (6) as
paragraph (9); and
(B) by inserting after paragraph (5) the
following new paragraphs:
``(6) Development and implementation of a uniform
methodology for tracking and assessing cost savings and
cost avoidance from reform initiatives.
``(7) Implementation of reform-focused research to
improve management and administrative science.
``(8) Tracking and implementation of technological
approaches to improve management decision-making, such
as artificial intelligence tools.''.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.
Paragraph (2) of section 161(b) of title 10, United States
Code, is amended to read as follows:
``(2) Except during time of hostilities or imminent threat of
hostilities, the President shall--
``(A) not more than 60 days after establishing a new
combatant command--
``(i) notify Congress of the establishment of
such command; and
``(ii) provide to Congress a briefing on the
establishment of such command; and
``(B) not more than 60 days after significantly
revising the missions, responsibilities, or force
structure of an existing combatant command--
``(i) notify Congress of such revisions; and
``(ii) provide to Congress a briefing on such
revisions.''.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.
Section 8062(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``primarily''
and inserting ``for the peacetime promotion of the
national security interests and prosperity of the
United States and''; and
(2) in the third sentence, by striking ``for the
effective prosecution of war'' and inserting ``for the
duties described in the preceding sentence''.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO ELECTROMAGNETIC
SPECTRUM OPERATIONS.
Section 1053(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 113 note) is amended--
(1) in the subsection heading, by striking ``Transfer
of Responsibilities and Functions Relating to
Electromagnetic Spectrum Operations'' and inserting
``Report on Appropriate Alignment of Responsibilities
and Functions Relating to Electromagnetic Spectrum
Operations; Evaluations'';
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
``(1) Report required.--
``(A) In general.--Not later than March 31,
2023, the Secretary of Defense shall submit to
the congressional defense committees a report
on the appropriate alignment of electromagnetic
spectrum operations responsibilities and
functions.
``(B) Considerations.--In developing the
report required by subparagraph (A), the
Secretary of Defense shall consider the
following:
``(i) The appropriate role of each
existing organization and element of
the Department of Defense with
responsibilities or functions relating
to electromagnetic spectrum operations
and the potential establishment of a
new entity dedicated electromagnetic
spectrum operations within one or more
of those organizations or elements.
``(ii) Whether the organizational
structure responsible for
electromagnetic spectrum operations
within the Department--
``(I) should be a unitary
structure, in which a single
organization or element is
primarily responsible for all
aspects of such operations; or
``(II) a hybrid structure, in
which separate organizations or
elements are responsible for
different aspects of
electromagnetic spectrum
operations.
``(iii) The resources required to
fulfill the specified responsibilities
and functions.''; and
(4) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.
(a) Direction and Control of Joint All Domain Command and
Control.--The Deputy Secretary of Defense, in coordination with
the Vice Chairman of the Joint Chiefs of Staff, shall oversee
joint all domain command and control (commonly known as
``JADC2'') to ensure--
(1) close collaboration with the Joint Requirements
Oversight Council, the combatant commands, and the
military services regarding operational requirements
and requirements satisfaction relating to joint all
domain command and control; and
(2) objective assessments to the Deputy Secretary and
Vice Chairman about the progress of the Department of
Defense in achieving the objectives of joint all domain
command and control.
(b) Demonstrations and Fielding of Mission Threads.--
(1) In general.--The Deputy Secretary and Vice
Chairman shall take the following actions in support of
the objectives described in paragraph (2):
(A) In consultation with the Commander of the
United States Indo-Pacific Command and the
commanders of such other combatant commands as
may be designated by the Deputy Secretary--
(i) identify a prioritized list of
difficult mission-critical operational
challenges specific to the area of
operations of the designated commands;
(ii) design and recommend resourcing
options, through the Office of Cost
Analysis and Program Evaluation and the
Management Action Group of the Deputy
Secretary, a series of multi-domain,
multi-service and multi-agency, multi-
platform, and multisystem end-to-end
integrated kinetic and non-kinetic
mission threads, including necessary
battle management functions, to solve
the operational challenges identified
in clause (i);
(iii) demonstrate the ability to
execute the integrated mission threads
identified in clause (ii) in realistic
conditions on a repeatable basis,
including the ability to achieve,
through mission integration software,
interoperability among effects chain
components that do not conform to
common interface standards, including
the use of the System of Systems
Technology Integration Tool Chain for
Heterogeneous Electronic Systems
(commonly known as ``STITCHES'')
managed by the 350th Spectrum Warfare
Wing of the Department of the Air
Force; and
(iv) create a plan to deploy the
mission threads to the area of
operations of the United States Indo-
Pacific Command and such other
combatant commands as may be designated
by Deputy Secretary, and execute the
mission threads at the scale and pace
required to solve the identified
operational challenges, including
necessary logistics and sustainment
capabilities.
(B) Designate organizations to serve as
transition partners for integrated mission
threads and ensure such integrated mission
threads are maintained and exercised as
operational capabilities in the United States
Indo-Pacific Command and such other combatant
commands as may be designated by Deputy
Secretary.
(C) Designate organizations and elements of
the Department of Defense as the Deputy
Secretary determines appropriate to be
responsible for--
(i) serving as mission managers for
composing and demonstrating the
integrated mission threads under the
mission management pilot program
established by section 871 of the
National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 191 note);
(ii) providing continuing support and
sustainment for, and training and
exercising of, the integrated mission
threads under the operational command
of the Commander of United States Indo-
Pacific Command and such other
combatant commands as may be designated
by Deputy Secretary;
(iii) planning and executing
experimentation and demonstrations
with--
(I) Joint data integration
approaches;
(II) mission integration
capabilities, especially
software; and
(III) Joint tactics,
techniques, and procedures;
(iv) assisting in fielding mission
integration software to encourage the
development and employment of such
software on a larger scale, especially
at the designated combatant commands;
(v) assessing and integrating, as
appropriate, the capabilities of
Assault Breaker II, developed by the
Defense Advanced Research Projects
Agency, and related developmental
efforts as those efforts transition to
operational deployment; and
(vi) integrating joint all domain
command and control mission threads and
mission command and control, including
in conflicts that arise with minimal
warning, and exercising other joint all
domain command and control capabilities
and functions.
(D) Integrate the planning and demonstrations
of the mission threads with--
(i) the Production, Exploitation, and
Dissemination Center in the United
States Indo-Pacific Command;
(ii) the Family of Integrated
Targeting Cells; and
(iii) the tactical dissemination and
information sharing systems for the
Armed Forces and allies of the United
States, including the Mission Partner
Environment and the Maven Smart System.
(2) Objectives described.--The objectives described
in this paragraph are the following--
(A) to support the emphasis of the National
Defense Strategy on adversary-specific
deterrence postures;
(B) to support actions that can be taken
within the period covered by the future-years
defense program focused on--
(i) critical mission threads, such as
kinetic kill chains and non-kinetic
effects chains; and
(ii) integrated concepts of
operation;
(C) to support demonstrations and
experimentation; and
(D) to achieve the objectives of the Joint
All Domain Command and Control Strategy and
Implementation Plan approved by the Deputy
Secretary of Defense.
(c) Performance Goals.--The Deputy Secretary, the Vice
Chairman, and the commanders of such other combatant commands
as may be designated by the Deputy Secretary shall seek to--
(1) beginning in the third quarter of fiscal year
2023, demonstrate new integrated mission threads on a
regularly recurring basis multiple times each year; and
(2) include such demonstrations, as feasible, in the
Rapid Defense Experimentation Reserve campaign of
experimentation, Valiant Shield, Northern Edge, the
Large Scale Global Exercise, the quarterly Scarlet
Dragon exercises, the Global Information Dominance
Experiments, and annual force exercises in the area of
responsibility of the United States Indo-Pacific
Command.
(d) Definitions.--In this section:
(1) The term ``Deputy Secretary'' means the Deputy
Secretary of Defense.
(2) The term ``Family of Integrated Targeting Cells''
means the Maritime Targeting Cell-Afloat, the Maritime
Targeting Cell-Expeditionary, the Tactical Intelligence
Targeting Access Node, Tactical Operations Center
Medium/Light, and other interoperable command and
control nodes that are able to task the collection of,
receive, process, and disseminate track and targeting
information from many sensing systems in disconnected,
denied, intermittent or limited bandwidth conditions.
(3) The term ``joint all domain command and control''
refers to the warfighting capabilities that support
commander decision making at all echelons from
campaigning to conflict, across all domains, and with
partners, to deliver information advantage.
(4) The term ``mission command'' is the employment of
military operations through decentralized execution
based upon mission-type orders and the intent of
commanders.
(5) The terms ``mission thread'', ``kill chain'', and
``effects chain'' have the meanings given those terms
in the publication of the Office of the Under Secretary
of Defense for Research and Engineering titled
``Mission Engineering Guide'' and dated November 2020.
(6) The term ``Vice Chairman'' means the Vice
Chairman of the Joint Chiefs of Staff.
SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a demonstration of a strategic management dashboard to
automate the data collection and data visualization of the
primary management goals of the Department of Defense.
(b) Elements.--The Secretary of Defense shall ensure that the
strategic management dashboard demonstrated under subsection
(a) includes the following:
(1) The capability for real-time monitoring of the
performance of the Department of Defense in meeting the
management goals of the Department.
(2) An integrated analytics capability, including the
ability to dynamically add or upgrade new capabilities
when needed.
(3) Integration with the framework required by
subsection (c) of section 125a of title 10, United
States Code, for measuring the progress of the
Department toward covered elements of reform (as
defined in subsection (d) of that section).
(4) Incorporation of the elements of the strategic
management plan required by section 904(d) of the
National Defense Authorization Act of Fiscal Year 2008
(Public Law 110-181; 10 U.S.C. note prec. 2201), as
derived from automated data feeds from existing
information systems and databases.
(5) Incorporation of the elements of the most recent
annual performance plan of the Department required by
section 1115(b) of title 31, United States Code, and
the most recent update on performance of the Department
required by section 1116 of that title.
(6) Use of artificial intelligence and machine
learning tools to improve decision making and
assessment relating to data analytics.
(7) Adoption of leading and lagging indicators for
key strategic management goals.
(c) Authorities.--
(1) In general.--In conducting the demonstration
required by subsection (a), the Secretary of Defense
may use the authorities described in paragraph (2), and
such other authorities as the Secretary considers
appropriate--
(A) to help accelerate the development of
innovative technological or process approaches;
and
(B) to attract new entrants to solve the data
management and visualization challenges of the
Department.
(2) Authorities described.--The authorities described
in this paragraph are the authorities provided under
the following provisions of law:
(A) Section 4025 of title 10, United States
Code (relating to prizes for advanced
technology achievements).
(B) Section 217 of the National Defense
Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2222 note) (relating to
science and technology activities to support
business systems information technology
acquisition programs).
(C) Section 908 of the National Defense
Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 10 U.S.C. 129a note) (relating to
management innovation activities).
(d) Use of Best Practices.--In conducting the demonstration
required by subsection (a), the Secretary of Defense shall
leverage commercial best practices in management and leading
research in management and data science.
(e) Strategic Management Dashboard Defined.--In this section,
the term ``strategic management dashboard'' means a system for
dynamically displaying management metrics, performance goals,
and other information necessary for Department of Defense
leadership to make strategic decisions related to the
management of the Department using modern, commercial practices
for data visualization and drawn from existing automated
information systems available to the Department.
SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT MANAGEMENT
SYSTEMS.
(a) In General.--Not later than July 1, 2023, the Chief
Information Officer of the Department of Defense, in
coordination with the official designated under section 238(b)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061), shall complete a pilot program to demonstrate the
application of component content management systems to a
distinct set of data of the Department.
(b) Selection of Data Set.--In selecting a distinct set of
data of the Department for purposes of the pilot program
required by subsection (a), the Chief Information Officer shall
consult with, at a minimum, the following:
(1) The Office of the Secretary of Defense, with
respect to directives, instructions, and other
regulatory documents of the Department.
(2) The Office of the Secretary of Defense and the
Joint Staff, with respect to execution orders.
(3) The Office of the Under Secretary of Defense for
Research and Engineering and the military departments,
with respect to technical manuals.
(4) The Office of the Under Secretary of Defense for
Acquisition and Sustainment, with respect to Contract
Data Requirements List documents.
(c) Authority to Enter Into Contracts.--Subject to the
availability of appropriations, the Secretary of Defense may
enter into contracts or other agreements with public or private
entities to conduct studies and demonstration projects under
the pilot program required by subsection (a).
(c) Briefing Required.--Not later than 60 days after the date
of the enactment of this Act, the Chief Information Officer
shall provide to the congressional defense committees a
briefing on plans to implement the pilot program required by
subsection (a).
(d) Component Content Management System Defined.--In this
section, the term ``component content management system'' means
any content management system that enables the management of
content at a component level instead of at the document level.
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF THE SPACE
FORCE INTO A SINGLE COMPONENT.
(a) Report Required.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the proposal of the Air Force to transition the Space
Force into a single component (in this section referred to as
the Space Component)--
(1) that consists of all members of the Space Force,
without regard to whether such a member is, under laws
in effect at the time of the report, in the active or
reserve component of the Space Force; and
(2) in which such members may transfer between duty
statuses more freely than would otherwise be allowed
under the laws in effect at the time of the report.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A plan that describes any rules, regulations,
policies, guidance, and statutory provisions that may
be implemented to govern--
(A) the ability of a member of the Space
Component to transfer between duty statuses,
the number of members authorized to make such
transfers, and the timing of such transfers;
(B) the retirement of members of the Space
Component, including the determination of a
member's eligibility for retirement and the
calculation of the retirement benefits
(including benefits under laws administered by
the Secretary of Veterans Affairs) to which the
member would be entitled based on a career
consisting of service in duty statuses of the
Space Component; and
(C) the composition and operation of
promotion selection boards with respect to
members of the Space Component, including the
treatment of general officers by such boards.
(2) A comprehensive analysis of how such proposal may
affect the ability of departments and agencies of the
Federal Government (including departments and agencies
outside the Department of Defense and the Department of
Veterans Affairs) to accurately calculate the pay or
determine the benefits, including health care benefits
under chapter 55 of title 10, United States Code, to
which a member or former member of the Space Component
is entitled at any given time.
(3) Draft legislative text, prepared by the Office of
Legislative Counsel within the Office of the General
Counsel of the Department of Defense, that
comprehensively sets forth all amendments and
modifications to Federal statutes needed to effectively
implement the proposal described in subsection (a),
including--
(A) amendments and modifications to titles
10, 37, and 38, United States Code;
(B) amendments and modifications to Federal
statutes outside of such titles; and
(C) an analysis of each provision of Federal
statutory law that refers to the duty status of
a member of an Armed Force, or whether such
member is in an active or reserve component,
and, for each such provision--
(i) a written determination
indicating whether such provision
requires amendment or other
modification to clarify its
applicability to a member of the Space
Component; and
(ii) if such an amendment or
modification is required, draft
legislative text for such amendment or
modification.
(4) An assessment of the feasibility and advisability
of--
(A) exempting the proposed Space Component
from the existing ``up or out'' system of
officer career advancement first established by
the amendments to title 10, United States Code,
made by the Defense Officer Personnel
Management Act (Public Law 96-513; 94 Stat.
2835);
(B) combining active and reserve components
in a new, single Space Component and whether a
similar outcome could be achieved using the
existing active and reserve component
frameworks with modest statutory changes to
allow reserve officers to serve on sustained
active duty; and
(C) creating career flexibility for reserve
members of the Space Component, including in
shifting retirement points earned from one year
to the next and allowing members of the Space
Component to move back and forth between active
and reserve status for prolonged periods of
time across a career.
(5) An assessment of the implications of the proposed
reorganization of the Space Force on the development of
space as a warfighting domain in the profession of
arms, particularly with respect to officer leadership,
development, and stewardship of the profession.
(6) A determination of whether existing government
ethics regulations are adequate to address potential
conflicts of interest for Space Component officers who
seek to move back and forth between sustained active
duty and working for private sector organizations in
the space industry as reserve officers in the Space
Component.
(7) An analysis of the following:
(A) Whether the proposed Space Component
framework is consistent with the joint service
requirements of chapter 38 of title 10, United
States Code.
(B) Budgetary implications of the
establishment of the Space Component.
(C) The nature of the relationship with
private industry and civilian employers that
would be required and consistent with
professional ethics to successfully implement
the Space Component.
(D) The effect of establishing a Space
Component on diversity and inclusion within the
Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure
and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating
battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning
baseline plans.
Sec. 1027. Withholding of certain information about sunken military
crafts.
Sec. 1028. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and
unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial
events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health
incidents.
Sec. 1045. Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight
purposes.
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding
enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer
excess aircraft to other departments of the Federal Government
and authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space
near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying
missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations.
Sec. 1068. Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the
Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in
Africa.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of
Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2023 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3),
the total amount of authorizations that the Secretary
may transfer under the authority of this section may
not exceed $6,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an item
that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS
REVIEW PROCESS.
It is the sense of Congress that the Under Secretary of
Defense (Comptroller) should--
(1) take appropriate steps to improve the corrective
action plans review process, including by linking
notices of findings and recommendations with the
corrective action plans to address such notices; and
(2) update Department of Defense guidance to instruct
the Department and its components to document root
cause analysis when needed to address deficiencies
auditors have identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.
(a) Annual Report.--Not later than 30 days after the date of
the submission of the President's budget for a fiscal year
under section 1105 of title 31, United States Code, the
Secretary of Defense shall deliver to the congressional defense
committees a report on observed and anticipated budgetary
effects related to inflation, including--
(1) for each Department of Defense appropriation
account--
(A) the amount appropriated for the fiscal
year preceding the fiscal year during which the
report is submitted, the amount appropriated
for the fiscal year during which the report is
submitted, and the amount requested for the
fiscal year for which the budget is submitted;
(B) the relevant inflation index applied to
each such account at the time of the budget
submission for the fiscal year preceding the
fiscal year during which the report is
submitted, the fiscal year during which the
report is submitted, and the fiscal year for
which the budget is submitted;
(C) the actual inflationary budgetary effects
on each such account for the fiscal year
preceding the fiscal year during which the
report is submitted;
(D) the estimated inflationary budgetary
effects for the fiscal year during which the
report is submitted and the fiscal year for
which the budget is submitted; and
(E) a calculation of estimated budgetary
effects due to inflation using the estimated
indices for the fiscal year during which the
report is submitted compared to the estimated
indices for the fiscal year for the budget is
submitted.
(2) for the fiscal year preceding the fiscal year
during which the report is submitted, the fiscal year
during which the report is submitted, and the fiscal
year for which the budget is submitted, a summary of
any requests for equitable adjustment, exercising of
economic price adjustment (hereinafter referred to as
``EPA'') clauses, or bilateral contract modifications
to include an EPA, including the contract type and
fiscal year and the type and amount of appropriated
funds used for the contract;
(3) a summary of any methodological changes in
Department of Defense cost estimation practices for
inflationary budgetary effects for the fiscal year
during which the report is submitted and the fiscal
year for which the budget is submitted; and
(4) any other matters the Secretary determines
appropriate.
(b) Periodic Briefing.--Not later than 60 days after the
conclusion of the Department of Defense budget mid-year review,
the Secretary of Defense shall provide the congressional
defense committees with a briefing on--
(1) any changes in the observed or anticipated
inflation indices included in the report required under
subsection (a);
(2) any actions taken by the Department of Defense to
respond to changes discussed in such report, with
specific dollar value figures; and
(3) any requests for equitable adjustment received by
the Department of Defense, economic price adjustment
clauses exercised, or bilateral contract modifications
to include an EPA made since the submission of the
report required under subsection (a).
(c) Termination.--The requirement to submit a report under
subsection (a) and the requirement to provide a briefing under
subsection (b) shall terminate on the date that is five years
after the date of the enactment of this Act.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2042), as most recently amended by section 1007 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1889), is further amended--
(1) in subsection (a)(1), by striking ``2023'' and
inserting ``2025''; and
(2) in subsection (c), by striking ``2023'' and
inserting ``2025''; and
(3) by adding at the end the following:
``(h) Annual Report on Plan Colombia.--Not later than 30 days
after the end of each fiscal year from 2023 to 2025, the
Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report that includes the following:
``(1) An assessment of the threat to Colombia from
narcotics trafficking and activities by organizations
designated as foreign terrorist organizations under
section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
``(2) A description of the plan of the Government of
Colombia for the unified campaign described in
subsection (a).
``(3) A description of the activities supported using
the authority provided by subsection (a).
``(4) An assessment of the effectiveness of the
activities described in paragraph (3) in addressing the
threat described in paragraph (1).''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.
Section 231(b)(2) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
``(J) For any class of battle force ship for which
the procurement of the final ship of the class is
proposed in the relevant future-years defense program
submitted under section 221 of this title--
``(i) a description of the expected specific
effects on the Navy shipbuilding industrial
base of--
``(I) the termination of the
production program for the ship and the
transition to a new or modified
production program, or
``(II) the termination of the
production program for the ship without
a new or modified production program to
replace it; and
``(ii) in the case of any such production
program for which a replacement production
program is proposed, a detailed schedule for
the replacement production program with planned
decision points, solicitations, and contract
awards.''.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR DECISIONS
DIRECTLY CONCERNING MARINE CORPS AMPHIBIOUS FORCE
STRUCTURE AND CAPABILITY.
(a) In General.--Section 8026 of title 10, United States
Code, is amended by inserting ``or amphibious force structure
and capability'' after ``Marine Corps aviation''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by inserting ``or amphibious force structure
and capability'' after ``aviation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 803 of such title is amended by
striking the item relating to section 8026 and
inserting the following new item:
``8026. Consultation with Commandant of the Marine Corps on major
decisions directly concerning Marine Corps aviation or
amphibious force structure and capability.''.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``and
not less than 31 operational amphibious warfare
ships, of which not less than 10 shall be
amphibious assault ships'' before the period;
and
(B) in the second sentence--
(i) by inserting ``or amphibious
warfare ship'' before ``includes''; and
(ii) by inserting ``or amphibious
warfare ship'' before ``that is
temporarily unavailable''; and
(2) by adding at the end the following new
subsection:
``(g) In this section, the term `amphibious warfare ship'
means a ship that is classified as an amphibious assault ship
(general purpose) (LHA), an amphibious assault ship (multi-
purpose) (LHD), an amphibious transport dock (LPD), or a dock
landing ship (LSD).''.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING BATTLE FORCE SHIPS BEFORE END OF
EXPECTED SERVICE LIFE.
(a) In General.--Section 8678a(b) of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting ``by not later
than three days after the date on which the President
submits the budget materials under section 1105(a) of
title 31 for the fiscal year in which such waiver is
sought'' after ``such ship''; and
(2) in paragraph (2), by striking ``such
certification was submitted'' and inserting ``the
National Defense Authorization Act for such fiscal year
is enacted''.
(b) No Effect on Certain Ships.--The amendments made by
subsection (a) do not apply to a battle force ship (as such
term is defined in section 8678a(e)(1) of title 10, United
States Code) that is proposed to be decommissioned or
inactivated during fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.
Section 8695 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Amphibious Warfare Ships.--In preparing each assessment
and requirement under subsection (a), the Commandant of the
Marine Corps shall be specifically responsible for developing
the requirements relating to amphibious warfare ships.''.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND MANNING
BASELINE PLANS.
(a) In General.--Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 8696. Battle force ship employment, maintenance, and manning
baseline plans
``(a) In General.--Not later than 45 days after the date of
the delivery of the first ship in a new class of battle force
ships, the Secretary of the Navy shall submit to the
congressional defense committees a report on the employment,
maintenance, and manning baseline plans for the class,
including a description of the following:
``(1) The sustainment and maintenance plans for the
class that encompass the number of years the class is
expected to be in service, including--
``(A) the allocation of maintenance tasks
among organizational, intermediate, depot, or
other activities;
``(B) the planned duration and interval of
maintenance for all depot-level maintenance
availabilities; and
``(C) the planned duration and interval of
drydock maintenance periods.
``(2) Any contractually required integrated logistics
support deliverables for the ship, including technical
manuals, and an identification of--
``(A) the deliverables provided to the
Government on or before the delivery date; and
``(B) the deliverables not provided to the
Government on or before the delivery date and
the expected dates those deliverables will be
provided to the Government.
``(3) The planned maintenance system for the ship,
including--
``(A) the elements of the system, including
maintenance requirement cards, completed on or
before the delivery date;
``(B) the elements of the system not
completed on or before the delivery date and
the expected completion date of those elements;
and
``(C) the plans to complete planned
maintenance from the delivery date until all
elements of the system have been completed.
``(4) The coordinated shipboard allowance list for
the class, including--
``(A) the items on the list onboard on or
before the delivery date; and
``(B) the items on the list not onboard on or
before the delivery date and the expected
arrival date of those items.
``(5) The ship manpower document for the class,
including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by
rate and rating.
``(6) The personnel billets authorized for the ship
for the fiscal year in which the ship is delivered and
each of the four fiscal years thereafter, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by
rate and rating.
``(7) Programmed funding for manning and end strength
on the ship for the fiscal year in which the ship is
delivered and each of the four fiscal years thereafter,
including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by
rate and rating.
``(8) Personnel assigned to the ship on the delivery
date, including--
``(A) the number of officers by grade and
designator; and
``(B) the number of enlisted personnel by
rate and rating.
``(9) For each critical hull, mechanical, electrical,
propulsion, and combat system of the class as so
designated by the Senior Technical Authority pursuant
to section 8669b(c)(2)(C) of this title, the following:
``(A) The Government-provided training
available for personnel assigned to the ship at
the time of delivery, including the nature,
objectives, duration, and location of the
training.
``(B) The contractor-provided training
available for personnel assigned to the ship at
the time of delivery, including the nature,
objectives, duration, and location of the
training.
``(C) Plans to adjust how the training
described in subparagraphs (A) and (B) will be
provided to personnel after delivery, including
the nature and timeline of those adjustments.
``(10) The notional employment schedule of the ship
for each month of the fiscal year in which the ship is
delivered and each of the four fiscal years thereafter,
including an identification of time spent in the
following phases:
``(A) Basic.
``(B) Integrated or advanced.
``(C) Deployment.
``(D) Maintenance.
``(E) Sustainment.
``(b) Notification Required.--Not less than 30 days before
implementing a significant change to the baseline plans
described in subsection (a) or any subsequent significant
change, the Secretary of the Navy shall submit to the
congressional defense committees written notification of the
change, including for each such change the following:
``(1) An explanation of the change.
``(2) The desired outcome.
``(3) The rationale.
``(4) The duration.
``(5) The operational effects.
``(6) The budgetary effects, including--
``(A) for the year in which the change is
made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(7) The personnel effects, including--
``(A) for the year in which the change is
made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(8) The sustainment and maintenance effects,
including--
``(A) for the year in which the change is
made;
``(B) over the five years thereafter; and
``(C) over the expected service life of the
relevant class of battle force ships.
``(c) Treatment of Certain Ships.--(1) For the purposes of
this section, the Secretary of the Navy shall treat as the
first ship in a new class of battle force ships the following:
``(A) U.S.S. John F. Kennedy (CVN-79).
``(B) U.S.S. Michael Monsoor (DDG-1001).
``(C) U.S.S. Jack H. Lucas (DDG-125).
``(2) For each ship described in paragraph (1), the Senior
Technical Authority shall identify critical systems for the
purposes of subsection (a)(9).
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the
following:
``(A) A commissioned United States Ship
warship capable of contributing to combat
operations.
``(B) A United States Naval Ship that
contributes directly to Navy warfighting or
support missions.
``(2) The term `delivery' has the meaning provided
for in section 8671 of this title.
``(3) The term `Senior Technical Authority' has the
meaning provided for in section 8669b of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by adding at
the end the following new item:
``8696. Battle force ship employment, maintenance, and manning baseline
plans.''.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN MILITARY
CRAFTS.
Section 1406 of the Sunken Military Craft Act (title XIV of
Public Law 108-375; 10 U.S.C. 113 note) is amended by adding at
the end the following new subsection:
``(j) Withholding of Certain Information.--Pursuant to
subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5
United States Code, the Secretary concerned may withhold from
public disclosure information and data about the location or
related artifacts of a sunken military craft under the
jurisdiction of the Secretary, if such disclosure would
increase the risk of the unauthorized disturbance of one or
more sunken military craft.''.
SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN GOVERNMENT-
OWNED DRY-DOCKS.
(a) AFDM-10.--Not later than June 1, 2023, the Secretary of
the Navy shall submit to the congressional defense committees
the results of a business case analysis for Auxiliary Floating
Dock, Medium-10 (in this section referred to as ``AFDM-10'')
that compares the following options:
(1) The continued use of AFDM-10, in the same
location and under the same lease authorities in effect
on the date of the enactment of this Act.
(2) The relocation of AFDM-10 to Naval Station
Everett, including all infrastructure support
requirement costs and anticipated operating costs.
(3) The relocation and use of AFDM-10 in alternate
locations under the same lease authorities in effect on
the date of the enactment of this Act, including all
infrastructure support requirement costs and
anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate
locations under alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate
to an appropriate non-Government entity with expertise
in the non-nuclear ship repair industry.
(6) Such other options as the Secretary determines
appropriate.
(b) Graving Dock at Naval Base, San Diego.--Not later than
June 1, 2023, the Secretary of the Navy shall submit to the
congressional defense committees the results of a business case
analysis for the Government-owned graving dock at Naval Base
San Diego, California, that compares the following options:
(1) The continued use of such graving dock, in
accordance with the utilization strategy described in
the May 25, 2022 report to Congress entitled ``Navy Dry
Dock Strategy for Surface Ship Maintenance and
Repair''.
(2) Such other options as the Secretary determines
appropriate.
(c) Matters for Evaluation.--The business case analyses
required under subsections (a) and (b) shall each include an
evaluation of each of the following:
(1) The extent to which the Secretary plans to
execute a consistent and balanced docking strategy that
ensures the health of private sector maintenance and
repair capability and capacity.
(2) Legal, regulatory, and other requirements
applicable to each of the options considered under each
such analysis, including environmental documentation,
and the effect that such requirements are projected to
have on the cost and schedule of such option.
(3) The extent to which the Secretary is considering
adding dry dock capacity, including an analysis of the
projected cost of adding such capacity and the
potential effects of adding such capacity on private
sector repair and maintenance facilities.
(4) The projected use by the Navy of Government and
non-Government dry docks assets through fiscal year
2027.
(5) For each option considered under each such
analysis, the projected implementation timeline and
costs.
(6) For each option considered under each such
analysis, the relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.
(a) In General.--None of the funds authorized to be
appropriated by this Act for fiscal year 2023 may be obligated
or expended to retire, prepare to retire, or place in storage--
(1) any of the naval vessels referred to in
subsection (b); or
(2) more than four Littoral Combat Ships.
(b) Naval Vessels.--The naval vessels referred to in this
subsection are the following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T-ESD 1).
(7) USNS John Glenn (T-ESD 2).
(c) Littoral Combat Ships.--In the case of any Littoral
Combat Ship that is retired, prepared to retire, or placed in
storage using funds authorized to be appropriated by this Act
for fiscal year 2023, the Secretary of Defense shall ensure
that such vessel is evaluated for potential transfer to the
military forces of a nation that is an ally or partner of the
United States.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED
STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1953), as most recently amended by section 1033 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1901), is further amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1954), as most recently amended by section 1034 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1901), is further amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF FUNDS
FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA,
TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1954), as most recently amended by section 1032 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 135 Stat. 1901), is further amended--
(1) by striking ``December 31, 2022'' and inserting
``December 31, 2023'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(3) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) Afghanistan.''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1035 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1901), is further amended by striking ``2022'' and
inserting ``2023''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND
UNCLASSIFIED FORM.
Section 113(g)(1)(D) of title 10, United States Code, is
amended by striking ``in classified form with an unclassified
summary.'' and inserting ``in both classified and unclassified
form. The unclassified form may not be a summary of the
classified document.''.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL
EVENTS FOR MEMBERS AND FORMER MEMBERS OF CONGRESS.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 130 the following new
section:
``Sec. 130a. Department of Defense support for funerals and memorial
events for Members and former Members of Congress
``(a) Support for Funerals.--Subject to subsection (b), the
Secretary of Defense may provide such support as the Secretary
considers appropriate for a funeral or memorial event for a
Member or former Member of Congress, including support with
respect to transportation to and from such a funeral or
memorial event, in accordance with this section.
``(b) Requests for Support; Secretary Determination.--The
Secretary may provide support under this section--
``(1) upon request from the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, or
the Minority Leader of the Senate; or
``(2) if the Secretary determines such support is
necessary to carry out duties or responsibilities of
the Department of Defense.
``(c) Use of Funds.--The Secretary may use funds authorized
to be appropriated for operation and maintenance to provide
support under this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130 the following new item:
``130a. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.''.
SEC. 1043. MODIFICATION OF AUTHORITY FOR HUMANITARIAN DEMINING
ASSISTANCE AND STOCKPILED CONVENTIONAL MUNITIONS
ASSISTANCE.
(a) Location of Assistance.--Section 407 of title 10, United
States Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``carry out'' and
inserting ``provide''; and
(ii) by striking ``in a country'' and
inserting ``to a country''; and
(B) in subparagraph (A), by striking ``in
which the activities are to be carried out''
and inserting ``to which the assistance is to
be provided''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``in which'' and
inserting ``to which''; and
(ii) by striking ``carried out'' and
inserting ``provided'';
(B) in paragraph (2), by striking ``carried
out in'' and inserting ``provided to'';
(C) in paragraph (3)--
(i) by striking ``in which'' and
inserting ``to which''; and
(ii) by striking ``carried out'' and
inserting ``provided''; and
(D) in paragraph (4), by striking ``in
carrying out such assistance in each such
country'' and inserting ``in providing such
assistance to each such country''.
(b) Expenses.--Subsection (c) of such section 407 is
amended--
(1) in paragraph (2), by adding at the end the
following new subparagraph:
``(C) Travel, transportation, and subsistence
expenses of foreign personnel to attend training
provided by the Department of Defense under this
section.''; and
(2) by striking paragraph (3).
(c) Report.--Subsection (d) of such section 407, as amended
by subsection (a)(2) of this section, is further amended in the
matter preceding paragraph (1), by striking ``include in the
annual report under section 401 of this title a separate
discussion of'' and inserting ``submit to the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate and the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives a report on''.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS HEALTH
INCIDENTS.
(a) Cross-functional Team.--Section 910 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 10 U.S.C. 111 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and any
other'' and all that follows through
``necessary; and'' and inserting ``, including
the causation, attribution, mitigation,
identification, and treatment for such
incidents;'';
(B) in paragraph (2)--
(i) by inserting ``and deconflict''
after ``integrate'';
(ii) by striking ``agency'' and
inserting ``agencies''; and
(iii) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) any other efforts regarding such incidents that
the Secretary considers appropriate.''; and
(2) in subsection (e)(2), by striking ``90 days'' and
all that follows through ``of enactment'' and inserting
``March 1, 2023, and not less frequently than once
every 180 days thereafter until March 1, 2026''.
(b) Access to Certain Facilities of Department of Defense.--
Section 732 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1797; 10 U.S.C.
1071 note) is amended--
(1) in the section heading, by striking ``united
states government employees and their family members''
and inserting ``covered individuals'';
(2) in subsection (a), by striking ``employees of the
United States Government and their family members who''
and inserting ``covered individuals whom'';
(3) in subsection (c), by striking ``employees from
those agencies and their family members'' and inserting
``covered individuals'';
(4) in subsection (d)--
(A) by striking ``employees of the United
States Government and their family members''
and inserting ``covered individuals''; and
(B) by striking ``subject to an agreement by
the employing agency and the consent of the
employee'' and inserting ``subject to the
consent of the covered individual and, if
applicable, an agreement with the employing
agency''; and
(5) by adding at the end the following new
subsection:
``(e) Covered Individuals Defined.--In this section, the term
`covered individuals' means--
``(1) current and former employees of the United
States Government and their family members; and
``(2) current and former members of the Armed Forces
and their family members.''.
SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Improvements.--
(1) In general.--No later than September 30, 2023,
the Secretary of Defense, in coordination with the
Director of National Intelligence when acting as the
Security Executive Agent, shall establish a process
to--
(A) determine, on the date on which a covered
individual separates from the Armed Forces or
the Department of Defense (as the case may be),
whether the covered individual held an
eligibility to access classified information or
to occupy a sensitive position immediately
prior to such separation and requires an
eligibility of an equal or lower level for
employment as a covered contractor, except as
provided in subsection (b);
(B) ensure that the re-establishment of trust
of a covered individual's eligibility to occupy
a sensitive position takes place expeditiously,
in accordance with applicable laws, Executive
Orders, or Security Executive Agent policy; and
(C) ensure that any additional security
processing required to re-establish trust to
reinstate a covered individual's eligibility to
access classified information or occupy a
sensitive position takes place expeditiously.
(2) Coast guard.--In the case of a member of the
Armed Forces who is a member of the Coast Guard, the
Secretary of Defense shall carry out paragraph (1) in
consultation with the Secretary of the Department in
which the Coast Guard is operating.
(b) Exceptions.--
(1) In general.--Subsection (a) shall not apply with
respect to a covered individual--
(A) whose previously held security clearance
is, or was as of the date of separation of the
covered individual, under review as a result of
one or more potentially disqualifying factors
or conditions that have not been fully
investigated or mitigated; or
(B) in the case of a member of the Armed
Forces, who separated from the Armed Forces
under other than honorable conditions.
(2) Clarification of review exception.--The exception
specified in paragraph (1)(A) shall not apply with
respect to a routine periodic reinvestigation or a
continuous vetting investigation in which no
potentially disqualifying factors or conditions have
been found.
(c) Definitions.--In this section:
(1) The term ``covered contractor'' means an
individual who is employed by an entity that carries
out work under a contract with the Department of
Defense or an element of the intelligence community.
(2) The term ``covered individual'' means a former
member of the Armed Forces or a former civilian
employee of the Department of Defense.
(3) The term ``intelligence community'' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE
SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR
OVERSIGHT PURPOSES.
(a) In General.--The Secretary of Defense shall develop
processes and procedures under which the Secretary shall issue
access tokens to staff of the congressional defense committees
to facilitate the performance of required congressional
oversight activities. Such access tokens shall--
(1) provide designated and authenticated staff with
access to designated Department of Defense information
systems, including--
(A) the reporting system described in section
805(b) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81)
that will replace the Selected Acquisition
Report requirements under section 4351 of title
10, United States Code; and
(B) the process referred to in section 908 of
the William (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public
Law 116-283) that is used by the Department of
Defense to identify reports to Congress
required by annual national defense
authorization Acts, assign responsibility for
preparation of such reports, and manage the
completion and delivery of such reports to
Congress; and
(2) to the extent feasible, be integrated with the
provision of Pentagon Facilities Alternative
Credentials.
(b) Implementation.--The Secretary shall implement the
processes and procedures developed under subsection (a) not
later than 180 days after the date of the enactment of this
Act.
(c) Interim Briefing.--Not later than 90 days after the date
of the enactment of the Act, the Secretary of Defense shall
provide to the congressional defense committees an interim
briefing on the status of the processes and procedures required
to be developed under subsection (a), including any updates to
applicable policies, instructions, and guidance issued by the
Department.
SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL TO
NATIONAL SECURITY.
(a) In General.--The Secretary of Defense may facilitate the
introduction of entities for the purpose of discussing a
covered transaction that the Secretary has determined is in the
national security interests of the United States.
(b) Covered Transaction Defined.--The term ``covered
transaction'' means a transaction that the Secretary has reason
to believe would likely involve an entity affiliated with a
strategic competitor unless an alternative transaction were to
occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY AND ROYAL
AUSTRALIAN NAVY.
(a) Exchange Program.--Beginning in 2023, the Secretary of
Defense, in consultation with the Secretary of Energy, may
carry out an exchange program for Australian submarine officers
to implement one or more agreements entered into under the
enhanced trilateral security partnership referred to as
``AUKUS''. Under such a program, to the extent consistent with
one or more AUKUS agreements--
(1) a minimum of two Australian submarine officers
may participate in the United States Navy officer
training program for officers who are assigned to duty
on nuclear powered submarines; and
(2) following the successful completion of all
aspects of such training, such officers may be assigned
to duty on an operational United States submarine.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
the congressional defense committees with a briefing on a
notional exchange program for Australian submarine officers
that includes initial, follow-on, and recurring training that
could be provided to Australian submarine officers in order
prepare such officers for command of nuclear-powered Australian
submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION FOR
DEPARTMENT OF DEFENSE USE ON RIVERS AND
INTERCOASTAL WATERWAYS.
With respect to the procurement of a sectional barge for the
Department of Defense on or after December 31, 2023, the
Secretary of Defense shall, to the extent practicable--
(1) ensure the solicitation for such sectional barge
includes a requirement for a design that has been
approved by the American Bureau of Shipping, using its
rule set for building and classing steel vessels, for
service on rivers and intercoastal waterways; or
(2) prioritize prime contractors that are in
compliance with ISO 9001:2015 of the International
Organization for Standardization (or successor
standard) in awarding contracts pursuant to such
procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY ENACTED
COMMISSIONS.
(a) Assistance From Department of Defense.--At the request of
a covered commission, the Secretary of Defense may provide to
the covered commission, on a reimbursable basis, such services,
funds, facilities, staff, and other support services as
necessary for the performance of the functions of the
commission. Amounts provided to a covered commission pursuant
to this section may be provided from amounts appropriated for
the Department of Defense, as provided in advance in
appropriations Acts.
(b) Covered Commission Defined.--In this section, the term
``covered commission'' means a commission established pursuant
to any of the following sections of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81):
(1) Section 1004 (Commission on Planning,
Programming, Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on
Emerging Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense
Strategy).
(5) section 1687 (Congressional Commission on the
Strategic Posture of the United States).
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.
Section 222a of title 10, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``to be achieved'' and inserting
``outlined in the national defense
strategy required under section 113(g)
of this title and the National Military
Strategy required under section 139(b)
of this title to be advanced''; and
(ii) by adding at the end the
following new subparagraph:
``(D) A detailed assessment of each specific
risk that would be reduced in executing the
national defense strategy required under
section 113(g) of this title and the National
Military Strategy required under section 139(b)
of this title if such priority is funded
(whether in whole or in part).''; and
(B) in paragraph (2)(A), by inserting
``according to the amount of risk reduced''
after ``priority'';
(2) by adding redesignating subsection (d) as
subsection (e); and
(3) by inserting after subsection (c) the following
new subsection (d):
``(d) Prioritization.--Not later than 10 days after the
receipt of the all of the reports referred to in subsection
(a), the Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, shall submit to the
congressional defense committees a report that prioritizes each
specific unfunded priority across all unfunded priorities
submitted by officers specified in (b) according to the risk
reduced in executing the national defense strategy required
under section 113(g) of this title and the National Military
Strategy required under section 139(b) of this title.''.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT
OPERATIONS IN THE INFORMATION ENVIRONMENT.
(a) In General.--Chapter 19 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 398. Military information support operations in information
environment
``(a) Congressional Notification Requirement.--(1) Not later
than 48 hours after the execution of any new military
information support operation plan (in this section referred to
as a `MISO plan') approved by the commander of a combatant
command, or any change in scope of any existing MISO plan,
including any underlying MISO supporting plan, the Secretary of
Defense shall promptly submit to the congressional defense
committees notice in writing of such approval or execution of
change in scope.
``(2) A notification under paragraph (1) with respect to a
MISO plan shall include each of the following:
``(A) A description of the military information
support operation program (in this section referred to
as a `MISO program') supported by the MISO plan.
``(B) A description of the objectives of the MISO
plan.
``(C) A description of the intended target audience
for military information support operation activities
under the MISO plan.
``(D) A description of the tactics, techniques, and
procedures to be used in executing the MISO plan.
``(E) A description of the personnel engaged in
supporting or facilitating the operation.
``(F) The amount of funding anticipated to be
obligated and expended to execute the MISO plan during
the current and subsequent fiscal years.
``(G) The expected duration and desired outcome of
the MISO plan.
``(H) Any other elements the Secretary determines
appropriate.
``(3) To the maximum extent practicable, the Secretary shall
ensure that the congressional defense committees are notified
promptly of any unauthorized disclosure of a clandestine
military support operation covered by this section. A
notification under this subsection may be verbal or written,
but in the event of a verbal notification, the Secretary shall
provide a written notification by not later than 48 hours after
the provision of the verbal notification.
``(b) Annual Report.--Not later than 90 days after the last
day of any fiscal year during which the Secretary conducts a
MISO plan, the Secretary shall submit to the congressional
defense committees a report on all such MISO plans conducted
during such fiscal year. Such report shall include each of the
following:
``(1) A list of each MISO program and the combatant
command responsible for the program.
``(2) For each MISO plan--
``(A) a description of the plan and any
supporting plans, including the objectives for
the plan;
``(B) a description of the intended target
audience for the activities carried out under
the plan and the means of distribution; and
``(C) the cost of executing the plan.
``(c) Prohibition on Clandestine Operations Designed to
Influence Opinions and Politics in United States.--None of the
funds authorized to be appropriated or otherwise made available
for the Department of Defense for any fiscal year may be used
to conduct a clandestine military information support operation
that is designed to influence--
``(1) any political process taking place in the
United States;
``(2) the opinions of United States persons;
``(3) United States policies; or
``(4) media produced by United States entities for
United States persons.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``398. Military information support operations in information
environment.''.
SEC. 1053. MODIFICATION AND CONTINUATION OF REPORTING REQUIREMENT
RELATING TO HUMANITARIAN ASSISTANCE.
(a) Modification.--Section 2561(c)(3) of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking ``relief'' and
inserting ``assistance''; and
(2) by striking subparagraphs (B) and (C) and
inserting the following new subparagraphs:
``(B) A comprehensive list of humanitarian assistance
efforts for which support was provided under this
section, disaggregated by foreign partner country,
amount obligated, and purpose specified in subsection
(b).
``(C) A description of the manner in which such
efforts address--
``(i) the humanitarian needs of the foreign
partner country; and
``(ii) Department of Defense objectives and
broader United States national security
objectives.
``(D) A description of any transfer of nonlethal
excess supplies of the Department of Defense made
available for humanitarian relief purposes under
section 2557 of this title, including, for each such
transfer--
``(i) the date of the transfer;
``(ii) the entity to which the transfer is
made; and
``(iii) the quantity of items transferred.''.
(b) Continuation of Reporting Requirement.--
(1) In general.--Section 1080(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note) does
not apply to the report required to be submitted to
Congress under section 2561(c) of title 10, United
States Code.
(2) Conforming repeal.--Section 1061(c) of National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 111 note) is amended by striking
paragraph (48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.
Section 1074(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) is amended by adding at
the end the following new paragraph:
``(4) For each major modification to global force
allocation made during the preceding fiscal year that
deviated from the Global Force Management Allocation
Plan for that fiscal year--
``(A) an analysis of the costs of such
modification;
``(B) an assessment of the risks associated
with such modification, including strategic
risks, operational risks, and risks to
readiness; and
``(C) a description of any strategic trade-
offs associated with such modification.''.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION SPARTAN
SHIELD.
Section 1225(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended--
(1) in paragraph (6) by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (11);
and
(3) by inserting after paragraph (6), the following
new paragraphs:
``(7) a list of all countries in which Task Force
Spartan operated during the prior fiscal year;
``(8) a description of activities conducted pursuant
to the operation to build the military readiness of
partner forces during the prior fiscal year,
including--
``(A) training exercises;
``(B) joint exercises; and
``(C) bilateral or multilateral exchanges;
``(9) an assessment of the extent to which the
activities described in paragraph (8) improved--
``(A) the military readiness of such partner
forces;
``(B) the national security of the United
States; and
``(C) the national security of allies and
partners of the United States;
``(10) a description of criteria used to make the
assessment required under paragraph (9); and''.
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
amended--
(1) in paragraph (1), by striking ``that were
confirmed, or reasonably suspected, to have resulted in
civilian casualties'' and inserting ``that resulted in
civilian casualties that have been confirmed or are
reasonably suspected to have occurred'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``,
including, to the extent practicable, the
closest town, city, or identifiable place''
after ``location'';
(B) in subparagraph (D), by inserting before
the period the following: ``, including the
specific justification or use of authority for
each strike conducted'';
(C) in subparagraph (E), by inserting before
the period at the end the following: ``,
formulated as a range, if necessary, and
including, to the extent practicable,
information regarding the number of men, women,
and children involved''; and
(D) by adding at the end the following new
subparagraphs:
``(F) A summary of the determination of each
completed civilian casualty assessment or
investigation.
``(G) For each assessment or investigation of
an incident that resulted in civilian
casualties--
``(i) whether the Department
conducted any witness interviews or
site visits occurred, and if not, an
explanation of why not; and
``(ii) whether information pertaining
to the incident that was collected by
one or more non-governmental entities
was considered, if such information
exists.''; and
(3) by striking paragraph (4) and inserting the
following new paragraph (4):
``(4) A description of any new or updated civilian
harm policies and procedures implemented by the
Department of Defense.''.
(b) Applicability.--The amendments made by this section shall
apply as follows:
(1) Except as provided in paragraph (2), the
amendments made by this section shall apply with
respect to a report submitted on or after May 1, 2024.
(2) The amendments made by subparagraphs (A) and (B)
of subsection (a)(2) shall apply with respect to a
report submitted after the date of the enactment of
this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.
(a) Commission on Planning, Programming, Budgeting, and
Execution Reform.--Section 1004(g) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1886) is amended--
(1) in paragraph (1), by striking ``February 6,
2023'' and inserting ``August 6, 2023''; and
(2) in paragraph (2), by striking ``September 1,
2023'' and inserting ``March 1, 2024''.
(b) National Security Commission on Emerging Biotechnology.--
Section 1091(g) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1931) is
amended--
(1) in paragraph (1), by striking ``2 years after''
and inserting ``3 years after''; and
(2) in paragraph (2), by striking ``1 year after''
and inserting ``2 years after''.
(c) Commission on the National Defense Strategy.--Section
1095(g) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1945) is amended--
(1) in paragraph (1), by striking ``one year after''
and inserting ``two years after''; and
(2) in paragraph (2), by striking ``180 days after''
and inserting ``one year after''.
(d) Congressional Commission on the Strategic Posture of the
United States.--Section 1687(d) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 2128) is amended--
(1) in paragraph (1), by striking ``December 31,
2022'' and inserting ``July 31, 2023''; and
(2) in paragraph (3), by striking ``180 days after''
and inserting ``one year after''.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION SHARING AND
COORDINATION OF MILITARY TRAINING BETWEEN
DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF
DEFENSE.
Section 1014(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in paragraph (1)(B)(iv)--
(A) by striking ``(iii)--'' and inserting
``(iii), the following:''; and
(B) by adding at the end the following new
subclauses:
``(VIII) The methodology used
for making cost estimates in
the evaluation of a request for
assistance.
``(IX) The extent to which
the fulfillment of the request
for assistance affected
readiness of the Armed Forces,
including members of the
reserve components.''; and
(2) in paragraph (3), by striking ``December 31,
2023'' and inserting ``December 31, 2024''.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON NATIONAL
GUARD AND RESERVE COMPONENT EQUIPMENT.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report
required to be submitted to Congress under section 10541 of
title 10, United States Code.
(b) Conforming Repeal.--Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328); 130 Stat. 2402; 10 U.S.C. 111 note) is amended by
striking paragraph (62).
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO
TRANSFER EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF
THE FEDERAL GOVERNMENT AND AUTHORITY TO TRANSFER
EXCESS AIRCRAFT TO STATES.
Section 1091 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2576 note) is
amended--
(1) in the section heading, by inserting ``and to
states'' after ``federal government'';
(2) in subsection (a), in the first sentence, by
striking ``and the Secretary of Homeland Security for
use by the Forest Service and the United States Coast
Guard'' and inserting ``for use by the Forest Service,
to the Secretary of Homeland Security for use by the
United States Coast Guard, and to the Governor of a
State'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``or the
United States Coast Guard as a suitable
platform to carry out their respective
missions'' and inserting ``, the United States
Coast Guard, or the Governor of a State, as the
case may be, as a suitable platform to carry
out wildfire suppression, search and rescue, or
emergency operations pertaining to wildfires'';
(B) in paragraph (3), by striking ``; and''
and inserting a semicolon;
(C) in paragraph (4), by striking the period
at the end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) in the case of aircraft to be transferred to
the Governor of a State, acceptable for use by the
State, as determined by the Governor.'';
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(6) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``up to seven''; and
(ii) by inserting ``the Governor of a
State or to'' after ``offered to''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Expiration of right of refusal.--A right of
refusal afforded the Secretary of Agriculture or the
Secretary of Homeland Security under paragraph (1) with
regards to an aircraft shall expire upon official
notice of such Secretary to the Secretary of Defense
that such Secretary declines such aircraft.'';
(7) in subsection (d), as so redesignated--
(A) in the matter preceding paragraph (1), by
inserting ``or to the Governor of a State''
after ``the Secretary of Agriculture'';
(B) in paragraph (1), by striking ``wildfire
suppression purposes'' and inserting ``purposes
of wildfire suppression, search and rescue, or
emergency operations pertaining to wildfires'';
and
(C) in paragraph (2)--
(i) by inserting ``, search and
rescue, emergency operations pertaining
to wildfires,'' after ``efforts''; and
(ii) by inserting ``or Governor of
the State, as the case may be,'' after
``Secretary of Agriculture'';
(8) in subsection (e), as so redesignated, by
striking ``or the Secretary of Homeland Security'' and
inserting ``, the Secretary of Homeland Security, or
the Governor of a State'';
(9) in subsection (f), as so redesignated, by
striking ``and the Secretary of Homeland Security'' and
inserting ``, the Secretary of Homeland Security, or
the Governor of the State to which such aircraft is
transferred using only State funds''; and
(10) by adding at the end the following new
subsection:
``(g) Reporting.--Not later than December 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on aircraft transferred, during the
fiscal year preceding the date of such report, to--
``(1) the Secretary of Agriculture, the Secretary of
Homeland Security, or the Governor of a State under
this section;
``(2) the chief executive officer of a State under
section 112 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1318); or
``(3) the Secretary of the Air Force or the Secretary
of Agriculture under section 1098 of the National
Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 881).''.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE.
(a) In General.--Not later than 90 days after the date on
which the Secretary of Defense submits to Congress the
materials in support of the budget for any fiscal year, or the
date on which any of the military departments otherwise
proposes to retire or otherwise divest any airborne
intelligence, surveillance, and reconnaissance capabilities,
the Vice Chairman of the Joint Chiefs of Staff, in coordination
with the commanders of each of the geographic combatant
commands, shall submit to the congressional defense committees
a report containing an assessment of the level of operational
risk to each such command posed by the proposed retirement or
divestment with respect to the capability of the command to
meet near-,
mid-, and far-term contingency and steady-state requirements
against adversaries in support of the objectives of the
national defense strategy under section 113(g) of title 10,
United States Code.
(b) Risk Assessment.--In assessing levels of operational risk
for the purposes of subsection (a), the Vice Chairman and the
commanders of the geographic combatant commands shall use the
military risk matrix of the Chairman of the Joint Chiefs of
Staff, as described in CJCS Instruction 3401.01E, or any
successor instruction.
(c) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means any of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
(d) Termination.--The requirement to submit a report under
this section shall terminate on the date that is five years
after the date of the enactment of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE AIR SPACE
NEAR WIND TURBINES.
(a) Study and Report.--
(1) In general.--The Secretary of Defense shall seek
to enter into an agreement with a federally funded
research and development center to conduct a study to
identify low-level military training routes and special
use airspace that may be used by the Department of
Defense to conduct realistic training over and near
wind turbines.
(2) Elements.--As part of the study under paragraph
(1), the federally funded research and development
center that conducts the study shall--
(A) identify and define the requirements for
military airspace that may be used for the
training described in paragraph (1), taking
into consideration--
(i) the operational and training
needs of the Armed Forces; and
(ii) the threat environments of
adversaries of the United States,
including the People's Republic of
China;
(B) identify possibilities for combining
live, virtual, and constructive flight training
near wind projects, both onshore and offshore;
(C) describe the airspace inventory required
for low-level training proficiency given
current and projected force structures;
(D) provide recommendations for redesigning
and properly sizing special use air space and
military training routes to combine live and
synthetic training in a realistic environment;
(E) describe ongoing research and development
programs being utilized to mitigate effects of
wind turbines on low-level training routes; and
(F) identify current training routes affected
by wind turbines, any previous training routes
that are no longer in use because of wind
turbines, and any training routes projected to
be lost due to wind turbines.
(3) Consultation.--In carrying out paragraph (1), the
Secretary of Defense shall consult with--
(A) the Under Secretary of Defense for
Personnel and Readiness;
(B) the Department of Defense Policy Board on
Federal Aviation; and
(C) the Federal Aviation Administration.
(4) Submittal to dod.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the federally funded research and development
center that conducts the study under paragraph
(1) shall submit to the Secretary of Defense a
report on the results of the study.
(B) Form.--The report under paragraph (1)
shall be submitted in unclassified form but may
include a classified annex.
(5) Submittal to congress.--Not later than 60 days
after the date on which the Secretary of Defense
receives the report under paragraph (4), the Secretary
shall submit to the appropriate congressional
committees an unaltered copy of the report together
with any comments the Secretary may have with respect
to the report.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``affected by wind turbines'' means a
situation in which the presence of wind turbines in the
area of a low-level military training route or special
use airspace--
(A) prompted the Department of Defense to
alter a testing and training mission or to
reduce previously planned training activities;
or
(B) prevented the Department from meeting
testing and training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH MOBILITY
MULTIPURPOSE WHEELED VEHICLE FLEETS.
(a) Annual Reports.--Not later than March 1, 2023, and
annually thereafter until the date specified in subsection (c),
the Secretaries of the Army, Navy, and Air Force shall each
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the installation of safety
upgrades to the high mobility multipurpose wheeled vehicle
fleets under the jurisdiction of the Secretary concerned,
including anti-lock brakes, electronic stability control, and
fuel tanks.
(b) Matters for Inclusion.--Each report required under
subsection (a) shall include, for the year covered by the
report, each of the following:
(1) The total number of safety upgrades necessary for
the high mobility multipurpose wheeled vehicle fleets
under the jurisdiction of the Secretary concerned.
(2) The total cumulative number of such upgrades
completed prior to the year covered by the report.
(3) A description of any such upgrades that were
planned for the year covered by the report.
(4) A description of any such upgrades that were made
during the year covered by the report and, if the
number of such upgrades was less than the number of
upgrades planned for such year, an explanation of the
variance.
(5) If the total number of necessary upgrades has not
been made, a description of the upgrades planned for
each year subsequent to the year covered by the report.
(c) Termination.--No report shall be required under this
section after March 1, 2026.
SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PROVIDING COMMENTS ON
GOVERNMENT ACCOUNTABILITY OFFICE REPORTS.
(a) Reports Required.--Not later than 180 days after the date
of the enactment of this Act, and once every 180 days
thereafter until the date that is 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the congressional defense committees a
report on the extent to which the Department of Defense
provided comments and sensitivity and security reviews (for
drafts tentatively identified as containing controlled
unclassified information or classified information) in a timely
manner and in accordance with the protocols of the Government
Accountability Office during the 180-day period preceding the
date of the submittal of the report.
(b) Requirements for GAO Report.--Each report under
subsection (a) shall include the following information for the
period covered by the report:
(1) The number of draft Government Accountability
Office reports for which the Government Accountability
Office requested comments from the Department of
Defense, including an identification of the reports for
which a sensitivity or security review was requested
(separated by reports potentially containing only
controlled unclassified information and reports
potentially containing classified information) and the
reports for which such a review was not requested.
(2) The median and average number of days between the
date of the request for Department of Defense comments
and the receipt of such comments.
(3) The average number of days between the date of
the request for a Department of Defense sensitivity or
security review and the receipt of the results of such
review.
(4) In the case of any such draft report for which
the Department of Defense failed to provide such
comments or review within 30 days of the request for
such comments or review--
(A) the number of days between the date of
the request and the receipt of such comments or
review; and
(B) a unique identifier, for purposes of
identifying the draft report.
(5) In the case of any such draft report for which
the Government Accountability Office provided an
extension to the Department of Defense--
(A) whether the Department provided the
comments or review within the time period of
the extension; and
(B) a unique identifier, for purposes of
identifying the draft report.
(6) Any other information the Comptroller General
determines appropriate.
(c) DOD Responses.--Not later than 30 days after the
Comptroller General submits a report under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a response to such report that includes each of the
following:
(1) An identification of factors that contributed to
any delays identified in the report with respect to
Department of Defense comments and sensitivity or
security reviews requested by the Government
Accountability Office.
(2) A description of any actions the Department of
Defense has taken or plans to take to address such
factors.
(3) A description of any improvements the Department
has made in the ability to track timeliness in
providing such comments and sensitivity or security
reviews.
(4) Any other information the Secretary determines
relevant to the information contained in the report
submitted by the Comptroller General.
SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF CERTAIN FLYING
MISSIONS.
Prior to the relocation or elimination of any flying mission
that involves 50 personnel or more assigned to a unit
performing that mission, either with respect to an active or
reserve component of a military department, the Secretary of
Defense shall submit to the congressional defense committees a
report describing the justification of the Secretary for the
decision to relocate or eliminate such flying mission. Such
report shall include each of the following:
(1) A description of how the decision supports the
national defense strategy, the national military
strategy, the North American Aerospace Defense Command
strategy, and other relevant strategies.
(2) A specific analysis and metrics supporting such
decision.
(3) An analysis and metrics to show that the
elimination or relocation of the flying mission would
not negatively affect broader mission sets, such as the
homeland defense mission.
(4) A plan for how the Department of Defense intends
to fulfill or continue to meet the mission requirements
of the eliminated or relocated flying mission.
(5) An assessment of the effect of the elimination or
relocation on the national defense strategy, the
national military strategy, the North American
Aerospace Defense Command strategy, and broader mission
sets, such as the homeland defense mission.
(6) An analysis and metrics to show that the
elimination or relocation of the flying mission and its
secondary and tertiary impacts would not degrade
capabilities and readiness of the Joint Force.
(7) An analysis and metrics to show that the
elimination or relocation of the flying mission would
not negatively affect the continental United States
national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE IN EUROPE.
(a) Report on United States Military Force Posture and
Resourcing Requirements in Europe.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report containing an assessment of the
United States military force posture requirements for
the United States European Command to support the
following objectives:
(A) Implementation of the national defense
strategy under section 113(g) of title 10,
United States Code, with respect to the area of
responsibility of the United States European
Command.
(B) Fulfillment of the commitments of the
United States to NATO operations, missions, and
activities, as modified and agreed upon at the
2022 Madrid Summit.
(C) Reduction of the risk of executing the
contingency plans of the Department of Defense.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) For the Army, the Navy, the Air Force,
the Marine Corps, and the Space Force and for
each warfighting domain, a description of the
force structure and posture of assigned and
allocated forces in Europe, including
consideration of the balance of permanently
stationed forces and forces rotating from the
United States, to support the objectives
described in paragraph (1).
(B) An assessment of the military training
and all domain exercises to support such
objectives, including--
(i) training and exercises on
interoperability; and
(ii) joint activities with allies and
partners.
(C) An assessment of logistics requirements,
including personnel, equipment, supplies, pre-
positioned storage, host country support and
agreements, and maintenance needs, to support
such objectives.
(D) An identification of required
infrastructure, facilities, and military
construction investments to support such
objectives.
(E) A description of the requirements for
United States European Command integrated air
and missile defense throughout the area of
responsibility of the United States European
Command.
(F) An assessment of United States security
cooperation activities and resources required
to support such objectives.
(G) A detailed assessment of the resources
necessary to address the elements described in
subparagraphs (A) through (F), categorized by
the budget accounts for--
(i) procurement;
(ii) research, development, test, and
evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) The projected timeline to achieve
fulfillment of each such element.
(I) Any other information the Secretary
considers relevant.
(3) Form.--The report required under paragraph (1)
may be submitted in classified form, but, if so, it
shall include an unclassified summary.
(b) Quarterly Reports on Expenditures for Planning and Design
of Infrastructure to Support Permanent United States Force
Presence on Europe's Eastern Flank.--
(1) In general.--The Commander of United States
European Command shall submit to the congressional
defense committees quarterly reports on the use of the
funds described in paragraph (3) until the date on
which all such funds are expended.
(2) Contents.--Each report required under paragraph
(1) shall include an expenditure plan for the
establishment of infrastructure to support a permanent
United States force presence in the covered region.
(3) Funds described.--The funds described in this
paragraph are the amounts authorized to be appropriated
or otherwise made available for fiscal year 2023 for--
(A) Operation and Maintenance, Air Force, for
Advanced Planning for Infrastructure to Support
Presence on NATO's Eastern Flank;
(B) Operation and Maintenance, Army, for
Advanced Planning for Infrastructure to Support
Presence on NATO's Eastern Flank; and
(C) Military Construction, Defense-wide,
Planning & Design: EUCOM-Infrastructure to
Support Presence on NATO's Eastern Flank.
(D) Military Construction, Defense-wide,
Exercise-related Minor Construction: EUCOM.
(4) Covered region.--In this subsection, the term
``covered region'' means Romania, Poland, Lithuania,
Latvia, Estonia, Hungary, Bulgaria, the Czech Republic,
and Slovakia.
SEC. 1067. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN
UNITED STATES MILITARY OPERATIONS.
(a) Report.--The Civilian Protection Center of Excellence of
the Department of Defense, as established under section 184 of
title 10, United States Code, as added by section 1082 of this
Act, shall seek to enter into an agreement with an appropriate
federally funded research and development center to develop an
independent report on Department of Defense practices regarding
distinguishing between combatants and civilians in United
States military operations.
(b) Elements.--The report required under subsection (a) shall
include the following matters:
(1) A description of how the Department of Defense
has differentiated between combatants and civilians in
both ground and air operations since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen,
including--
(A) relevant policy and legal standards and
how these standards were implemented in
practice; and
(B) target engagement criteria.
(2) A description of how the Department of Defense
has differentiated between combatants and civilians
when assessing allegations of civilian casualties since
2001, including in Afghanistan, Iraq, Syria, Somalia,
Libya, and Yemen, including--
(A) relevant policy and legal standards and
the factual indicators these standards were
applied to in assessing claims of civilian
casualties; and
(B) any other matters the Secretary of
Defense determines appropriate.
(c) Submission of Report.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth an unaltered copy of the federally funded
research and development center assessment required under this
section, together with the views of the Secretary on the
assessment.
(d) Definition of United States Military Operation.--In this
section, the term ``United States military operations''
includes any mission, strike, engagement, raid, or incident
involving the United States Armed Forces.
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY ENGAGEMENT
EFFORTS OF ARMED FORCES IN HAWAII.
(a) In General.--In an effort to better meet the future force
posture needs within the Indo-Pacific area of responsibility,
the Commander of the United States Indo-Pacific Command, in
collaboration with the Assistant Secretary of Defense for
Energy, Installations, and Environment, installation
commanders, and the relevant theater component commanders,
shall--
(1) develop and implement a holistic strategy to--
(A) improve, standardize, and coordinate the
engagement efforts of the military with the
local community in Hawaii; and
(B) effectively communicate with such
community for the purpose of enhancing
readiness; and
(2) enhance coordinated community engagement efforts
(as described in section 587 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81)) in Hawaii.
(b) Report Required.--Not later than one year after the date
of the enactment of this Act, the Commander shall submit to the
congressional defense committees a report on the strategy and
enhanced engagement efforts implemented pursuant to subsection
(a). Such report shall include each of the following:
(1) The plan of the Commander for conducting
education and training programs relating to
consultation and engagement with the local and native
Hawaiian community, including--
(A) a description of the outreach activities
conducted during fiscal years 2023 and 2024;
and
(B) a description of the extent to which
members of the local and native Hawaiian
community have been involved in development of
curricula, tentative dates, locations, required
attendees, and topics for the education and
training programs.
(2) A list of all local and native Hawaiian community
groups involved or expected to be consulted in the
process of updating Department of Defense Instruction
4710.03 (or any successor document).
(3) Recommendations for improving Department of
Defense Instruction 4710.03 to reflect best practices
and provide continuity across the military departments
with respect to the practices, policies, training, and
personnel related to consultation with the local and
native Hawaiian community.
(4) A timeline for issuing the next update or
successor document to Department of Defense Instruction
4710.03.
(5) Recommendations for the enhancement and expansion
of--
(A) Department of Defense education and
training programs relating to consultation and
engagement with the local and Native Hawaiian
community; and
(B) outreach activities for all commands and
installations in Hawaii.
(c) Theater Component Commander.--In this section, the term
``theater component commander'' has the meaning given such term
in section 1513(8) of title 10, United States Code.
SEC. 1069. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES IN THE
CARIBBEAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Secretary of
Homeland Security, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
United States military posture and capabilities in the
Caribbean basin, particularly in and around Puerto Rico and the
United States Virgin Islands.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of United States military force
posture and capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability,
and cost of increasing United States military posture
and capabilities in the Caribbean basin to--
(A) enhance access and influence and provide
forward-deployed capabilities to effectively
implement the national defense strategy and
support strategic competition with China and
Russia;
(B) ensure, to the greatest extent possible,
that United States Northern Command and United
States Southern Command have the necessary
assets to support the defense of the United
States homeland;
(C) confront the threats posed by
transnational criminal organizations and
illicit trafficking in the Caribbean basin,
including by supporting interagency partners in
disrupting and degrading illicit trafficking
into the United States;
(D) improve surveillance capabilities and
maximize the effectiveness of counter-
trafficking operations in the Caribbean region;
(E) ensure, to the greatest extent possible,
that United States Northern Command and United
States Southern Command have the assets
necessary to detect, interdict, disrupt, or
curtail illicit narcotics and weapons
trafficking activities within their respective
areas of operations in the Caribbean basin;
(F) respond to malign influences of foreign
governments, particularly including non-market
economies, in the Caribbean basin that harm
United States national security and regional
security interests in the Caribbean basin and
in the Western Hemisphere; and
(G) strengthen the ability of the security
sector of partner nations in the Caribbean
basin to respond to, and become more resilient
in the face of, major humanitarian or natural
disasters, including to ensure critical
infrastructure and ports can come back online
rapidly following disasters.
(c) Form of Report.--The report required under subsection (a)
shall be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT FOR
CIVIL AUTHORITIES TO ADDRESS IMMIGRATION AT THE
SOUTHWEST BORDER.
Not later than 30 days after the date of the enactment of
this Act, and every 90 days thereafter through December 31,
2024, the Assistant Secretary of Defense for Homeland Defense
or another Assistant Secretary of Defense, as appropriate,
shall provide an unclassified briefing to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, with a classified
component, if necessary, regarding--
(1) Department of Defense planning to address current
and anticipated border support mission requirements as
part of the Department of Defense's annual planning,
programming, budgeting, and execution process;
(2) any Department of Defense risk assessment with
respect to the safety of Department of Defense
personnel conducted in evaluating any request for
assistance from the Department of Homeland Security
during the quarter covered by the briefing;
(3) any Department of Defense efforts, or updates to
existing efforts, to cooperate with Mexico with respect
to border security;
(4) the type of support that is currently being
provided by the Department of Defense along the
southwest border of the United States;
(5) the effect of such efforts and support on
National Guard readiness; and
(6) any recommendations of the Department of Defense
regarding the modification of the support provided by
the Department of Defense to the Department of Homeland
Security at the southwest border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY STATE AND LOCAL
GOVERNMENTS THROUGH THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in coordination
with the Administrator of General Services, shall submit to the
Committees on Armed Services of the Senate and House of
Representatives an annual report that includes current
information on the purchase of equipment under the procedures
established under section 281(a) of title 10, United States
Code, and the recipients of such equipment.
(b) Matters for Inclusion.--Each report under subsection (a)
shall include the following for the year covered by the report:
(1) The catalog of equipment available for purchase
under subsection (c) of section 281 of title 10, United
States Code.
(2) For each purchase of equipment under the
procedures established under subsection (a) of such
section--
(A) the recipient State or unit of local
government;
(B) the type of equipment;
(C) the cost of the equipment; and
(D) the administrative costs under subsection
(b) of such section.
(3) Such other information the Secretary determines
is necessary.
(c) Termination.--The requirement to submit a report under
subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL
INSTITUTIONS RECEIVING DEPARTMENT OF DEFENSE FUNDS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the methods used to assess the
eligibility of educational institutions for the receipt of
payments under the payment method described in section
668.162(d) of title 34, Code of Federal Regulations (as in
effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS ON
DEPARTMENT OF DEFENSE HIRING, RETENTION, AND
OPERATIONS.
(a) Study.--
(1) In general.--The Secretary of Defense shall seek
to enter into an agreement with a federally funded
research and development center under which the center
shall conduct a study to assess whether the covered
ethics requirements have had an effect on--
(A) the hiring or retention of personnel at
the Department of Defense, particularly those
persons with specialized experience or
training; and
(B) the ability of the Department of Defense
to detect, deter, prevent, and redress
violations of the Standards of Ethical Conduct
for Employees of the Executive Branch and
applicable statutory and regulatory ethics
requirements, including conflicts of interest,
by Department of Defense personnel.
(2) Elements.--A study conducted pursuant to
paragraph (1) shall include the following elements:
(A) An examination of how the covered ethics
requirements are inconsistent or incongruent
with ethics statutes, and any implementing
regulations, that apply to all executive branch
employees.
(B) An examination of the relative degrees of
risk associated with the potential for
violations of ethical standards at the
Department of Defense and those associated with
the potential for such violations at other
Federal agencies, and an analysis of whether
ethical standards that are applied exclusively
to Department of Defense personnel are
justified.
(C) An examination of how covered ethics
requirements have affected, or are likely to
affect, the hiring and retention of personnel,
particularly those persons with specialized
experience or training, at the Department of
Defense in comparison to other Federal agencies
that are not subject to such requirements. The
examination shall account for any relevant
differences between the Department of Defense
and other Federal departments and agencies
within the executive branch and shall use
analytical methods to control for any variables
that may affect the comparative results.
(D) An examination of how any confusion in
the interpretation of the requirement referred
to in paragraph (3)(B) may have affected, or is
likely to affect--
(i) the hiring or retention of
personnel, particularly those persons
with specialized experience or
training, at the Department of Defense;
and
(ii) the ability of the Department of
Defense to detect, deter, prevent, and
redress violations of ethical
standards, including conflicts of
interest, by Department of Defense
personnel.
(E) An examination of how the ethics
requirements referred to in subparagraphs (B)
and (C) of paragraph (3) may affect the ability
of the Department of Defense to obtain
expertise from industry and other groups in
support of technology development, supply chain
security, and other national security matters.
(F) An examination of whether the removal or
alteration of any covered ethics requirement
may adversely affect the ability of the
Department of Defense to detect, deter,
prevent, and redress violations of ethical
standards, including conflicts of interest, by
Department of Defense personnel.
(G) An examination of whether the removal or
alteration of any covered ethics requirement
may adversely affect the ability of the
Department of Defense to negotiate and
effectuate arms-length transactions.
(H) Any suggested changes to any covered
ethics requirement to further the establishment
and maintenance of ethical standards, while
also supporting the ability of the Department
of Defense to hire and retain personnel and
obtain expertise from academia, think tanks,
industry, and other groups to support national
security.
(3) Covered ethics requirements.--In this section,
the term ``covered ethics requirement'' means each of
the requirements under the following provisions of law:
(A) Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 1701 note).
(B) Section 1045 of the National Defense
Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 971 note prec.).
(C) Section 1117 of the National Defense
Authorization Act for Fiscal Year 2022 (10
U.S.C. 971 note prec.).
(D) Section 988 of title 10, United States
Code.
(b) Report.--
(1) In general.--An agreement entered into under
subsection (a) shall provide that the federally funded
research and development center shall submit to the
Secretary a report containing the results of the study
conducted under the agreement by not later than one
year after the date of the enactment of this Act.
(2) Transmittal to congress.--Not later than 30 days
after the Secretary receives the report under paragraph
(1), the Secretary shall transmit a copy of the report
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives.
(3) Secretary of defense evaluation.--The Secretary
shall submit with the report transmitted pursuant to
paragraph (2) an evaluation of each change suggested
pursuant to subsection (a)(2)(H). The evaluation shall
include--
(A) a determination of whether the Secretary
concurs with each suggested change;
(B) an assessment of the potential effects of
each suggested change on the ability of the
Department of Defense to hire or retain
personnel at the Department of Defense,
particularly those persons with specialized
experience or training;
(C) an assessment of the potential effects of
each suggested change on the ability of the
Department of Defense to detect, deter,
prevent, or redress violations of ethical
standards, including conflicts of interest; and
(D) any other information that the Secretary
determines to be appropriate.
SEC. 1074. JOINT CONCEPT FOR COMPETING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a
Joint Concept for Competing.
(b) Purposes.--The purposes of the Joint Concept for
Competing are to--
(1) define the roles and missions of the Department
of Defense in long-term strategic competition with
specific competitors;
(2) conceptualize the employment of joint forces
capabilities to deter adversarial military action by
strategic competitors;
(3) describe the manner in which the Department of
Defense will use its forces, capabilities, posture,
indications and warning systems, and authorities to
protect United States national interests in the course
of participating in long-term strategic competition,
including through--
(A) departmental efforts to integrate
Department of Defense roles and missions with
other instruments of national power;
(B) security cooperation with partners and
allies; and
(C) operations relating to long-term
strategic competition, particularly below the
threshold of traditional armed conflict;
(4) identify priority lines of effort and assign
responsibility to relevant Armed Forces, combatant
commands, and other elements of the Department of
Defense for each specified line of effort in support of
the Joint Concept for Competing; and
(5) provide means for integrating and continuously
improving the ability of the Department to engage in
long-term strategic competition.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter for two years, the Secretary of Defense
shall submit to the congressional defense committees a
report on the implementation of the Joint Concept for
Competing.
(2) Elements.--Each report required under paragraph
(1) shall include the following elements:
(A) A detailed description of any actions
taken by the Department of Defense relative to
the purposes specified under subsection (b).
(B) An articulation of any new concepts or
strategies necessary to support the Joint
Concept for Competing.
(C) An articulation of any capabilities,
resources, or authorities necessary to
implement the Joint Concept for Competing.
(D) An explanation of the manner in which the
Joint Concept for Competing relates to and
integrates with the Joint Warfighting Concept.
(E) An explanation of the manner in which the
Joint Concept for Competing synchronizes and
integrates with efforts of other departments
and agencies of the United States Government to
address long-term strategic competition.
(F) Any other matters the Secretary of
Defense determines relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING MAJOR
UNITS OF THE UNITED STATES ARMED FORCES TO CERTAIN
EUROPEAN COUNTRIES.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the
feasibility and advisability of relocating major units of the
United States Armed Forces to a covered country. Such report
shall include--
(1) a description of commitments made by a covered
country to provide host nation support, including
funding for construction and maintenance of Department
of Defense facilities and other actions that might
reduce costs to the Department of Defense associated
with hosting major units of the Armed Forces in such
covered country;
(2) an estimate of the expenses associated with the
relocation of major units of the Armed Forces from
current host nation locations, as well as a description
of any benefits that would be derived from colocating
such units with existing United States or multinational
forces at current host nation locations;
(3) a description of the extent to which positioning
major units of the Armed Forces in covered countries
would provide greater operational benefit than keeping
such units in current locations, including an analysis
of--
(A) the geographic significance of covered
countries;
(B) any capabilities the host nation may
offer, such as air defense or base security or
terms under which the United States may use
facilities on their territory; and
(C) an analysis of the risks associated with
the relocation of such units to covered
countries;
(4) a description of any engagements at the Under
Secretary level or higher with an official of a covered
country with respect to anticipated major unit
movements in the area of responsibility of the United
States European Command during the period covered by
the future-years defense program most recently
submitted to Congress pursuant to section 221 of title
10, United States Code, including--
(A) a description of the engagement with each
covered country during the calendar year
preceding the calendar during which the report
is submitted;
(B) a description of any specific
requirements identified in order to host a
major unit; and
(C) in the case of a covered country has been
determined to be unsuitable for hosting a major
unit of the Armed Forces, a description of why
it was determined unsuitable; and
(5) any other matter the Secretary determines is
relevant.
(b) Definitions.--In this section:
(1) The term ``covered country'' means Romania,
Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria,
the Czech Republic, or Slovakia.
(2) The term ``major unit'' means an organizational
unit composed of more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL FACILITIES
IN AFRICA.
(a) In General.--Not later than May 15, 2023, the Secretary
of Defense shall submit to the congressional defense committees
a report on the effects of current or planned covered naval
facilities in Africa on the interests of the Department of
Defense.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An identification of--
(A) any location in Africa where a covered
naval facility has been established; and
(B) any location in Africa where a covered
naval facility is planned for construction.
(2) A detailed description of--
(A) any agreement entered into between China
or Russia and a country or government in Africa
providing for or enabling the establishment or
operation of a covered naval facility in
Africa; and
(B) any efforts by the Department of Defense
to change force posture, deployments, or other
activities in Africa as a result of current or
planned covered naval facilities in Africa.
(3) An assessment of--
(A) the effect that each current covered
naval facility has had on Department of Defense
interests in and around Africa, including
Department of Defense operational plans in the
areas of responsibility of geographic combatant
commands other than United States Africa
Command;
(B) the effect that each planned covered
naval facility is expected to have on
Department of Defense interests in and around
Africa, including Department of Defense
operational plans in the areas of
responsibility of geographic combatant commands
other than United States Africa Command;
(C) the policy objectives of China and Russia
in establishing current and future covered
naval facilities at the locations identified
under paragraph (1); and
(D) the specific military capabilities
supported by each current or planned covered
naval facility.
(c) Form of Report.--The report required under subsection (a)
shall be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``Africa'' means all countries in the
area of operations of United States Africa Command and
Egypt.
(2) The term ``covered naval facility'' means a naval
facility owned, operated, or otherwise controlled by
the People's Republic of China or the Russian
Federation.
(3) The term ``naval facility'' means a naval base,
civilian sea port with dual military uses, or other
facility intended for the use of warships or other
naval vessels for refueling, refitting, resupply, force
projection, or other military purposes.
Subtitle G--Other Matters
SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of
subtitle A is amended by striking the item relating to
the second chapter 19 (relating to cyber matters).
(2) Section 113 is amended--
(A) in subsection (l)(2)(F), by inserting a
period after ``inclusion in the armed forces'';
and
(B) in subsection (m), by redesignating the
second paragraph (8) as paragraph (9).
(3) The section heading for section 2691 is amended
by striking ``state'' and inserting ``State''.
(4) Section 3014 is amended by striking ``section
4002(a) or 4003'' and inserting ``section 4021(a) or
4022''.
(5) Section 4423(e) is amended by striking ``section
4003'' and inserting ``section 4022''.
(6) Section 4831(a) is amended by striking ``section
4002'' and inserting ``section 4021''.
(7) Section 4833(c) is amended by striking ``section
4002'' and inserting ``section 4021''.
(b) National Defense Authorization Act for Fiscal Year
2022.--Effective as of December 27, 2021, and as if included
therein as enacted, section 907(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended by striking ``116-283'' and inserting ``115-232''.
(c) National Defense Authorization Act for Fiscal Year
2020.--Effective as of December 20, 2019, and as if included
therein as enacted, section 905(a)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is amended by inserting a period at the end.
(d) National Defense Authorization Act for Fiscal Year
2014.--Effective as of December 26, 2013, and as if included
therein as enacted, section 932(c)(2)(D) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 10 U.S.C. 2224 note) is amended by striking ``subsection
(c)(3)'' and inserting ``paragraph (3)''.
(e) Automatic Execution of Conforming Changes to Tables of
Sections, Tables of Contents, and Similar Tabular Entries in
Defense Laws.--
(1) Elimination of need for separate conforming
amendment.--Chapter 1 of title 10, United States Code,
is amended by adding at the end the following new
section:
``Sec. 102. Effect of certain amendments on conforming changes to
tables of sections, tables of contents, and similar
tabular entries
``(a) Automatic Execution of Conforming Changes.--When an
amendment to a covered defense law adds a section or larger
organizational unit to the covered defense law, repeals or
transfers a section or larger organizational unit in the
covered defense law, or amends the designation or heading of a
section or larger organizational unit in the covered defense
law, that amendment also shall have the effect of amending any
table of sections, table of contents, or similar tabular
entries in the covered defense law to alter the table to
conform to the changes made by the amendment.
``(b) Exceptions.--Subsection (a) shall not apply to an
amendment described in such subsection when--
``(1) the amendment or a clerical amendment enacted
at the same time expressly amends a table of sections,
table of contents, or similar tabular entries in the
covered defense law to alter the table to conform to
the changes made by the amendment; or
``(2) the amendment otherwise expressly exempts
itself from the operation of this section.
``(c) Covered Defense Law.--In this section, the term
`covered defense law' means--
``(1) this title;
``(2) titles 32 and 37;
``(3) any national defense authorization Act that
authorizes funds to be appropriated for a fiscal year
to the Department of Defense; and
``(4) any other law designated in the text thereof as
a covered defense law for purposes of application of
this section.''.
(2) Conforming amendment.--The heading of chapter 1
of title 10, United States Code, is amended to read as
follows:
``CHAPTER 1--DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND
RELATED MATTERS''.
(3) Application of amendment.--Section 102 of title
10, United States Code, as added by paragraph (1),
shall apply to the amendments made by this section and
other amendments made by this Act.
(f) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act
other than this section, the amendments made by this section
shall be treated as having been enacted immediately before any
such amendments by other provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER OF
EXCELLENCE.
(a) Civilian Protection Center of Excellence.--
(1) In general.--Chapter 7 of title 10, United States
Code, is amended by inserting after section 183a the
following new section:
``Sec. 184. Civilian Protection Center of Excellence
``(a) Establishment.--The Secretary of Defense shall operate
the Civilian Protection Center of Excellence. The purpose of
the Center shall be to--
``(1) serve as the focal point for matters related to
civilian casualties and other forms of civilian harm
resulting from military operations involving the United
States Armed Forces; and
``(2) institutionalize and advance knowledge,
practices, and tools for preventing, mitigating, and
responding to civilian harm.
``(b) Purpose.--The Center shall be used to--
``(1) develop standardized civilian-harm operational
reporting and data management processes to improve data
collection, sharing, and learning across the Department
of Defense;
``(2) develop, recommend, and review guidance, and
the implementation of guidance, on how the Department
responds to civilian harm;
``(3) develop recommended guidance for addressing
civilian harm across the full spectrum of armed
conflict and for use in doctrine and operational plans;
``(4) recommend training and exercises for the
prevention and investigation of civilian harm;
``(5) develop a repository of civilian casualty and
civilian harm information;
``(6) capture lessons learned from assessments and
investigations of civilian casualty incidents and
supporting institutionalization of such lessons learned
within policy, doctrine, training, exercises, and
tactics, techniques, and procedures of the Department
of Defense;
``(7) support the coordination and synchronization of
efforts across combatant commands, the Department of
State, and other relevant United States Government
departments and agencies to prevent, mitigate, and
respond to incidents of civilian harm;
``(8) engage with nongovernmental organizations and
civilian casualty experts; and
``(9) perform such other functions as the Secretary
of Defense may specify.
``(c) Annual Report.--The Secretary of Defense shall submit
to the congressional defense committees, and make publicly
available on an appropriate website of the Department, an
annual report on the activities of the Center.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after
the item relating to section 183a the following new
item:
``184. Civilian Protection Center of Excellence.''.
(b) Deadline for Establishment.--The Civilian Protection
Center of Excellence, as required under section 184 of title
10, United States Code, as added by subsection (a), shall be
established by not later than 90 days after the date of the
enactment of this Act.
(c) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the establishment of such Civilian Protection Center of
Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.
Section 4093(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) In coordination with the efforts under paragraph (2),
the Secretary of Defense shall additionally establish a
program, which shall be known as the `Ronald V. Dellums
Memorial Fellowship in STEM', to provide financial assistance
under this section to at least 30 students from communities
that are underrepresented in the Department of Defense STEM
workforce, not fewer of 50 percent of whom shall attend
historically Black colleges and universities and minority-
serving institutions. As part of such program, the Secretary
shall establish an internship program that provides each
student who is awarded a fellowship under this paragraph with
an internship in an organization or element of the Department
of Defense, and to the extent practicable, each such student
shall be paired with a mid-level or a senior-level official of
the relevant organization or element of the Department of
Defense who shall serve as a mentor during the internship.''.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED FORCES KILLED
IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.
Section 1087 of National Defense Authorization Act for Fiscal
Year 2022 (40 U.S.C. 8903 note) is amended by striking ``The
Secretary of Defense may'' and inserting ``The Secretary of
Defense shall, not later than 1 year after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 2023,''.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS.
Section 1090 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--
'' before ``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan,
Iraq, and Syria.'' and inserting ``of any contingency
operation conducted by the United States Armed Forces
on or after September 18, 2001.''; and
(3) by adding at the end the following new
subsections:
``(b) Display of Information.--The information required to be
posted under subsection (a) shall, to the extent practicable--
``(1) be posted directly on the website of the
Department of Defense, in an accessible and clear
format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each contingency operation, a list
of countries where the contingency operation has taken
place.
``(c) Updates.--The Secretary shall ensure that all the
information required to be posted under subsection (a) is
updated by not later than 90 days after the last day of each
fiscal year.
``(d) Contingency Operation Defined.--In this section, the
term `contingency operation' has the meaning given such term in
section 101(a)(13) of title 10, United States Code.''.
SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN ENERGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) reliance on Russian energy poses a critical
challenge for national security activities in the area
of responsibility of the United States European
Command; and
(2) in order to reduce the vulnerability of United
States military facilities to disruptions caused by
reliance on Russian energy, the Department of Defense
should establish and implement plans to reduce reliance
on Russian energy for all main operating bases in the
area of responsibility of the United States European
Command.
(b) Eliminating Use of Russian Energy.--It shall be the goal
of the Department of Defense to eliminate the use of Russian
energy on each main operating base in the area of
responsibility of the United States European Command by not
later than five years after the date of the completion of an
installation energy plan for such base, as required under this
section.
(c) Installation Energy Plans for Main Operating Bases.--
(1) Identification of installations.--Not later than
June 1, 2023, the Secretary of Defense shall submit to
the congressional defense committees a list of main
operating bases within the area of responsibility of
the United States European Command ranked according to
mission criticality and vulnerability to energy
disruption.
(2) Submittal of plans.--Not later than 12 months
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees--
(A) an installation energy plan for each main
operating base on the list submitted under
paragraph (1); and
(B) an assessment of the feasibility of
reaching the goal for the elimination of the
use of Russian energy pursuant to subsection
(b) on that base, including--
(i) a description of the steps that
would be required to meet such goal;
and
(ii) an analysis of the effects such
steps would have on the national
security of the United States.
(d) Content of Plans.--Each installation energy plan for a
main operating base shall include each of the following with
respect to that base:
(1) An assessment of the energy resilience
requirements, resiliency gaps, and energy-related
cybersecurity requirements of the base, including with
respect to operational technology, control systems, and
facilities-related control systems.
(2) An identification of investments in technology
required to improve energy resilience, reduce demand,
strengthen energy conservation, and support mission
readiness.
(3) An identification of investments in
infrastructure, including microgrids, required to
strengthen energy resilience and mitigate risk due to
grid disturbance.
(4) Recommendations related to opportunities for the
use of renewable energy, clean energy, nuclear energy,
and energy storage projects to reduce dependence on
natural gas.
(5) An assessment of how the requirements and
recommendations included pursuant to paragraphs (2)
through (4) interact with the energy policies of the
country where the base is located, both at present and
into the future.
(e) Implementation of Plans.--
(1) Deadline for implementation.--Not later than 30
days after the date on which the Secretary submits an
installation energy plan for a base under subsection
(c)(2), the Secretary shall--
(A) begin implementing the plan; and
(B) provide to the congressional defense
committees a briefing on the contents of the
plan and the strategy of the Secretary for
implementing the mitigation measures identified
in the plan.
(2) Prioritization of certain projects.--In
implementing an installation energy plan for a base
under this section, the Secretary shall prioritize
projects requested under section 2914 of title 10,
United States Code, to mitigate assessed risks and
improve energy resilience, energy security, and energy
conservation at the base.
(3) Nonapplication of certain other authorities.--
Subsection (d) of section 2914 of title 10, United
States Code, shall not apply with respect to any
project carried out pursuant to this section or
pursuant to an installation energy plan for a base
under this section.
(f) Policy for Future Bases.--The Secretary of Defense shall
establish a policy to ensure that any new military base in the
area of responsibility of the United States European Command is
established in a manner that proactively includes the
consideration of energy security, energy resilience, and
mitigation of risk due to energy disruption.
(g) Annual Congressional Briefings.--The Secretary of Defense
shall provide to the congressional defense committees annual
briefings on the installation energy plans required under this
section. Such briefings shall include an identification of each
of the following:
(1) The actions each main operating base is taking to
implement the installation energy plan for that base.
(2) The progress that has been made toward reducing
the reliance of United States bases on Russian energy.
(3) The steps being taken and planned across the
future-years defense program to meet the goal of
eliminating reliance on Russian energy.
SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEADQUARTERS IN AREA OF
OPERATIONS OF UNITED STATES INDO-PACIFIC COMMAND.
(a) Establishment.--Not later than October 1, 2024, the
Secretary of Defense shall establish a joint force headquarters
in the area of operations of United States Indo-Pacific
Command, in accordance with the implementation plan required
under subsection (b).
(b) Implementation Plan and Establishment of Joint Force
Headquarters.--
(1) Implementation plan.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees an implementation plan for the
establishment of a joint force headquarters in the area
of operations of United States Indo-Pacific Command to
serve as an operational command. Such plan shall
include--
(A) the integration of joint all domain
command and control effects chains and mission
command and control, including in conflicts
that arise with minimal warning;
(B) the integration of the capabilities of
Assault Breaker II, developed by the Defense
Advanced Research Projects Agency, and related
developmental efforts as they transition to
operational deployment;
(C) the exercise of other joint all domain
command and control capabilities and functions;
and
(D) such other missions and operational tasks
as the Secretary determines appropriate.
(2) Elements.--The plan required by paragraph (1)
shall include each of the following with respect to the
joint force headquarters to be established:
(A) A description of the operational chain of
command.
(B) An identification of the manning and
resourcing required, relative to assigned
missions, particularly the sources of personnel
required.
(C) A description of the mission and lines of
effort.
(D) A description of the relationship with
existing entities in United States Indo-Pacific
Command, including an assessment of
complementary and duplicative activities with
such entities and the joint force headquarters.
(E) An identification of supporting
infrastructure required.
(F) Such other matters as the Secretary
considers appropriate.
(c) Support for Joint Force Headquarters.--The commander of
the joint force headquarters established under this section
shall be supported by the United States Indo-Pacific Command
subordinate unified commands, subordinate component commands,
standing joint task force, and the Armed Forces.
(d) Annual Report Required.--
(1) In general.--Not later than one year after the
date of the establishment of the joint force
headquarters required under subsection (a), and not
less frequently than once each year thereafter until
December 31, 2028, the Secretary of Defense shall
submit to the congressional defense committees an
annual report on the joint force headquarters
established under this section.
(2) Contents.--Each report submitted under paragraph
(1) shall include the following:
(A) A description of the mission and lines of
effort of the joint force headquarters.
(B) An accounting of the personnel and other
resources supporting the joint force
headquarters, including support external to the
headquarters.
(C) A description of the operational chain of
command of the joint force headquarters.
(D) An assessment of the manning and
resourcing of the joint force headquarters,
relative to assigned missions.
(E) A description of the relationship with
existing entities in Indo-Pacific Command,
including an assessment of complementary and
duplicative activities with such entities and
the joint force headquarters.
(3) Form.--Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a tabletop exercise designed to assess the resiliency
of United States domestic critical infrastructure supporting
United States military requirements in the event of a military
contingency involving Taiwan.
(b) Elements.--A tabletop exercise under this section shall
be designed to evaluate the following elements:
(1) The resilience of domestic critical
infrastructure and logistical chokepoints necessary for
the United States Armed Forces to respond to a
contingency involving Taiwan, including an assessment
of the mobility of the United States Armed Forces in
the event of attacks upon such infrastructure.
(2) Federal Government response options to ensure the
viability of domestic critical infrastructure in the
event of a military contingency involving Taiwan.
(3) The ability of the United States Armed Forces,
with the armed forces of United States allies and
partners, to resist any resort to force or other form
of coercion by an aggressor in the event of a military
contingency involving Taiwan, if domestic critical
infrastructure is compromised.
(4) The importance of nonmilitary actions, including
economic and financial measures, by the United States,
with United States allies and partners, to deter and,
if necessary, respond to a contingency involving
Taiwan.
(c) Consultation Requirement.--In carrying out this section,
the Secretary shall consult with the heads of other appropriate
Federal departments and agencies, as the Secretary determines
appropriate.
(d) Briefing.--
(1) In general.--Not later than 90 days after the
date on which a tabletop exercise is conducted under
this section, the Secretary shall provide to the
appropriate congressional committees a briefing on the
exercise.
(2) Contents.--A briefing under paragraph (1) shall
include--
(A) an assessment of the decision-making,
capability, and response gaps observed in the
tabletop exercise; and
(B) recommendations to improve the resiliency
of, and reduce vulnerabilities in, the domestic
critical infrastructure of the United States in
the event of a military contingency involving
Taiwan.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Oversight and Reform of the House of
Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Homeland Security and Government
Affairs of the Senate.
(2) The term ``tabletop exercise'' means an
activity--
(A) in which key personnel assigned high-
level roles and responsibilities are gathered
to deliberate various simulated emergency or
rapid response situations; and
(B) that is designed to be used to assess the
adequacy of plans, policies, procedures,
training, resources, and relationships or
agreements that guide prevention of, response
to, and recovery from a defined event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT SECRETARY
OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY
CONFLICT.
(a) Plan Required.--Not later than 30 days after the date of
the completion of the manpower study required by the Joint
Explanatory Statement accompanying the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), the
Secretary of Defense shall submit to the congressional defense
committees a plan for adequately staffing the Office of the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict to fulfill the requirements of section
138(b)(2)(A)(i) of title 10, United States Code, for exercising
authority, direction, and control of all special-operations
peculiar administrative matters relating to the organization,
training, and equipping of special operations forces.
(b) Additional Information.--The Secretary shall ensure the
plan required under subsection (a) is informed by the manpower
study required by the Joint Explanatory Statement accompanying
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
(c) Elements.--The plan required under subsection (a) shall
include the following elements:
(1) A validated number of personnel necessary to
fulfill the responsibilities of the Secretariat for
Special Operations outlined in section 139b of title
10, United States Code, and associated funding across
the future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(2) A hiring plan with milestones for gradually
increasing the number of required personnel.
(3) A breakdown of the optimal mix of required
military, civilian, and contractor personnel.
(4) An analysis of the feasibility and advisability
of assigning a member of the Senior Executive Service
to serve as the Deputy Director of the Secretariat for
Special Operations.
(5) An identification of any anticipated funding
shortfalls for personnel supporting the Secretariat for
Special Operations across the future-years defense
program submitted to Congress under section 221 of
title 10, United States Code.
(6) Any other matters the Secretary determines
relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA CENTER FOR
STRATEGIC STUDIES AS THE JAMES M. INHOFE CENTER FOR
AFRICA STRATEGIC STUDIES.
It is the sense of Congress that--
(1) Senator James M. Inhofe--
(A) has, during his more than three decades
of service in the United States Congress--
(i) demonstrated a profound
commitment to strengthening United
States-Africa relations; and
(ii) been one of the foremost leaders
in Congress on matters related to
United States-Africa relations;
(B) was a key advocate for the establishment
of United States Africa Command; and
(C) has conducted 170 visits to countries in
Africa; and
(2) as a recognition of Senator Inhofe's long history
of engaging with, and advocating for, Africa, the
Department of Defense Africa Center for Strategic
Studies should be renamed the James M. Inhofe Center
for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND TIER 2
JOINT TRAINING EXERCISES.
(a) In General.--During fiscal years 2023 through 2027, the
Chairman of the Joint Chiefs of Staff shall require that
offensive and defensive electronic warfare capabilities be
integrated into Tier 1 and Tier 2 joint training exercises.
(b) Requirement to Include Opposing Force.--The Chairman
shall require exercises conducted under subsection (a) to
include an opposing force design based on a current
intelligence assessment of the electromagnetic order of battle
and capabilities of an adversary.
(c) Waiver.--The Chairman may waive the requirements under
subsections (a) and (b) with respect to an exercise if the
Chairman determines that--
(1) the exercise does not require--
(A) a demonstration of electronic warfare
capabilities; or
(B) a militarily significant threat from
electronic warfare attack; or
(2) the integration of offensive and defensive
electronic warfare capabilities into the exercise is
cost prohibitive or not technically feasible based on
the overall goals of the exercise.
(d) Briefing Required.--Concurrent with the submission of the
budget of the President to Congress pursuant to section 1105(a)
of title 31, United States Code, for each of fiscal years 2023
through 2027, the Chairman shall provide to the congressional
defense committees a briefing on exercises conducted under
subsection (a) that includes--
(1) a description of such exercises planned and
included in the budget submission for that fiscal year;
and
(2) the results of each such exercise conducted in
the preceding fiscal year, including--
(A) the extent to which offensive and
defensive electronic warfare capabilities were
integrated into the exercise;
(B) an evaluation and assessment of the
exercise to determine the impact of the
opposing force on the participants in the
exercise, including--
(i) joint lessons learned;
(ii) high interest training issues;
and
(iii) high interest training
requirements; and
(C) whether offensive and defensive
electronic warfare capabilities were part of an
overall joint fires and, if so, a description
of how such capabilities were incorporated into
the joint fires.
(e) Definitions.--In this section:
(1) The term ``electromagnetic order of battle'' has
the meaning given that term in Joint Publication 3-85
titled ``Joint Electromagnetic Spectrum Operations'',
dated May 2020.
(2) The terms ``high interest training issue'',
``high interest training requirement'', ``Tier 1'', and
``Tier 2'' have the meanings given those terms in the
Joint Training Manual for the Armed Forces of the
United States (Document No. CJCSM 3500.03E), dated
April 20, 2015.
(3) The term ``joint fires'' has the meaning given
that term in the publication of the Joint Staff titled
``Insights and Best Practices Focus Paper on
Integration and Synchronization of Joint Fires'', dated
July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.
(a) Establishment.--
(1) In general.--There is established an independent
commission in the legislative branch to be known as the
``Commission on the Future of the Navy'' (in this
section referred to as the ``Commission'').
(2) Duties of commission.--
(A) Study on naval force structure.--
(i) In general.--The Commission shall
undertake a comprehensive study of the
structure of the Navy and policy
assumptions related to the size and
force mixture of the Navy, in order--
(I) to make recommendations
on the size and force mixture
of ships; and
(II) to make recommendations
on the size and force mixture
of naval aviation.
(ii) Considerations.--In undertaking
the study required by this subsection,
the Commission shall carry out each of
the following:
(I) An evaluation and
identification of a structure
for the Navy that--
(aa) has the depth
and scalability to meet
current and anticipated
requirements of the
combatant commands;
(bb) assumes four
different funding
levels of: fiscal year
2023 appropriated plus
inflation; fiscal year
2023 appropriated with
3-5 percent real
growth; such as is
necessary to build,
man, maintain and
modernize the fleet
required by section
1025 of the National
Defense Authorization
Act for 2018 (Public
Law 115-91); and
notionally
unconstrained to meet
the needs of the
National Defense
Strategy including a
particular focus on the
areas of responsibility
of United States Indo-
Pacific Command and
United States European
Command;
(cc) ensures that the
Navy has the capacity
needed to support
current and anticipated
homeland defense and
disaster assistance
missions in the United
States;
(dd) provides for
sufficient numbers of
members of the Navy to
ensure a 115 percent
manning level of all
deployed ships and not
less than a 90 percent
manning level at any
point in time;
(ee) provides a
sustainable force
generation model with
the associated
rotational presence,
personnel, training,
and maintenance
assumptions;
(ff) identifies
forward basing and
stationing
requirements; and
(gg) identifies
potential strategic and
operational risk
tradeoffs and makes
recommendations among
readiness, efficiency,
effectiveness,
capability, and
affordability.
(II) An evaluation and
identification of combatant
command demand and fleet size,
including recommendations to
support--
(aa) readiness;
(bb) training;
(cc) routine ship
maintenance;
(dd) personnel;
(ee) forward
presence;
(ff) depot level ship
maintenance; and
(gg) fleet
modernization.
(III) A detailed review of
the cost of the
recapitalization of the Nuclear
Triad in the Department of
Defense and its effect on the
Navy's budget.
(IV) A review of Navy
personnel policies and training
to determine changes needed
across all personnel activities
to improve training
effectiveness and force
tactical readiness and reduce
operational stress.
(B) Study on shipbuilding and innovation.--
(i) In general.--The Commission shall
conduct a study on shipbuilding, new
construction, and repair shipyards, and
opportunities to better integrate
advanced technologies such as augmented
reality and artificial intelligence in
the fleet.
(ii) Considerations.--In conducting
the study required under this
subsection, the Commission shall
consider the following:
(I) Recommendations for
specific changes to the Navy's
Shipyard Infrastructure
Optimization Program, which may
include legislative changes
such as providing multi-year
appropriations or expanded use
of innovative technology.
(II) Recommendations for
changes to the ship design and
build program that could reduce
technical and schedule risk,
reduce cost, accelerate build
timelines, and prioritize an
incremental approach to
introducing change.
(III) Recommendations for
changes to the ship depot
maintenance program in order to
reduce overhaul timelines,
integrate current technologies
into ships, and reduce costs.
(3) Powers of commission.--
(A) Hearings.--The Commission may hold such
hearings, sit and act at such times and places,
take such testimony, and receive such evidence
as the Commission considers advisable to carry
out its duties under this section.
(B) Information from federal agencies.--The
Commission may secure directly from any Federal
department or agency such information as the
Commission considers necessary to carry out its
duties under this section. Upon request of the
Co-Chairs of the Commission, the head of such
department or agency shall furnish such
information to the Commission.
(C) Use of postal service.--The Commission
may use the United States mails in the same
manner and under the same conditions as other
departments and agencies of the Federal
Government.
(D) Authority to accept gifts.--
(i) In general.--The Commission may
accept, use, and dispose of gifts or
donations of services, goods, and
property from non-Federal entities for
the purposes of aiding and facilitating
the work of the Commission. The
authority under this paragraph does not
extend to gifts of money.
(ii) Documentation; conflicts of
interest.--The Commission shall
document gifts accepted under the
authority provided by clause (i) and
shall avoid conflicts of interest or
the appearance of conflicts of
interest.
(iii) Compliance with congressional
ethics rules.--Except as specifically
provided in this section, a member of
the Commission shall comply with rules
set forth by the Select Committee on
Ethics of the Senate and the Committee
on Ethics of the House of
Representatives governing employees of
the Senate and the House of
Representatives, respectively.
(4) Report required.--Not later than July 1, 2024,
the Commission shall submit to the Committees on Armed
Services of the Senate and House of Representatives an
unclassified report, with classified annexes if
necessary, that includes the findings and conclusions
of the Commission as a result of the studies required
under this section, together with its recommendations
for such legislative actions as the Commission
considers appropriate in light of the results of the
studies.
(b) Membership.--
(1) Composition.--The Commission shall be composed of
8 members, of whom--
(A) one shall be appointed by the Speaker of
the House of Representatives;
(B) one shall be appointed by the Minority
Leader of the House of Representatives;
(C) one shall be appointed by the Majority
Leader of the Senate;
(D) one shall be appointed by the Minority
Leader of the Senate;
(E) one shall be appointed by the Chairman of
the Committee on Armed Services of the Senate;
(F) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the Senate;
(G) one shall be appointed by the Chairman of
the Committee on Armed Services of the House of
Representatives; and
(H) one shall be appointed by the Ranking
Member of the Committee on Armed Services of
the House of Representatives.
(2) Co-chairs.--There shall be two Co-Chairs of the
Commission. The Republican leadership of the Senate and
House of Representatives shall jointly select one Co-
Chair, and the Democratic leadership of the Senate and
House of Representatives shall jointly select the
other.
(3) Appointment date; notifications.--
(A) Members shall be appointed to the
commission under paragraph (1) by not later
than 90 days after the date of enactment of
this Act.
(B) Individuals making appointments under
paragraph (1) shall provide notice of the
appointments to the Secretary of Defense (in
this section referred to as the ``Secretary'').
(4) Qualifications and expertise.--
(A) In general.--In making appointments under
this subsection, consideration shall be given
to individuals with expertise in--
(i) United States naval policy and
strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and
weapons;
(iv) naval force structure design,
organization, and employment;
(v) Navy personnel matters;
(vi) Navy acquisition and
sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft
procurement; and
(ix) Navy ship and aircraft depot
maintenance.
(B) Restriction on appointment.--Officers or
employees of the Federal Government (other than
experts or consultants the services of which
are procured under section 3109 of title 5,
United States Code) may not be appointed as
members of the Commission.
(C) Restriction on members of congress.--
Members of Congress may not serve on the
Commission.
(5) Period of appointment; vacancies; removal of
members.--
(A) Appointment duration.--Members shall be
appointed for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission
shall not affect its powers, but shall be
filled in the same manner as the original
appointment.
(C) Removal of members.--A member may be
removed from the Commission for cause by the
individual serving in the position responsible
for the original appointment of such member
under subsection (b)(1), provided that notice
has first been provided to such member of the
cause for removal and voted and agreed upon by
three quarters of the members serving. A
vacancy created by the removal of a member
under this subsection shall not affect the
powers of the Commission, and shall be filled
in the same manner as the original appointment
was made.
(D) Quorum.--.A majority of the members
serving on the Commission shall constitute a
quorum.
(E) Initial meeting.--Not later than 30 days
after the date on which all members of the
Commission have been appointed as published in
the Congressional Record, the Commission shall
hold its initial meeting.
(c) Personnel Matters.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States
Code, including the required supervision under
subsection (a)(3) of such section, members of the
Commission shall be deemed to be Federal employees in
the legislative branch subject to all the laws and
policies applicable to legislative branch employees.
(2) Oath of office.--Notwithstanding the provision of
section 2903(b) of title 5, United States Code, an
employee of an Executive Branch agency, otherwise
authorized to administer oaths under section 2903 of
title 5, United States Code, may administer the oath of
office to Commissioners for the purpose of their
service to the Commission.
(3) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the
Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements, except that no person may be provided
with access to classified information under this Act
without the appropriate security clearances.
(4) Pay for members.--Each member of the Commission
may be compensated at a rate not to exceed the daily
equivalent of the annual rate of basic pay payable for
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Commission. All
members of the Commission who are officers or employees
of the United States shall serve without compensation
additional to that received for their services as
officers or employees of the United States.
(5) Staff.--
(A) Executive director.--The Co-Chairs of the
Commission may appoint and fix the rate of
basic pay for an Executive Director in
accordance with section 3161 of title 5, United
States Code.
(B) Commission staff.--The Executive Director
may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission
in accordance with section 3161 of title 5,
United States Code.
(C) Detailees authorized.--On a reimbursable
or non-reimbursable basis, the heads of
departments and agencies of the Federal
Government may provide, and the Commission may
accept personnel detailed from such departments
and agencies, including active-duty military
personnel.
(D) Travel expenses.--The members and staff
of the Commission shall be allowed travel
expenses, including per diem in lieu of
subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from
their homes or regular places of business in
the performance of services for the Commission.
(d) Support.--
(1) Assistance from department of defense.--
(A) In general.--Of the amounts authorized to
be appropriated for the Department of Defense
for support of the Commission, the Secretary
may make transfers to the Commission for
commission expenses, including compensation of
commission members, officers, and employees,
and provision of other such services, funds,
facilities, and other support services as
necessary for the performance of the
Commission's functions. Funds made available to
support and provide assistance to the
Commission may be used for payment of
compensation of members, officers, and
employees of the Commission without transfer
under this subparagraph. Amounts transferred
under this subparagraph shall remain available
until expended. Transfer authority provided by
this subparagraph is in addition to any other
transfer authority provided by law. Section
2215 of title 10, United States Code, shall not
apply to a transfer of funds under this
subparagraph.
(B) Treasury account authorized.--The
Secretary of the Treasury may establish an
account or accounts for the Commission from
which any amounts transferred under this clause
may be used for activities of the Commission.
(2) Liaison.--The Secretary shall designate at least
one officer or employee of the Department of Defense to
serve as a liaison officer between the Department and
the Commission.
(3) Additional support.--To the extent that funds are
available for such purpose, or on a reimbursable basis,
the Secretary may, at the request of the Co-Chairs of
the Commission--
(A) enter into contracts for the acquisition
of administrative supplies and equipment for
use by the Commission; and
(B) make available the services of a Federal
funded research and development center or an
independent, nongovernmental organization,
described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
(4) Preliminary administrative support authorized.--
Upon the appointment of the Co-Chairs under subsection
(b), the Secretary may provide administrative support
authorized under this section necessary to facilitate
the standing up of the Commission.
(e) Termination of Commission.--The Commission shall
terminate 90 days after the submission of the report required
under subsection (a).
SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.
(a) Pilot Program.--
(1) Pilot program required.--Not later than 90 days
after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration,
in coordination with the Secretary of Defense, shall
establish a pilot program for the purpose of
developing, testing, and assessing dynamic scheduling
and management of special activity airspace in order to
accommodate emerging military testing and training
requirements, including--
(A) special activity airspace for use by the
Department of Defense for emerging military
testing and training requirements of infrequent
or limited durations; and
(B) streamlining the process for the
Department of Defense to request the
designation of special activity airspace for
activities described in subparagraph (A).
(2) Development, test, and assessment of dynamic
airspace.--Under the pilot program established under
paragraph (1), the Administrator and the Secretary
shall jointly test not less than two use cases
concerning temporary or permanent special activity
airspace established by the Federal Aviation
Administration for use by the Department of Defense
that develop, test, and assess--
(A) the availability of such airspace on an
infrequent or limited duration necessary to
accommodate the Department of Defense's
emerging military testing and training
requirements; and
(B) whether the processes for the Department
of Defense to request special activity airspace
for infrequent or limited duration military
testing and training events meet Department of
Defense testing and training requirements.
(b) Requirements.--The pilot program established by
subsection (a) shall not interfere with--
(1) the public's right of transit consistent with
national security;
(2) the use of airspace necessary to ensure the
safety of aircraft within the National Airspace System;
(3) the use of airspace necessary to ensure the
efficient use of the National Airspace System; and
(4) Department of Defense use of special activity
airspace that is established through means other than
the pilot program established by subsection (a).
(c) Report by the Administrator.--
(1) In general.--Not later than two years after the
date of the establishment of the pilot program under
subsection (a)(1), the Administrator shall submit to
the appropriate committees of Congress a report on the
interim findings of the Administrator with respect to
the pilot program.
(2) Elements.--The report submitted under paragraph
(1) shall include an analysis of the following:
(A) How the pilot program established under
subsection (a)(1) affected policies on
establishing and scheduling special activity
airspace with an emphasis on the impact of
allocation and utilization policies to other
nonparticipating aviation users of the National
Airspace System.
(B) Whether the streamlined processes for
dynamic scheduling and management of special
activity airspace involved in the pilot program
established under subsection (a)(1) contributed
to--
(i) the public's right of transit
consistent with national security;
(ii) the use of airspace necessary to
ensure the safety of aircraft within
the National Airspace System; and
(iii) the use of airspace necessary
to ensure the efficient use of the
National Airspace System.
(d) Report by the Secretary of Defense.--Not later than two
years after the date of the establishment of the pilot program
under subsection (a)(1), the Secretary shall submit to the
appropriate committees of Congress a report on the interim
findings of the Secretary with respect to the pilot program.
Such report shall include an analysis of how the pilot program
affected military testing and training.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed
Services, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Transportation and
Infrastructure, the Committee on Science,
Space, and Technology, the Committee on Armed
Services, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``special activity airspace'' means the
following airspace with defined dimensions within the
National Airspace System wherein limitations may be
imposed upon aircraft operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ``use cases'' means a compendium of
airspace utilization data collected from the
development, testing, and assessment conducted under
subsection (a)(1), and other test points or metrics as
agreed to by the Administrator and the Secretary,
within a specific geographic region as determined by
the Administrator and Secretary.
(f) Duration.--The pilot program under subsection (a)(1)
shall continue for not more than three years after the date on
which it is established.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult
sexual assault.
Sec. 1102. Modification and extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES CHOOSING TO REPORT EXPERIENCING
ADULT SEXUAL ASSAULT.
(a) In General.--Chapter 81 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1599j. Restricted reports of incidents of adult sexual assault
``(a) Restricted Reports.--The Secretary of Defense may
provide a civilian employee of the Department of Defense an
opportunity to submit to an individual described in subsection
(d) a restricted report of an alleged incident of adult sexual
assault for the purpose of assisting the employee in obtaining
information and access to authorized victim support services
provided by the Department.
``(b) Restrictions on Disclosures and Initiating
Investigations.--Unless the Secretary determines that a
disclosure is necessary to prevent or mitigate a serious and
imminent safety threat to the employee submitting the report or
to another person, a restricted report submitted pursuant to
subsection (a) shall not--
``(1) be disclosed to the supervisor of the employee
or any other management official; or
``(2) cause the initiation of a Federal civil or
criminal investigation.
``(c) Duties Under Other Laws.--The receipt of a restricted
report submitted under subsection (a) shall not be construed as
imputing actual or constructive knowledge of an alleged
incident of sexual assault to the Department of Defense for any
purpose.
``(d) Individuals Authorized to Receive Restricted Reports.--
An individual described in this subsection is an individual who
performs victim advocate duties under a program for one or more
of the following purposes (or any other program designated by
the Secretary):
``(1) Sexual assault prevention and response.
``(2) Victim advocacy.
``(3) Equal employment opportunity.
``(4) Workplace violence prevention and response.
``(5) Employee assistance.
``(6) Family advocacy.
``(e) Definitions.--In this section:
``(1) Civilian employee.--The term `civilian
employee' has the meaning given the term `employee' in
section 2105 of title 5.
``(2) Sexual assault.--The term `sexual assault' has
the meaning given that term in section 920 of this
title (article 120 of the Uniform Code of Military
Justice), and includes penetrative offenses and sexual
contact offenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599j. Restricted reports of incidents of adult sexual assault.''.
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION
ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING
OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4615), as most recently amended by section 1112
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 135 Stat. 1953), is further amended--
(1) by striking ``that is in the area of
responsibility'' and all that follows through ``United
States Africa Command,'' and
(2) by striking ``through 2022'' and inserting
``through 2023''.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4616) and as most recently amended by
section 1114 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954), is
further amended by striking ``2023'' and inserting ``2024''.
SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW ENFORCEMENT OFFICERS OF THE
DEPARTMENT OF DEFENSE.
(a) Standardized Credentials Required.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall ensure that--
(1) the Secretary of each military department
develops standardized credentials for Defense law
enforcement officers under their respective authority;
(2) the Secretary of each military department issues
such credential to each such officer at no cost to such
officer; and
(3) any Department of Defense common access card
issued to such an officer clearly identifies the
officer as a Defense law enforcement officer.
(b) Defense Law Enforcement Officer Defined.--In this
section, the term ``Defense law enforcement officer'' means a
member of the Armed Forces or civilian employee of the
Department of Defense who--
(1) is authorized by law to engage in or supervise
the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law;
(2) has statutory powers of arrest or apprehension
under section 807(b) of title 10, United States Code
(article 7(b) of the Uniform Code of Military Justice);
and
(3) is authorized by the Department to carry a
firearm.
SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SECURITY FOR
FORMER DEPARTMENT OF DEFENSE OFFICIALS.
During the period beginning on the date of enactment of this
Act and ending on January 1, 2024, subsection (b) of section
714 of title 10, United States Code, shall be applied--
(1) in paragraph (1)(A), by substituting ``a serious
and credible threat'' for ``an imminent and credible
threat'';
(2) in paragraph (2)(B), by substituting ``three
years'' for ``two years''; and
(3) in paragraph (6)(A), by substituting--
(A) ``congressional leadership and the
congressional defense committees'' for ``the
congressional defense committees''; and
(B) by substituting ``the justification for
such determination, scope of the protection,
and the anticipated cost and duration of such
protection'' for ``the justification for such
determination''.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY
POSITIONS IN SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) In General.--Chapter 303 of title 10, United States Code,
is amended by inserting after section 4093 the following new
section:
``Sec. 4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories
``(a) In General.--The Secretary of Defense may carry out a
program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection
(c) in order to assist the military departments in attracting
and retaining high quality acquisition and technology experts
in positions responsible for managing and performing complex,
high-cost research and technology development efforts in the
science and technology reinvention laboratories of the
Department of Defense.
``(b) Approval Required.--The program may be carried out in a
military department only with the approval of the service
acquisition executive of the military department concerned.
``(c) Positions.--The positions described in this subsection
are positions in the science and technology reinvention
laboratories of the Department of Defense that--
``(1) require expertise of an extremely high level in
a scientific, technical, professional, or acquisition
management field; and
``(2) are critical to the successful accomplishment
of an important research or technology development
mission.
``(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
``(1) Authority to fix the rate of basic pay for a
position at a rate not to exceed 150 percent of the
rate of basic pay payable for level I of the Executive
Schedule, upon the approval of the service acquisition
executive concerned.
``(2) Authority to fix the rate of basic pay for a
position at a rate in excess of 150 percent of the rate
of basic pay payable for level I of the Executive
Schedule, upon the approval of the Secretary of the
military department concerned.
``(e) Limitations.--
``(1) In general.--The authority in subsection (a)
may be used only to the extent necessary to
competitively recruit or retain individuals
exceptionally well qualified for positions described in
subsection (c).
``(2) Number of positions.--The authority in
subsection (a) may not be used with respect to more
than five positions in each military department at any
one time, unless the Under Secretary of Defense for
Research and Engineering, in concurrence with the
Secretaries of the military departments concerned,
authorizes the transfer of positions from one military
department to another.
``(3) Term of positions.--The authority in subsection
(a) may be used only for positions having a term of
less than five years.
``(f) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term
`science and technology reinvention laboratories of the
Department of Defense' means the laboratories designated as
science and technology reinvention laboratories by section
4121(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 303 of such title is amended by inserting
after the item relating to section 4093 the following new item:
``4094. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.''.
(c) Application.--This section shall take effect immediately
after section 881 of this Act.
SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall promulgate guidance to
the military departments to promote consistency in policies
relating to flexible workplace programs. Such guidance shall
address at a minimum the conditions under which an employee is
allowed to perform all or a portion of assigned duties--
(1) at a telecommuting center established pursuant to
statute; or
(2) through the use of flexible workplace services
agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-
LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT
APPOINTMENTS.
Section 3304 of title 5, United States Code, is amended by
adding at the end the following:
``(g) Eligibility of Department of Defense Employees in Time-
limited Appointments to Compete for Permanent Appointments.--
``(1) Definitions.--In this subsection--
``(A) the term `Department' means the
Department of Defense; and
``(B) the term `time-limited appointment'
means a temporary or term appointment in the
competitive service.
``(2) Eligibility.--Notwithstanding any other
provision of this chapter or any other provision of law
relating to the examination, certification, and
appointment of individuals in the competitive service,
an employee of the Department serving under a time-
limited appointment is eligible to compete for a
permanent appointment in the competitive service when
the Department is accepting applications from
individuals within its own workforce, or from
individuals outside its own workforce, under merit
promotion procedures, if--
``(A) the employee was appointed initially
under open, competitive examination under
subchapter I of this chapter to the time-
limited appointment;
``(B) the employee has served under 1 or more
time-limited appointments within the Department
for a period or periods totaling more than 2
years without a break of 2 or more years; and
``(C) the employee's performance has been at
an acceptable level of performance throughout
the period or periods referred to in
subparagraph (B).
``(3) Career-conditional status; competitive
status.--An individual appointed to a permanent
position under this section--
``(A) becomes a career-conditional employee,
unless the employee has otherwise completed the
service requirements for career tenure; and
``(B) acquires competitive status upon
appointment.
``(4) Former employees.--If the Department is
accepting applications as described in paragraph (2), a
former employee of the Department who served under a
time-limited appointment and who otherwise meets the
requirements of this section shall be eligible to
compete for a permanent position in the competitive
service under this section if--
``(A) the employee applies for a position
covered by this section not later than 2 years
after the most recent date of separation; and
``(B) the employee's most recent separation
was for reasons other than misconduct or
performance.
``(5) Regulations.--The Office of Personnel
Management shall prescribe regulations necessary for
the administration of this subsection.''.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, united states code, is amended--
(1) in subsection (a)(8), in the second sentence, by
striking ``December 31, 2025'' and inserting ``December
31, 2030'';
(2) in subsection (b)--
(A) in paragraph (1)(H)--
(i) by striking ``10 positions'' and
inserting ``15 positions''; and
(ii) by striking ``3 such positions''
and inserting ``5 such positions''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause
(i), by striking ``paragraph (1)(B)''
and inserting ``subparagraphs (B) and
(H) of paragraph (1)'';
(ii) in clause (i)--
(I) by striking ``to any of''
and inserting ``to any of
the''; and
(II) by inserting ``and any
of the 5 positions designated
by the Director of the Space
Development Agency'' after
``Projects Agency''; and
(iii) in clause (ii), by striking
``the Director'' and inserting ``the
Director of the Defense Advanced
Research Projects Agency or the
Director of the Space Development
Agency''; and
(3) in subsection (c)(2), by inserting ``the Space
Development Agency,'' after ``Intelligence Center,''.
SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON DYNAMIC
SHAPING OF THE WORKFORCE TO IMPROVE THE TECHNICAL
SKILLS AND EXPERTISE AT CERTAIN DEPARTMENT OF
DEFENSE LABORATORIES.
(a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) is amended by striking subparagraph (D).
(b) Extension of Authority.--Section 1109(d)(1) of such Act
is amended by striking ``December 31, 2023'' and inserting
``December 31, 2027''.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR
NONCOMPETITIVE APPOINTMENTS OF MILITARY SPOUSES BY
FEDERAL AGENCIES.
(a) Extension of Sunset.--Subsection (e) of section 573 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 5 U.S.C. 3330d note) is
amended, in the matter preceding paragraph (1), by striking
``the date that is 5 years after the date of the enactment of
this Act'' and inserting ``December 31, 2028''.
(b) Repeal of Opm Limitation and Reports.--Subsection (d) of
such section is repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT
OF CYBER AND INFORMATION TECHNOLOGY PERSONNEL TO
PRIVATE SECTOR ORGANIZATIONS.
Section 1110(d) of the National Defense Authorization Act for
Fiscal Year 2010 (5 U.S.C. 3702 note; Public Law 111-84) is
amended by striking ``September 30, 2022'' and inserting
``December 31, 2026''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program.
Sec. 1205. Modification to authority to provide support for conduct of
operations.
Sec. 1206. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
assistance to units of foreign security forces that have
committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation
Pilot Program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress
injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities
of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1242. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1243. Modification to annual report on military and security
developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other
matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People's
Republic of China in rim of the Pacific (RIMPAC) naval
exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and
dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China.
Sec. 1258. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide support to the
People's Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's Republic of
China and entities directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
Subtitle A--Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR PARTICIPATION IN
TRAINING PROGRAM CONDUCTED BY COLOMBIA UNDER THE
UNITED STATES-COLOMBIA ACTION PLAN FOR REGIONAL
SECURITY.
(a) In General.--Subchapter IV of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following:
``Sec. 335. Payment of personnel expenses necessary for participation
in training program conducted by Colombia under the
United States-Colombia Action Plan for Regional
Security
``(a) Authority.--The Secretary of Defense may pay the
expendable training supplies, travel, subsistence, and similar
personnel expenses of, and special compensation for, the
following that the Secretary considers necessary for
participation in the training program conducted by Colombia
under the United States-Colombia Action Plan for Regional
Security:
``(1) Defense personnel of friendly foreign
governments.
``(2) With the concurrence of the Secretary of State,
other personnel of friendly foreign governments and
nongovernmental personnel.
``(b) Limitation.--
``(1) In general.--Except as provided in paragraph
(2), the authority provided in subsection (a) may only
be used for the payment of such expenses of, and
special compensation for, such personnel from
developing countries.
``(2) Exception.-- The Secretary may authorize the
payment of such expenses of, and special compensation
for, such personnel from a country other than a
developing country if the Secretary determines that
such payment is--
``(A) necessary to respond to extraordinary
circumstances; and
``(B) in the national security interest of
the United States.''.
(b) Conforming Amendment.--The table of sections at the
beginning of subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following new
item:
``335. Payment of personnel expenses necessary for participation in
training program conducted by Colombia under the United
States-Colombia Action Plan for Regional Security.''.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.
(a) Support to Friendly Foreign Countries for Conduct
Operations.--Section 331(d)(2) of title 10, United States Code,
is amended--
(1) by redesignating subparagraph (E) as subparagraph
(F); and
(2) by inserting after subparagraph (D) the following
new subparagraph:
``(E) A description of each entity with which
the applicable friendly foreign country is
engaged in hostilities and whether each such
entity is covered by an authorization for the
use of military force.''.
(b) Defense Institution Capacity Building.--Section 332(b)(2)
of title 10, United States Code, is amended--
(1) by striking ``quarter'' each place it appears;
and
(2) by striking ``Each fiscal year'' and inserting
``Not later than February 1 of each year''.
(c) Authority to Build Capacity of Foreign Forces.--Section
333(f) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Quarterly'' and
inserting ``Semi-Annual'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``a quarterly'' and inserting
``a semi-annual''; and
(B) by striking ``calendar quarter'' and
inserting ``180 days''.
(d) Annual Report on Security Cooperation Activities.--
Section 386 of title 10, United States Code, is amended to read
as follows:
``Sec. 386. Annual report
``(a) Annual Report Required.--Not later than March 31 of
each year, the Secretary of Defense shall submit to the
appropriate congressional committees a report that sets forth,
on a country-by-country basis, an overview of security
cooperation activities carried out by the Department of Defense
during the fiscal year in which such report is submitted, using
the authorities specified in subsection (b).
``(b) Elements of Report.--Each report required under
subsection (a) shall include, with respect to each country and
for the entirety of the period covered by such report, the
following:
``(1) A narrative summary that provides--
``(A) a brief overview of the primary
security cooperation objectives for the
activities encompassed by the report; and
``(B) a description of how such activities
advance the theater security cooperation
strategy of the relevant geographic combatant
command.
``(2) A table that includes an aggregated amount with
respect to each of the following:
``(A) With respect to amounts made available
for section 332(a) of this title, the
Department of Defense cost to provide any
Department personnel as advisors to a ministry
of defense.
``(B) With respect to amounts made available
for section 332(b) of this title, the
Department of Defense incremental execution
costs to conduct activities under such section.
``(C) With respect to section 333 of this
title, the value of all programs for which
notice is required by such section.
``(D) With respect to section 335 of this
title, the total Department of Defense costs to
fund expenses to attend training provided by
the Government of Colombia that began during
the period of the report.
``(E) With respect to amounts made available
for section 341 of this title, the Department
of Defense manpower and travel costs to conduct
bi-lateral state partnership program
engagements with the partner country.
``(F) With respect to amounts made available
for section 342 of this title, the Department
of Defense-funded, foreign-partner travel costs
to attend a regional center activity that began
during the period of the report.
``(G) With respect to amounts made available
for section 345 of this title, the estimated
Department of Defense execution cost to
complete all training that began during the
period of the report.
``(H) With respect to amounts made available
for section 2561 of this title, the planned
execution cost of completing humanitarian
assistance activities for the partner country
that were approved for the period of the
report.
``(3) A table that includes aggregated totals for
each of the following:
``(A) Pursuant to section 311 of this title,
the number of personnel from a partner country
assigned to a Department of Defense
organization.
``(B) Pursuant to section 332(a) of this
title, the number of Department of Defense
personnel assigned as advisors to a ministry of
defense.
``(C) Pursuant to section 332(b) of this
title, the number of activities conducted by
the Department of Defense.
``(D) The number of new programs carried out
during the period of the report that required
notice under section 333 of this title.
``(E) With respect to section 335 of this
title, the number of partner country officials
who participated in training provided by the
Government of Colombia that began during the
period of the report.
``(F) With respect to section 341 of this
title, the number of Department of Defense
bilateral state partnership program engagements
with the partner country that began during the
period of the report.
``(G) With respect to section 342 of this
title, the number of partner country officials
who participated in regional center activity
that began during the period of the report.
``(H) Pursuant to the authorities under
sections 343, 345, 348, 349, 350 and 352 of
this title, the total number of partner country
personnel who began training during the period
of the report.
``(I) Pursuant to section 347 of this title,
the number of cadets from the partner country
that were enrolled in the Service Academies
during the period of the report.
``(J) Pursuant to amounts made available to
carry out section 2561 of this title, the
number of new humanitarian assistance projects
funded through the Overseas Humanitarian
Disaster and Civic Aid account that were
approved during the period of the required
report.
``(4) A table that includes the following:
``(A) For each person from the partner
country assigned to a Department of Defense
organization pursuant to section 311 of this
title--
``(i) whether the person is a member
of the armed forces or a civilian;
``(ii) the rank of the person (if
applicable); and
``(iii) the component of the
Department of Defense and location to
which such person is assigned.
``(B) With respect to each civilian employee
of the Department of Defense or member of the
armed forces that was assigned, pursuant to
section 332(a) of this title, as an advisor to
a ministry of defense during the period of the
report, a description of the object of the
Department of Defense for such support and the
name of the ministry or regional organization
to which the employee or member was assigned.
``(C) With respect to each activity commenced
under section 332(b) of this title during the
period of the report--
``(i) the name of the supported
ministry or regional organization;
``(ii) the component of the
Department of Defense that conducted
the activity;
``(iii) the duration of the activity;
and
``(iv) a description of the objective
of the activity.
``(D) For each program that required notice
to Congress under section 333 of this title
during the period of the report--
``(i) the units of the national
security forces of the foreign country
to which assistance was provided;
``(ii) the type of operation
capability assisted;
``(iii) a description of the nature
of the assistance being provided; and
``(iv) the estimated cost included in
the notice provided for such
assistance.
``(E) With respect to each Government of
Colombia training activity which included
Department of Defense funded participants under
section 335 of this title that commenced during
the period of the report--
``(i) the units of the defense
personnel of the friendly foreign
country to which the Department of
Defense funded assistance was provided;
``(ii) the units of the Government of
Colombia that conducted the training
activity;
``(iii) the duration of the training
activity provided by the Government of
Colombia;
``(iv) a description of the objective
of the training activity provided by
the Government of Colombia.
``(F) With respect to each activity commenced
under section 341 of this title during the
period of the report--
``(i) a description of the activity;
``(ii) the duration of the activity;
``(iii) the number of participating
members of the National Guard; and
``(iv) the number of participating
personnel of foreign country.
``(G) With respect to each activity of a
Regional Center for Security Studies commenced
under section 342 of this title during the
period of the report--
``(i) a description of the activity;
``(ii) the name of the Regional
Center that sponsored the activity;
``(iii) the location and duration of
the training; and
``(iv) the number of officials from
the foreign country who participated
the activity.
``(H) With respect to each training event
that commenced under sections 343, 345, 348,
349, 350, or 352 of this title during the
period of the report--
``(i) a description of the training;
``(ii) the location and duration of
the training; and
``(iii) the number of personnel of
the foreign country trained.
``(I) With respect to each new project
approved under section 2561 of this title
during the period of the report and funded
through the Overseas Humanitarian Disaster and
Civic Aid account--
``(i) the title of the project;
``(ii) a description of the
assistance to be provided; and
``(iii) the anticipated costs to
provide such assistance.''.
(e) Applicability of Amendment to Annual Report
Requirements.--With respect to a report that was required to be
submitted under section 386 of title 10, United States Code,
prior to the date of the enactment of this Act, that has not
been submitted as of such date and relates to a year preceding
fiscal year 2023, such a report may be submitted in accordance
with--
(1) the requirements of such section 386 as amended
by subsection (d); or
(2) the requirements of such section 386 as in effect
on the day before the date of the enactment of this
Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN MULTINATIONAL
CENTERS OF EXCELLENCE.
Section 344(f) of title 10, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``and'' at the
end;
(2) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the International Special Training Centre,
established in 1979 and located in Pfullendorf,
Germany.''.
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE FOR AN
IRREGULAR WARFARE CENTER AND A REGIONAL DEFENSE
FELLOWSHIP PROGRAM.
(a) In General.--Section 345 of title 10, United States Code,
is amended--
(1) by amending the section heading to read as
follows: ``Irregular Warfare Center and Regional
Defense Fellowship Program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Program Authorized'' and inserting
``Authorities'';
(B) by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary of Defense may--
``(A) operate and administer a Center for
Strategic Studies in Irregular Warfare, to be
known as the `Irregular Warfare Center', in
accordance with the requirements described in
subsection (c); and
``(B) carry out a program, to be known as the
`Regional Defense Fellowship Program', to
provide for the education and training of
foreign personnel described in paragraph (2) at
military or civilian educational institutions,
the Irregular Warfare Center, regional centers,
conferences, seminars, or other training
programs conducted for purposes of regional
defense in connection with irregular warfare or
combating terrorism.'';
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as
amended) the following:
``(2) Covered costs.--The Secretary may pay the
following costs associated with exercising the
authorities under this section:
``(A) Costs of travel, subsistence, and
similar personnel expenses of, and special
compensation for--
``(i) defense personnel of friendly
foreign governments to attend
activities of the Irregular Warfare
Center or attend the Regional Defense
Fellowship Program;
``(ii) with the concurrence of the
Secretary of State, other personnel of
friendly foreign governments and non-
governmental personnel to attend
activities of the Irregular Warfare
Center or attend the Regional Defense
Fellowship Program; and
``(iii) foreign personnel and United
States Government personnel necessary
for the administration and execution of
the authorities under this section.
``(B) Costs associated with the
administration and operation of the Irregular
Warfare Center, including costs associated
with--
``(i) research, communication, the
exchange of ideas, curriculum
development and review, and training of
military and civilian participants of
the United States and other countries,
as the Secretary considers necessary;
and
``(ii) maintaining an international
network of irregular warfare
policymakers and practitioners to
achieve the objectives of the
Department of Defense and the
Department of State.
``(C) Costs associated with strategic
engagement with alumni of the Regional Defense
Fellowship Program to address Department of
Defense objectives and planning on irregular
warfare and combating terrorism topics.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Regulations'' and inserting ``Regulations for
Regional Defense Fellowship Program''; and
(B) in paragraph (1), by striking ``The
program authorized by subsection (a)'' and
inserting ``The authorities granted to the
Secretary of Defense under subsection
(a)(1)(B)'';
(4) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(5) by inserting after subsection (b) the following:
``(c) Irregular Warfare Center.--
``(1) Mission.--The mission of the Irregular Warfare
Center shall be to serve as a central mechanism for
developing the irregular warfare knowledge of the
Department of Defense and advancing the understanding
of irregular warfare concepts and doctrine, in
collaboration with key partners and allies, by--
``(A) coordinating and aligning Department
education curricula, standards, and objectives
related to irregular warfare;
``(B) facilitating research on irregular
warfare, strategic competition, and the role of
the Department in supporting interagency
activities relating to irregular warfare;
``(C) engaging and coordinating with Federal
departments and agencies and with academia,
nongovernmental organizations, civil society,
and international partners to discuss and
coordinate efforts on security challenges in
irregular warfare;
``(D) developing curriculum and conducting
training and education of military and civilian
participants of the United States and other
countries, as determined by the Secretary of
Defense; and
``(E) serving as a coordinating body and
central repository for irregular warfare
resources, including educational activities and
programs, and lessons learned across components
of the Department.
``(2) Employment and compensation of faculty.--With
respect to the Irregular Warfare Center--
``(A) the Secretary of Defense may, subject
to the availability of appropriations, employ a
Director, a Deputy Director, and such civilians
as professors, instructors, and lecturers, as
the Secretary considers necessary; and
``(B) compensation of individuals employed
under this section shall be as prescribed by
the Secretary.
``(3) Partnership with institution of higher
education.--
``(A) In general.--In operating the Irregular
Warfare Center, to promote integration
throughout the United States Government and
civil society across the full spectrum of
irregular warfare competition and conflict
challenges, the Secretary of Defense may
partner with an institution of higher education
(as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
``(B) Types of partnerships.--The Secretary
may establish a partnership under subparagraph
(A) by--
``(i) entering into an
intergovernmental support agreement
pursuant to section 2679 of this title;
or
``(ii) entering into a contract or
cooperative agreement or awarding a
grant through the Defense Security
Cooperation University.
``(C) Determination required.--The Secretary
of Defense shall make a determination with
respect to the desirability of partnering with
an institution of higher education in a
Government-owned, contractor-operated
partnership, such as the partnership structure
used by the Department of Defense for
University Affiliated Research Centers, for
meeting the mission requirements of the
Irregular Warfare Center.
``(4) Roles and responsibilities.--The Secretary of
Defense shall prescribe guidance for the roles and
responsibilities of the relevant components of the
Department of Defense in the administration, operation,
and oversight of the Irregular Warfare Center, which
shall include the roles and responsibilities of the
following:
``(A) The Under Secretary of Defense for
Policy and the Assistant Secretary of Defense
for Special Operations and Low Intensity
Conflict in policy oversight and governance
structure of the Center.
``(B) The Director of the Defense Security
Cooperation Agency, as the Executive Agent in
support of the operation of the Center.
``(C) Any other official of the Department of
Defense, as determined by the Secretary.'';
(6) in subsection (d) (as redesignated), by striking
``subsection (a)'' each place it appears and inserting
``subsection (a)(1)(B)'';
(7) in subsection (e) (as redesignated)--
(A) in paragraph (3), by striking
``subsection (a)'' and inserting ``subsection
(a)(1)(B)''; and
(B) by adding at the end the following:
``(6) A discussion of how the training from the
previous year incorporated lessons learned from ongoing
conflicts.''; and
(8) by inserting after subsection (e) (as
redesignated) the following:
``(f) Annual Review of Irregular Warfare Center.--Not later
than December 1, 2024, and annually thereafter, the Secretary
of Defense--
``(1) shall conduct a review of the structure and
activities of the Irregular Warfare Center to determine
whether such structure and activities are appropriately
aligned with the strategic priorities of the Department
of Defense and the applicable combatant commands; and
``(2) may, after an annual review under paragraph
(1), revise the relevant structure and activities so as
to more appropriately align such structure and
activities with the strategic priorities and combatant
commands.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter V of chapter 16 of title 10, United
States Code, is amended by striking the item relating to
section 345 and inserting the following:
``345. Irregular Warfare Center and Regional Defense Fellowship
Program.''.
(c) Repeal of Treatment as Regional Center for Security
Studies.--Section 1299L(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 4012; 10 U.S.C. 342 note) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(d) Sense of Congress.--It is the sense of Congress that a
Center for Security Studies in Irregular Warfare established
under section 345 of title 10, United States Code, as amended
by subsection (a), should be known as the ``John S. McCain III
Center for Security Studies in Irregular Warfare''.
(e) Plan for Irregular Warfare Center.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a plan for establishing
the structure, operations, and administration of the
Irregular Warfare Center described in section 345(a)(1)
of title 10, United States Code, as amended by
subsection (a)(2)(B).
(2) Elements.--The plan required by paragraph (1)
shall include--
(A) a timeline and milestones for the
establishment of the Irregular Warfare Center;
and
(B) steps to enter into partnerships and
resource agreements with academic institutions
of the Department of Defense or other academic
institutions, including any agreement for
hosting or operating the Irregular Warfare
Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR CONDUCT OF
OPERATIONS.
Notwithstanding subsection (g)(1) of section 331 of title 10,
United States Code, the aggregate value of all logistic
support, supplies, and services provided under paragraphs (1),
(4), and (5) of subsection (c) of such section 331 in each of
fiscal years 2023 and 2024 may not exceed $950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
Section 1233 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393) is
amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2021, and ending on December
31, 2022'' and inserting ``for the period beginning on
October 1, 2022, and ending on December 31, 2023''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning
on October 1, 2021, and ending on December 31,
2022'' and inserting ``during the period
beginning on October 1, 2022, and ending on
December 31, 2023''; and
(B) by striking ``$60,000,000'' and inserting
``$30,000,000''.
SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Modification.--Subsection (e) of section 1226 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1056; 22 U.S.C. 2151 note) is amended by
striking paragraph (4).
(b) Extension.--Subsection (h) of such section is amended by
striking ``December 31, 2023'' and inserting ``December 31,
2025''.
SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO
ADVANCE WOMEN, PEACE, AND SECURITY.
(a) In General.--During fiscal years 2023 through 2025, the
Secretary of Defense, in coordination with the Secretary of
State, may conduct or support security cooperation programs and
activities involving the national military forces or national-
level security forces of a foreign country, or other covered
personnel, to advise, train, and educate such forces or
personnel with respect to--
(1) the recruitment, employment, development,
retention, promotion, and meaningful participation in
decisionmaking of women;
(2) sexual harassment, sexual assault, domestic
abuse, and other forms of violence that
disproportionately impact women;
(3) the requirements of women, including providing
appropriate equipment and facilities; and
(4) the implementation of activities described in
this subsection, including the integration of such
activities into security-sector policy, planning,
exercises, and training, as appropriate.
(b) Annual Report.--Not later than 90 days after the end of
each of fiscal years 2023 through 2025, the Secretary of
Defense shall submit to the congressional defense committees a
report detailing the assistance provided under this section and
specifying the recipients of such assistance.
(c) Other Covered Personnel Defined.--In this section, the
term ``other covered personnel'' means personnel of the
ministry of defense or other governmental entity carrying out
similar functions of a foreign country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE OF FUNDS FOR
ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT
HAVE COMMITTED A GROSS VIOLATION OF HUMAN RIGHTS.
(a) Sense of Congress.--It is the sense of Congress that the
promotion of human rights is a critical element of Department
of Defense security cooperation programs and activities that
advance United States national security interests and values.
(b) Review.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the commanders of the
geographic combatant commands, shall initiate a review
of the policies, guidance, and processes for Department
of Defense-wide implementation of section 362 of title
10, United States Code.
(2) Elements.--The review required by paragraph (1)
shall include an assessment of the following:
(A) The standards and procedures by which the
Secretary, before making a decision to provide
assistance to a unit of a foreign security
force under section 362 of title 10, United
States Code, gives full consideration to
credible information that the unit has
committed a gross violation of human rights,
including credible information available to the
Department of State relating to human rights
violations by such unit.
(B) The roles and responsibilities of
Department of Defense components in
implementing such section, including the Under
Secretary of Defense for Policy, the Deputy
Assistant Secretary of Defense for Global
Partnerships, the geographic combatant
commands, and the Office of the General
Counsel, and whether such components are
adequately funded, resourced, and manned to
carry out their respective roles and
responsibilities.
(C) The standards and procedures by which the
Secretary implements the exception under
subsection (b) of such section based on a
determination that all necessary corrective
steps have been taken.
(D) The standards and procedures by which the
Secretary exercises the waiver authority under
subsection (c) of such section based on a
determination that a waiver is required by
extraordinary circumstances.
(E) The policies, standards, and processes
for the remediation of units of foreign
security forces described in such section and
resumption of assistance consistent with such
section, and the effectiveness of such
remediation process.
(F) The process by which the Secretary
determines whether a unit of a foreign security
force designated to receive training,
equipment, or other assistance under such
section is new or fundamentally different from
its predecessor for which there was determined
to be credible information that the unit had
committed a gross violation of human rights.
(c) Reports.--
(1) Findings of review.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense
committees a report on the findings of the review
conducted under subsection (b) that includes any
recommendations or corrective actions necessary with
respect to the policies, guidance, and processes for
Department of Defense-wide implementation of section
362 of title 10, United States Code.
(2) Remediation process.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
and every 180 days thereafter through fiscal
year 2025, the Secretary shall submit to the
appropriate committees of Congress a report on
the remediation process under section 362 of
title 10, United States Code, and resumption of
assistance consistent with such section.
(B) Elements.--Each report required by
subparagraph (A) shall include the following:
(i) An identification of the units of
foreign security forces that currently
have been determined under section 362
of title 10, United States Code, to be
ineligible to receive Department of
Defense training, equipment, or other
assistance.
(ii) With respect to each unit
identified under clause (i), the date
on which such determination was made.
(iii) The number of requests
submitted by geographic combatant
commands for review by a remediation
review panel with respect to resumption
of assistance to a unit of a foreign
security force that has been denied
assistance under such section,
disaggregated by geographic combatant
command.
(iv) For the preceding reporting
period, the number of--
(I) remediation review panels
convened; and
(II) cases resolved.
(C) Appropriate committees of congress
defined.--In this paragraph, the term
``appropriate committees of Congress'' means--
(i) the Committee on Armed Services,
the Committee on Foreign Relations, and
the Committee on Appropriations of the
Senate; and
(ii) the Committee on Armed Services,
the Committee on Foreign Affairs, and
the Committee on Appropriations of the
House of Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS TO TRAIN,
ADVISE, ASSIST, AND EQUIP THE MILITARY FORCES OF
SOMALIA.
(a) In General.--The Secretary of Defense shall provide for
an independent assessment of Department of Defense efforts to
train, advise, assist, and equip the military forces of
Somalia.
(b) Conduct of Assessment.--To conduct the assessment
required by subsection (a), the Secretary shall select--
(1) a federally funded research and development
center; or
(2) an independent, nongovernmental institute
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a)
of such Code that has recognized credentials and
expertise in national security and military affairs
appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a)
shall include an assessment of the following:
(1) The evolution of United States approaches to
training, advising, assisting, and equipping the
military forces of Somalia.
(2) The extent to which--
(A) the Department has an established plan,
with objectives and milestones, for the effort
to train, advise, assist, and equip such
forces;
(B) advisory efforts are meeting objectives,
including whether and the manner in which--
(i) advisors track the operational
effectiveness of such forces; and
(ii) any such data informs future
training and advisory efforts;
(C) the Department sufficiently engages,
collaborates, and deconflicts with--
(i) other Federal departments and
agencies that conduct assistance and
advisory engagements with such forces;
and
(ii) international and multilateral
entities that conduct assistance and
advisory engagements with such forces;
and
(D) the Department has established and
enforced a policy, processes, and procedures
for accountability relating to equipment
provided by the United States to such forces.
(3) Factors that have hindered, or may in the future
hinder, the development of professional, sustainable,
and capable such forces.
(4) With respect to the effort to train, advise,
assist, and equip such forces, the extent to which the
December 2020 decision to reduce and reposition outside
Somalia the majority of the members of the United
States Armed Forces assigned to carry out the effort
has impacted the effectiveness of the effort.
(d) Report.--Not later than December 31, 2023, the entity
selected to conduct the assessment required by subsection (a)
shall submit to the Secretary and the congressional defense
committees a report containing the findings of the assessment.
(e) Funding.--Of the amounts authorized to be appropriated
for fiscal year 2023 and available for operation and
maintenance for Defense-wide activities, up to $1,000,000 shall
be made available for the assessment required by subsection
(a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS UNIVERSITY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on how the Department
of Defense intends to bolster security cooperation activities
with allies and partners at the C-UAS University, including an
identification of any shortfalls in resourcing or gaps in
authorities that could inhibit these security cooperation
efforts.
SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL COOPERATION
PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense, in consultation
with the Secretary of State and in coordination with the
commanders of the geographic combatant commands, may establish
a pilot program, to be known as the ``Defense Operational
Resilience International Cooperation Pilot Program'' (in this
section referred to as the ``pilot program'') to support
engagement with military forces of partner countries on
defense-related environmental and operational energy issues in
support of the theater campaign plans of the geographic
combatant commands.
(b) Duration.--The Secretary of Defense may carry out the
pilot program during the period beginning on the date of the
enactment of this Act and ending on December 31, 2025.
(c) Limitations.--
(1) Purposes.--The pilot program shall be limited to
the following purposes:
(A) To build military-to-military
relationships in support of the efforts of the
Department of Defense to engage in long-term
strategic competition.
(B) To sustain the mission capability and
forward posture of the Armed Forces of the
United States.
(C) To enhance the capability, capacity, and
resilience of the military forces of partner
countries.
(2) Prohibited assistance.--The Secretary may not use
the pilot program to provide assistance that is in
violation of section 362 of title 10, United States
Code, or otherwise prohibited by law.
(3) Security cooperation.--The Secretary shall plan
and prioritize assistance, training, and exercises with
partner countries pursuant to the pilot program in a
manner that is consistent with applicable guidance
relating to security cooperation program and activities
of the Department of Defense.
(d) Funding.--Of amounts authorized to be appropriated by
this Act for each of fiscal years 2023 through 2025 and
available for operation and maintenance, the Secretary may make
available $10,000,000 to support the pilot program, which shall
be allocated in accordance with the priorities of the
commanders of the geographic combatant commands.
(e) Annual Report.--
(1) In general.--With respect to each year the
Secretary carries out the pilot program, the Secretary
shall submit to the congressional defense committees a
report on obligations and expenditures made to carry
out the pilot program during the fiscal year that
precedes the year during which each such report is
submitted.
(2) Deadline.--The Secretary shall submit each such
report not later than March 1 of each year during which
the Secretary has authority to carry out the pilot
program.
(3) Elements.--Each such report shall include the
following:
(A) An accounting of each obligation and
expenditure made to carry out the pilot
program, disaggregated, where applicable, by
partner country and military force of a partner
country.
(B) An explanation of the manner in which
each such obligation or expenditure--
(i) supports the national defense of
the United States; and
(ii) is in accordance with
limitations described in subsection
(c).
(C) Any other matter the Secretary determines
to be relevant.
(f) Temporary Cessation of Authorization.--No funds
authorized to be appropriated or otherwise made available for
any of fiscal years 2023 through 2025 for the Department of
Defense may be made available for the ``Defense Environmental
International Cooperation Program''. During the period
specified in subsection (b), all activities and functions of
the ``Defense Environmental International Cooperation Program''
may only be carried out under the pilot program.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS
INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking
``December 31, 2023'' and inserting ``December 31, 2033''.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON OVERSIGHT IN
AFGHANISTAN.
Section 1069(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1912) is
amended--
(1) by redesignating paragraphs (9) through (16) as
paragraphs (14) through (21), respectively;
(2) by inserting after paragraph (8) the following
new paragraphs:
``(9) An assessment of the status of--
``(A) defense intelligence assets dedicated
to Afghanistan and used by the Department of
Defense, including the types and amounts of
intelligence, surveillance, and reconnaissance
coverage over Afghanistan during the period
covered by the report; and
``(B) the ability of the United States to
detect emerging threats emanating from
Afghanistan against the United States, its
allies, and its partners.
``(10) An assessment of local or indigenous
counterterrorism partners of the Department of Defense.
``(11) An assessment of risks to the mission and
risks to United States military personnel involved in
over-the-horizon counterterrorism operations.
``(12) An update on Department of Defense efforts to
secure new basing or access agreements with countries
in Central Asia.
``(13) An update on the policy guidance for
counterterrorism operations of the Department of
Defense in Afghanistan.''; and
(3) in paragraph (18), as so redesignated, by
striking ``Afganistan'' and inserting ``Afghanistan''.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN AND THE
ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this Act
or otherwise made available to the Department of Defense may be
made available for the operation of any aircraft of the
Department of Defense to transport currency or other items of
value to the Taliban, the Islamic Emirate of Afghanistan, or
any subsidiary, agent, or instrumentality of either the Taliban
or the Islamic Emirate of Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY CAPABILITIES
OF IRAN AND RELATED ACTIVITIES.
Section 1245(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84) is amended--
(1) in subparagraph (B), by striking ``and regional
militant groups'' and all that follows and inserting
``, regional militant groups, and Iranian-linked proxy
groups, in particular those forces as having been
assessed as to be willing to carry out terrorist
operations on behalf of Iran or in response to a
military attack by another country on Iran;'';
(2) by redesignating subparagraphs (C) through (G) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (B) the
following:
``(C) the types and amount of support to be
assessed under subparagraph (B) shall include
support provided to Lebanese Hezbollah, Hamas,
Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, Asa'ib ahl al-
Haq, Harakat Hezbollah al-Nujaba, Kata'ib
Sayyid al-Shuhada, Kata'ib al-Imam Ali, Kata'ib
Hezbollah, the Badr Organization, the
Fatemiyoun, the Zainabiyoun, and Ansar Allah
(also known as the `Houthis');
``(D) the threat from Special Groups in Iraq,
including Kata'ib Hezbollah and Asa'ib Ahl al-
Haq, to United States and coalition forces
located in Iraq and Syria;''; and
(4) in subparagraph (I), as redesignated, by striking
the period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(J) all formal or informal agreements
involving a strategic military or security
partnership with the Russian Federation, the
People's Republic of China, or any proxies of
either such country.''.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES
OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Source of Funds.--Subsection (d) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 114-92; 129 Stat. 1045; 10 U.S.C. 113 note) is amended by
striking ``fiscal year 2022'' and inserting ``fiscal year
2023''.
(b) Limitation on Availability of Funds.--Of the amounts
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Office of the Secretary
of the Air Force for travel expenses, not more than 90 percent
may be obligated or expended until the date on which a staffing
plan for the Office of Security Cooperation in Iraq is
implemented.
(c) Waiver.--The Secretary of Defense may waive the
restriction on the obligation or expenditure of funds imposed
by subsection (b) if the Secretary of Defense determines that
implementation of such a staffing plan is not feasible and
submits to the congressional defense committees, at the time
the waiver is invoked, a notification of the waiver that
includes a justification detailing the reasons for which such a
plan cannot be implemented.
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED
SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3541) is amended, in the matter preceding paragraph (1),
by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Limitation on Cost of Construction and Repair Projects.--
Subsection (l)(3)(D) of such section is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3558) is amended, in the matter preceding paragraph (1),
by striking ``December 31, 2022'' and inserting ``December 31,
2023''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2022'' and inserting
``fiscal year 2023''; and
(2) by striking ``$345,000,000'' and inserting
``$358,000,000''.
(c) Limitation on Cost of Construction and Repair Projects.--
Subsection (o)(5) of such section is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this Act
or otherwise made available to the Department of Defense may be
made available to transfer or facilitate a transfer of pallets
of currency, currency, or other items of value to the
Government of Iran, any subsidiary of such Government, or any
agent or instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to the
appropriate congressional committees a report that includes a
detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts
abroad; and
(2) the ways in which the Department of State and the
Department of Defense are working with partner
countries to inform them of the threat posed by Islamic
Revolutionary Guard Corps-affiliated officials serving
in diplomatic and consular roles in third party
countries.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES AND KURDISH
PESHMERGA FORCES TO COUNTER AIR AND MISSILE
THREATS.
(a) In General.--Not later than April 1, 2023, the Secretary
of Defense shall submit to the congressional defense committees
a report on support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) An assessment of the threat from missiles,
rockets, and unmanned aerial systems (UAS) to United
States and coalition armed forces located in Iraq,
including the Iraqi Kurdistan Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed
forces located in Iraq, including the Iraqi Kurdistan
Region.
(3) Identification of perceived gaps in air defense
capabilities of United States and coalition armed
forces and the implications for the security of such
forces in Iraq, including the Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed
to overcome the assessed air defense deficiencies of
United States and coalition armed forces in Iraq,
including the Iraqi Kurdistan Region.
(5) An assessment of the current state of the air
defense capabilities of partner armed forces in Iraq,
including the Iraqi Security Forces and Kurdish
Peshmerga Forces.
(6) An assessment of the perceived gaps in air
defense capabilities of partner armed forces in Iraq,
including the Iraqi Security Forces and Kurdish
Peshmerga Forces.
(7) An assessment of recommended training and
equipment and available level of equipment to maximize
air defense capabilities of partner armed forces in
Iraq, including the Iraqi Security Forces and Kurdish
Peshmerga Forces.
(8) Such other matters as the Secretary considers
appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE NARCOTICS
PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS
LINKED TO THE REGIME OF BASHAR AL-ASSAD IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Captagon trade linked to the regime of Bashar
al-Assad in Syria is a transnational security threat;
and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle
Assad-linked narcotics production and trafficking
networks.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(6) the Select Committee on Intelligence of the
Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House
of Representatives; and
(12) the Permanent Select Committee on Intelligence
of the House of Representatives.
(c) Strategy Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State, in consultation with the Secretary of Defense,
the Secretary of the Treasury, the Administrator of the
Drug Enforcement Administration, the Director of
National Intelligence, the Director of the Office of
National Drug Control Policy, and the heads of other
appropriate Federal agencies, shall provide a written
strategy (with a classified annex, if necessary), to
the appropriate congressional committees for disrupting
and dismantling narcotics production and trafficking
and affiliated networks linked to the regime of Bashar
al-Assad in Syria.
(2) Contents.--The strategy required under paragraph
(1) shall include--
(A) a detailed plan for--
(i) targeting, disrupting and
degrading networks that directly and
indirectly support the narcotics
infrastructure of the Assad regime,
particularly through diplomatic and
intelligence support to law enforcement
investigations; and
(ii) building counter-narcotics
capacity to partner countries through
assistance and training to law
enforcement services in countries
(other than Syria) that are receiving
or transiting large quantities of
Captagon;
(B)(i) the identification of the countries
that are receiving or transiting large
shipments of Captagon;
(ii) an assessment of the counter-narcotics
capacity of such countries to interdict or
disrupt the smuggling of Captagon; and
(iii) an assessment of current United States
assistance and training programs to build such
capacity in such countries;
(C) the use of sanctions, including sanctions
authorized under section the Caesar Syria
Civilian Protection Act of 2019 (22 U.S.C. 8791
note; title LXXIV of division F of Public Law
116-92), and associated actions to target
individuals and entities directly or indirectly
associated with the narcotics infrastructure of
the Assad regime;
(D) the use of global diplomatic engagements
associated with the economic pressure campaign
against the Assad regime to target its
narcotics infrastructure;
(E) leveraging multilateral institutions and
cooperation with international partners to
disrupt the narcotics infrastructure of the
Assad regime; and
(F) mobilizing a public communications
campaign to increase awareness of the extent of
the connection of the Assad regime to the
illicit narcotics trade.
SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act
or otherwise made available to the Department of Defense may be
made available, directly or indirectly, to the Badr
Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives an
unclassified report, which may include a classified annex, that
includes--
(1) a detailed assessment of whether and how Iranian
arms proliferation, particularly drone proliferation,
has increased following the expiration of the United
Nations arms embargo on Iran in October 2020; and
(2) a description of the measures that the
Departments of State and Defense are taking to
constrain Iran's ability to supply, sell, or transfer,
directly or indirectly, arms or related materiel,
including spare parts, to include Iranian proliferation
of drones.
Subtitle D--Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Authority to Provide Assistance.--Subsection (a) of
section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608) is amended
to read as follows:
``(a) Authority to Provide Assistance.--
``(1) In general.--Amounts available for a fiscal
year under subsection (f) shall be available to the
Secretary of Defense, with the concurrence of the
Secretary of State, to provide, for the purposes
described in paragraph (2), appropriate security
assistance and intelligence support, including
training, equipment, and logistics support, supplies
and services, salaries and stipends, and sustainment,
to--
``(A) the military and national security
forces of Ukraine; and
``(B) other forces or groups recognized by,
and under the authority of, the Government of
Ukraine, including governmental entities within
Ukraine that are engaged in resisting Russian
aggression.
``(2) Purposes described.--The purposes described in
this paragraph are as follows:
``(A) To enhance the capabilities of the
military and other security forces of the
Government of Ukraine to defend against further
aggression.
``(B) To assist Ukraine in developing the
combat capability to defend its sovereignty and
territorial integrity.
``(C) To support the Government of Ukraine in
defending itself against actions by Russia and
Russian-backed separatists.''.
(b) Appropriate Security Assistance and Intelligence
Support.--Subsection (b) of such section is amended in
paragraph (4) to read as follows:
``(4) Manned and unmanned aerial capabilities,
including tactical surveillance systems and fixed and
rotary-wing aircraft, such as attack, strike, airlift,
and surveillance aircraft.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) in paragraph (1), by striking ``funds available
for fiscal year 2022 pursuant to subsection (f)(7)''
and inserting ``funds available for fiscal year 2023
pursuant to subsection (f)(8)'';
(2) in paragraph (3), by striking ``fiscal year
2022'' and inserting ``fiscal year 2023'';
(3) by striking paragraph (5); and
(4) by adding at the end the following:
``(6) Waiver of certification requirement.--The
Secretary of Defense, with the concurrence of the
Secretary of the State, may waive the certification
requirement in paragraph (2) if the Secretary submits
to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a
written certification, not later than 5 days after
exercising the waiver, that doing so is in the national
interest of the United States due to exigent
circumstances caused by the Russian invasion of
Ukraine.''.
(d) United States Inventory and Other Sources.--Subsection
(d) of such section is amended--
(1) in paragraph (1), by inserting ``, and to recover
or dispose of such weapons or other defense articles,
or to make available such weapons or articles to ally
and partner governments to replenish comparable stocks
which ally or partner governments have provided to the
Government of Ukraine,'' after ``and defense
services''; and
(2) by adding at the end the following:
``(3) Congressional notification.--Not later than 10
days before providing replenishment to an ally or
partner government pursuant to paragraph (1), the
Secretary of Defense shall transmit to the
congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a
notification containing the following:
``(A) An identification of the recipient
foreign country.
``(B) A detailed description of the articles
to be provided, including the dollar value,
origin, and capabilities associated with the
articles.
``(C) A detailed description of the articles
provided to Ukraine to be replenished,
including the dollar value, origin, and
capabilities associated with the articles.
``(D) The impact on United States stocks and
readiness of transferring the articles.
``(E) An assessment of any security,
intellectual property, or end use monitoring
issues associated with transferring the
articles.''.
(e) Funding.--Subsection (f) of such section is amended by
adding at the end the following:
``(8) For fiscal year 2023, $800,000,000.''.
(f) Termination of Authority.--Subsection (h) of such section
is amended by striking ``December 31, 2023'' and inserting
``December 31, 2024''.
(g) Waiver of Certification Requirement.--Such section is
amended--
(1) by redesignating the second subsection (g) as
subsection (i); and
(2) by adding at the end the following:
``(j) Expedited Notification Requirement.--Not later than 15
days before providing assistance or support under subsection
(a), or as far in advance as is practicable if the Secretary of
Defense determines, on a case-by-case basis, that extraordinary
circumstances exist that impact the national security of the
United States, the Secretary shall transmit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a notification containing a
detailed description of the assistance or support to be
provided, including--
``(1) the objectives of such assistance or support;
``(2) the budget for such assistance or support; and
``(3) the expected or estimated timeline for delivery
of such assistance or support.''.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``2021, or 2022'' and inserting ``2021,
2022, 2023, 2024, 2025, 2026, or 2027''.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION.
Section 1234 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3936) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (24) as
paragraph (26); and
(B) by inserting after paragraph (23) the
following:
``(24) The impacts of United States sanctions on
improvements to the Russian military and its proxies,
including an assessment of the impacts of the
maintenance or revocation of such sanctions.
``(25) A detailed description of--
``(A) how Russian private military companies
are being utilized to advance the political,
economic, and military interests of the Russian
Federation;
``(B) the direct or indirect threats Russian
private military companies present to United
States security interests; and
``(C) how sanctions that are currently in
place to impede or deter Russian private
military companies from continuing their malign
activities have impacted the Russian private
military companies' behavior.''; and
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``, the
Permanent Select Committee on Intelligence,''
after ``the Committee on Armed Services''; and
(B) in paragraph (2), by inserting ``, the
Select Committee on Intelligence,'' after ``the
Committee on Armed Services''.
SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND OTHER
MATTERS.
(a) Temporary Authorizations for Covered Agreements Related
to Ukraine.--
(1) Covered agreement defined.--In this subsection,
the term ``covered agreement'' includes a contract,
subcontract, transaction, or modification of a
contract, subcontract, or transaction awarded by the
Department of Defense--
(A) to build the stocks of critical munitions
and other defense articles of the Department;
(B) to provide materiel and related services
to foreign allies and partners that have
provided support to the Government of Ukraine;
and
(C) to provide materiel and related services
to the Government of Ukraine.
(2) Public interest.--
(A) In general.--A covered agreement may be
presumed to be in the public interest for
purposes of meeting the requirements of
subsection (a)(7) of section 3204 of title 10,
United States Code.
(B) Procedures.--Notwithstanding the
provisions of subsection (a)(7) of section 3204
of title 10, United States Code, with respect
to a covered agreement--
(i) the head of an agency may
delegate the authority under that
subsection to an officer or employee
who--
(I) in the case of an officer
or employee who is a member of
the Armed Forces, is serving in
a grade at or above brigadier
general or rear admiral (lower
half); or
(II) in the case of a
civilian officer or employee,
is serving in a position with a
grade under the General
Schedule (or any other schedule
for civilian officers or
employees) that is comparable
to or higher than the grade of
brigadier general or rear
admiral (lower half); and
(ii) not later than 7 days before
using the applicable procedures under
section 3204 of title 10, United States
Code, the head of an agency, or a
designee of the head of an agency,
shall submit to the congressional
defense committees a written
notification of the use of such
procedures.
(C) Documentation.--Consistent with paragraph
(4)(C) of subsection (e) of section 3204 of
title 10, United States Code, the documentation
otherwise required by paragraph (1) of such
subsection is not required in the case of a
covered agreement.
(3) Procurement authorities.--The special emergency
procurement authorities provided under subsections (b)
and (c) of section 1903 of title 41, United States
Code, may be used by the Department of Defense for a
covered agreement.
(4) Undefinitized contractual actions.--The head of
an agency may waive the provisions of subsections (a)
and (c) of section 3372 of title 10, United States
Code, for a covered agreement.
(5) Technical data packages for large-caliber
cannon.--The requirements of section 7542 of title 10,
United States Code, do not apply to the transfer of
technical data to an international partner for the
production of large-caliber cannons produced for--
(A) the replacement of defense articles from
stocks of the Department of Defense provided to
the Government of Ukraine or to foreign
countries that have provided support to Ukraine
at the request of the United States, or
(B) contracts awarded by the Department of
Defense to provide materiel directly to the
Government of Ukraine.
(6) Temporary exemption from certified cost and
pricing data requirements.--
(A) In general.--At the Federal Government's
discretion, the requirements under section 3702
of title 10, United States Code, shall not
apply to a covered agreement awarded on a
fixed-price incentive firm target basis, where
target price equals ceiling price, and the
Government underrun share ratio is a minimum of
60 percent with a cap for the negotiated profit
dollars of 15 percent of target cost.
(B) Use of exemption.--The following shall
apply to an exemption under subparagraph (A):
(i) Awarded profit dollars shall be
fixed, but the contractor may
ultimately realize a profit rate of
higher than 15 percent by underrunning
target costs.
(ii) The target prices negotiated by
the Federal Government shall not exceed
the most recent negotiated prices for
the same items while allowing for
appropriate adjustments, including
those for quantity differences or
relevant, applicable economic indices.
(C) Application.--An exemption under
subparagraph (A) shall apply to subcontracts
under prime contracts that are exempt under
this paragraph.
(7) Termination of temporary authorizations.--The
provisions of this subsection shall terminate on
September 30, 2024.
(b) Modification of Cooperative Logistic Support Agreements:
NATO Countries.--Section 2350d of title 10, United States Code,
is amended--
(1) in the section heading, by striking ``logistic
support'' and inserting ``acquisition and logistics
support'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking
``logistics support'' and inserting
``acquisition and logistics support'';
and
(ii) in subparagraph (B), by striking
``logistic support'' and inserting
``acquisition and logistics support'';
and
(B) in paragraph (2)(B), by striking
``logistics support'' and inserting ``armaments
and logistics support''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Partnership Agreement'' and
inserting ``Partnership Agreement or
Arrangement'';
(B) in paragraph (1)--
(i) by striking ``supply and
acquisition of logistics support in
Europe for requirements'' and inserting
``supply, services, support, and
acquisition, including armaments for
requirements''; and
(ii) by striking ``supply and
acquisition are appropriate'' and
inserting ``supply, services, support,
and acquisition are appropriate''; and
(C) in paragraph (2), by striking ``logistics
support'' each place it appears and inserting
``acquisition and logistics support''.
(c) Multiyear Procurement Authority for Certain Munitions.--
(1) Authority for multiyear procurement.--Subject to
the provisions of section 3501 of title 10, United
States Code, set forth in paragraph (3), the head of an
agency may enter into one or more multiyear contracts,
beginning in fiscal year 2023, for the procurement of
up to--
(A) 864,000 XM1128, XM1113, M107, and M795
(155mm rounds);
(B) 12,000 AGM-179 Joint Air-to-Ground
Missiles (JAGM);
(C) 700 M142 High Mobility Artillery Rocket
Systems (HIMARS);
(D) 1,700 MGM-140 Army Tactical Missile
Systems (ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket
Systems (GMLRS);
(H) 3,850 PATRIOT Advanced Capability-3 (PAC-
3) Missile Segment Enhancement (MSE);
(I) 5,600 FIM-92 Stinger;
(J) 28,300 FGM-148 Javelin;
(K) 5,100 AIM-120 Advanced Medium-Range Air-
to-Air Missile (AMRAAM);
(L) 2,250,000 Modular Artillery Charge System
(MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles
(LRASM);
(O) 3,100 Joint Air-to-Surface Standoff
Missiles (JASSM);
(P) 1,500 Standard Missle-6 Missiles (SM-6);
and
(Q) 5,100 Sidewinder Missiles (AIM-9X).
(2) Procurement in conjunction with existing
contracts.--The systems authorized to be procured under
paragraph (1) may be procured as additions to existing
contracts covering such programs.
(3) Limited applicability of other law.--In applying
section 3501 of title 10, United States Code, to
paragraph (1), only the following provisions of that
section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term
``contract described in subsection (a)'' shall
mean a contract awarded pursuant to the
authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) Authority for advance procurement.--To the extent
and in such amounts as specifically provided in advance
in appropriations Acts for the purposes described in
paragraph (1), the head of an agency may enter into one
or more contracts for advance procurement associated
with a program for which authorization to enter into a
contract is provided under paragraph (1) and for
systems and subsystems associated with such program in
economic order quantities when cost savings are
achievable.
(5) Condition for out-year contract payments.--A
contract entered into under paragraph (1) shall provide
that any obligation of the United States to make a
payment under the contract for a fiscal year after
fiscal year 2023 is subject to the availability of
appropriations for that purpose for such later fiscal
year.
(d) Definition.--In this section, the term ``head of an
agency'' means--
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER INTERNATIONALLY
RECOGNIZED TERRITORY OF UKRAINE.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Department of Defense may be obligated or
expended to implement any activity that recognizes the
sovereignty of the Russian Federation over territory
internationally recognized to be the sovereign territory of
Ukraine, including Crimea and the territory Russia claims to
have annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk
Oblast, and Luhansk Oblast.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that the waiver is in the national
security interest of the United States; and
(2) on the date on which the waiver is invoked,
submits a notification of the waiver and a
justification of the reason for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE PROVISION OF
SHORT AND MEDIUM-TERM SECURITY ASSISTANCE TO
UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the heads of other relevant Federal agencies,
shall submit to the congressional defense committees a report
outlining in detail the plan of the Department of Defense for
the provision of security assistance to the armed forces of
Ukraine.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) primary focus areas for the provision of security
assistance to the armed forces of Ukraine by the
Department of Defense, including priority capabilities,
the funding streams used, and a plan to fulfill
training, maintenance, and sustainment requirements
associated with such assistance--
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines
appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) continued assistance to Ukraine as it fights
against the unjust and unprovoked attack by Russia is
of critical importance to United States national
security interests, and oversight and transparency for
such assistance is essential to ensure effective and
sustained support;
(2) the executive branch has established the
interagency Ukraine Oversight Working Group, which
focuses on conducting comprehensive oversight, and
issued the interagency U.S. Plan to Counter Illicit
Diversion of Certain Advanced Conventional Weapons in
Eastern Europe, a whole-of-government effort to advance
accountability and end-use monitoring of weapons
provided in response to the Ukraine crisis, and
continued attention and regular briefings to relevant
congressional oversight committees on such efforts is
imperative;
(3) each United States department and agency
providing or facilitating assistance to Ukraine should
continue to implement and institutionalize appropriate
transparency, accountability, and end-use monitoring
measures, including exploring creative approaches to
overcoming the challenges associated with delivering
assistance during an active armed conflict, as is
detailed in the interagency Plan to Counter Illicit
Diversion;
(4) Inspectors General must continue to carry out
comprehensive oversight and conduct reviews, audits,
investigations, and inspections of United States
support and activities carried out in response to
Russia's further invasion of Ukraine, and provide
regular briefings to the appropriate congressional
committees on their findings;
(5) the United States and its allies and partners
should continue to support Ukrainian anti-corruption
institutions and e-platforms, including the National
Agency for Corruption Prevention, the National Anti-
Corruption Bureau of Ukraine, and the Specialized Anti-
Corruption Prosecutor's Office, in their work to ensure
effective assistance delivery and prevent incidents of
waste, fraud, and abuse; and
(6) Ukrainian authorities should also continue to
establish new transparency, accountability, and end-use
monitoring initiatives both independently and in
partnership with relevant United States departments and
agencies and other international partners, and the
United States should continue to work with counterparts
in Ukraine and other countries supporting their efforts
to further mutual efforts to strengthen and
institutionalize accountability measures and
mechanisms.
(b) Report.--
(1) In general.--Not later than April 1, 2023, the
Inspector General of the Department of Defense, in
conjunction with the Inspector General of the
Department of State and the Inspector General of the
United States Agency for International Development and
in consultation with other Inspectors General as
appropriate, shall submit to the appropriate
congressional committees a report on the oversight
framework established with respect to United States
assistance to Ukraine.
(2) Matters to be included.--The report required by
this subsection shall include the following:
(A) The framework the relevant Inspectors
General are currently using or plan to adopt to
oversee assistance to Ukraine in the immediate
and longer term, including an identification of
the United States departments and agencies
providing or facilitating such assistance.
(B) Whether there are any gaps in oversight
over the activities and funds for assistance to
Ukraine.
(C) An assessment of any failures by United
States, bilateral, or multilateral
organizations to work with such Inspectors
General in a timely and transparent manner.
(D) A description of the footprint in Europe
of such Inspectors General for purposes of
oversight of assistance to Ukraine, including
presence and access in Ukraine.
(E) To the extent practicable and
appropriate, a description of any known
incidents of the misuse of assistance to
Ukraine, including incidents of waste, fraud,
abuse, diversion, or corruption.
(F) Any lessons learned from the manner in
which oversight over assistance to Ukraine has
been conducted.
(G) Any findings or recommendations with
respect to assistance to Ukraine.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)--
(A) in subparagraph (A), by inserting
``special operations,'' after ``theater-level
commands,''; and
(B) in subparagraph (B), by striking ``A
summary'' and inserting ``a summary''.
(2) In paragraph (7)(B)--
(A) in clause (ii), by striking ``and'' at
the end;
(B) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the Middle East.''.
(3) In paragraph (8), by adding at the end the
following:
``(F) Special operations capabilities.''.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE TO
AUTHORIZE USE OF FUNDS FOR THE COAST GUARD.
Section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended by striking
subsection (f) and inserting the following new subsection (f):
``(f) Availability of Funds for Coast Guard Personnel and
Capabilities.--The Secretary of Defense may use funds made
available under this section to facilitate the participation of
Coast Guard personnel in, and the use of Coast Guard
capabilities for, training, exercises, and other activities
with foreign countries under this section.''.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE PEOPLE'S
REPUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC)
NAVAL EXERCISES TO INCLUDE CESSATION OF GENOCIDE BY
CHINA.
Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing genocide in China, as
articulated in the Department of State's
Country Report on Human Rights Practices
released on April 12, 2022, and engaged in a
credible justice and accountability process for
all victims of such genocide.''.
SEC. 1254. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (10 U.S.C. 113 note) is amended--
(1) by striking ``the National Defense Authorization
Act for Fiscal Year 2022'' and inserting ``the National
Defense Authorization Act for Fiscal Year 2023''; and
(2) by striking ``fiscal year 2022'' and inserting
``fiscal year 2023''.
(b) Report on Resourcing United States Defense Requirements
for the Indo-Pacific Region and Study on Competitive
Strategies.--Subsection (d)(1) of such section is amended--
(1) in subparagraph (A), by striking ``fiscal years
2023 and 2024'' and inserting ``fiscal years 2024 and
2025''; and
(2) in subparagraph (B)--
(A) in clause (v), by striking ``security
cooperation activities or resources'' and
inserting ``security cooperation authorities,
activities, or resources'';
(B) in clause (vi)(I)(aa)--
(i) in subitem (AA), by striking ``to
modernize and strengthen the'' and
inserting ``to improve the posture
and''; and
(ii) in subitem (FF)--
(I) by striking ``to
improve'' and inserting ``to
modernize and improve''; and
(II) by striking the
semicolon at the end and
inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(vii) A budget display, prepared
with the assistance of the Under
Secretary of Defense (Comptroller),
that compares the independent
assessment of the Commander of the
United States Indo-Pacific Command with
the amounts contained in the budget
display for the applicable fiscal year
under subsection (f).''.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
Section 1253(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3955) is amended by striking ``fiscal year
2022'' and inserting ``fiscal year 2023''.
SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE AND
DISSUASION.
(a) Establishment of Program for Enhanced Indications and
Warning.--
(1) Authority.--The Director of the Defense
Intelligence Agency may establish a program to increase
warning time of potential aggression by adversary
nation states, focusing especially on the United States
Indo-Pacific Command and United States European Command
areas of operations.
(2) Designation.--If the Director establishes the
program under paragraph (1), the program shall be known
as the ``Program for Enhanced Indications and Warning''
(in this section referred to as the ``Program'').
(3) Purpose.--The purpose of the Program that may be
established under paragraph (1) is to gain increased
warning time to provide time for the Department of
Defense to mount deterrence and dissuasion actions to
persuade adversaries to refrain from aggression,
including through potential revelations or
demonstrations of capabilities and actions to create
doubt in the minds of adversary leaders regarding the
prospects for military success.
(b) Head of Program.--
(1) Appointment.--If the Director establishes the
Program, the Director shall appoint a defense
intelligence officer to serve as the mission manager
for the Program.
(2) Designation.--The mission manager for the Program
shall be known as the ``Program Manager for Enhanced
Indications and Warning'' (in this section referred to
as the ``Program Manager'').
(c) Sources of Information and Analysis.--If the Director
establishes the Program, the Program Manager shall ensure that
the Program makes use of all available sources of information,
from public, commercial, and classified sources across the
intelligence community and the Department of Defense, and
advanced analytics, including artificial intelligence, to
establish a system capable of discerning deviations from normal
patterns of behavior and activity that may indicate
preparations for military actions.
(d) Integration With Other Programs.--
(1) Support.--If the Director establishes the
Program, the Program shall be supported, as
appropriate, by the Chief Digital and Artificial
Intelligence Officer, the Maven project, by
capabilities sponsored by the Office of the Under
Secretary of Defense for Intelligence and Security, and
programs already underway within the Defense
Intelligence Agency.
(2) Agreements.--If the Director establishes the
Program, the Director shall seek to engage in
agreements to integrate information and capabilities
from other components of the intelligence community to
facilitate the purpose of the Program.
(e) Briefings.--If the Director establishes the Program, not
later than 180 days after the date of the enactment of this Act
and not less frequently than once each year thereafter through
2027, the Program Manager shall provide the appropriate
committees of Congress a briefing on the status of the
activities of the Program.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees
(as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)).
(2) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT
PROJECTS WITH TIES TO THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--None of the funds authorized to be
appropriated by this Act may be used to knowingly provide
active and direct support to any film, television, or other
entertainment project if the Secretary of Defense has
demonstrable evidence that the project has complied or is
likely to comply with a demand from the Government of the
People's Republic of China or the Chinese Communist Party, or
an entity under the direction of the People's Republic of China
or the Chinese Communist Party, to censor the content of the
project in a material manner to advance the national interest
of the People's Republic of China.
(b) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary submits to
the Committees on Armed Services of the Senate and House of
Representatives a written certification that such a waiver is
in the national interest of the United States.
(c) Policy Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue a policy that describes how the Department of Defense
will review requests to provide active or direct support to any
film, television, or other entertainment project. The policy
shall include ways to assess Chinese influence or potential
influence over the content of a film, television, or other
entertainment project, actions the Department can take to
prevent Chinese censorship of a project, and criteria the
Department shall use when evaluating requests to support a
project.
(d) Limitation.--Of the amounts authorized to be appropriated
by this Act for the official travel expenses of the Office of
the Secretary of Defense, not more than 95 percent may be
obligated or expended until the policy required by subsection
(c) is released and transmitted to the congressional defense
committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION DOMICILED IN
THE PEOPLE'S REPUBLIC OF CHINA THAT PROVIDE SUPPORT
TO THE PEOPLE'S LIBERATION ARMY.
(a) Determination.--
(1) In general.--The Secretary of Defense, in
consultation with the Director of National
Intelligence, shall identify each entity that is an
institution of higher education domiciled in the
People's Republic of China that provides material
support to the People's Liberation Army.
(2) Factors.--In making a determination under
paragraph (1) with respect to an entity, the Secretary
shall consider the following factors:
(A) Material support to the implementation of
the military-civil fusion strategy of China.
(B) Material relationship with the Chinese
State Administration for Science, Technology,
and Industry for the National Defense.
(D) Funding received from any organization
subordinate to the Central Military Commission
of the Chinese Communist Party.
(E) Supporting or enabling relationship with
any security, defense, or police forces within
the Government of China or the Chinese
Communist Party.
(F) Any other factor the Secretary determines
is appropriate.
(b) Report.--Not later than September 30, 2023, the Secretary
shall submit to the appropriate congressional committees a list
of each entity identified pursuant to subsection (a) in
unclassified form, with a classified annex, if necessary.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate;
and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(2) The term ``People's Liberation Army'' means the
land, naval, and air military services, the People's
Armed Police, the Strategic Support Force, the Rocket
Force, and any other related security element within
the Government of China or the Chinese Communist Party
that the Secretary determines is appropriate.
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE PURCHASES AND
INVESTMENTS MADE BY THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA AND ENTITIES DIRECTED OR BACKED
BY THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--The Secretary of State, in coordination with
the Director of National Intelligence, the Secretary of
Defense, and the head of any other agency the Secretary of
State considers necessary, shall conduct a review of port and
port-related infrastructure purchases and investments critical
to the interests and national security of the United States
made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of
the People's Republic of China; and
(3) entities with beneficial owners that include the
Government of the People's Republic of China or a
private company controlled by the Government of the
People's Republic of China.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) A list of port and port-related infrastructure
purchases and investments described in that subsection,
prioritized in order of the purchases or investments
that pose the greatest threat to United States
economic, defense, and foreign policy interests.
(2) An analysis of the effects the consolidation of
such investments, or the assertion of control by the
Government of the People's Republic of China over
entities described in paragraph (2) or (3) of that
subsection, would have on Department of State and
Department of Defense contingency plans.
(3) A description of the integration into ports of
technologies developed and produced by the Government
of the People's Republic of China or entities described
in paragraphs (2) or (3) of that subsection, and the
data and cyber security risks posed by such
integration.
(4) A description of past and planned efforts by the
Secretary of State and the Secretary of Defense, with
the support of the Director of National Intelligence,
to address such purchases, investments, and
consolidation of investments or assertion of control.
(c) Coordination With Other Federal Agencies.--In conducting
the review required by subsection (a), the Secretary of State
may coordinate with the head of any other Federal agency, as
the Secretary considers appropriate.
(d) Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
State shall submit to the appropriate committees of
Congress a report on the results of the review under
subsection (a).
(2) Form.--The report required by paragraph (1) shall
be submitted in unclassified form, but may contain a
classified annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the
United States; or
(ii) that is considered by the
Secretary of State to be critical to
United States interests; and
(B) any harbor, marine terminal, or other
shoreside facility used principally for the
movement of goods on inland waters that the
Secretary of State considers critical to United
States interests.
(3) Port-related infrastructure.--The term ``port-
related infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and
communications systems; and
(C) any other infrastructure the Secretary of
State considers appropriate.
SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall direct
appropriate personnel within the Department of Defense to seek
to engage appropriate counterparts within the Ministry of
Defence of India for the purpose of expanding cooperation on
emerging technologies, readiness, and logistics.
(b) Topics.--At a minimum, the personnel described in
subsection (a) shall seek to engage their counterparts in the
Ministry of Defense of India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open
Radio Access Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers
relevant.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the appropriate committees of Congress that
includes--
(1) an assessment of the feasibility and advisability
of expanding cooperation with the Ministry of Defence
of India on the topics described in subsection (b);
(2) a description of other opportunities to expand
cooperation with the Ministry of Defence of India on
topics other than the topics described in such
subsection;
(3) a description of any challenges, including
agreements, authorities, and resourcing, that need to
be addressed so as to expand cooperation with the
Ministry of Defence of India on the topics described in
such subsection;
(4) an articulation of security considerations to
ensure the protection of research and development,
intellectual property, and United States-provided
equipment from being stolen or exploited by
adversaries;
(5) an identification of opportunities for academia
and private industry to participate in expanded
cooperation with the Ministry of Defence of India;
(6) a discussion of opportunities and challenges
related to reducing India's reliance on Russian-built
weapons and defense systems; and
(7) any other matter the Secretary considers
relevant.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of
the House of Representatives.
SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE LEADERS IN
THE INDO-PACIFIC REGION.
(a) In General.--The Secretary of Defense may establish,
using existing authorities of the Department of Defense, a
pilot program to enhance engagement of the Department with
young civilian defense and security leaders in the Indo-Pacific
region.
(b) Purposes.--The activities of the pilot program under
subsection (a) shall include training of, and engagement with,
young civilian leaders from foreign partner ministries of
defense and other appropriate ministries with a national
defense mission in the Indo-Pacific region for purposes of--
(1) enhancing bilateral and multilateral cooperation
between--
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner
ministries of defense; and
(2) building the capacity of young civilian leaders
in foreign partner ministries of defense to promote
civilian control of the military, respect for human
rights, and adherence to the law of armed conflict.
(c) Priority.--In carrying out the pilot program under
subsection (a), the Secretary of Defense shall prioritize
engagement with civilian defense leaders from foreign partner
ministries of defense who are 40 years of age or younger.
(d) Briefings.--
(1) Design of pilot program.--Not later than June 1,
2023, the Secretary of Defense, in consultation with
the Secretary of State, shall provide a briefing to the
appropriate committees of Congress on the design of the
pilot program under subsection (a).
(2) Progress briefing.--Not later than December 31,
2023, and annually thereafter until the date on which
the pilot program terminates under subsection (e), the
Secretary of Defense, in consultation with the
Secretary of State, shall provide a briefing to the
appropriate committees of Congress on the pilot program
that includes--
(A) a description of the activities conducted
and the results of such activities;
(B) an identification of existing authorities
used to carry out the pilot program;
(C) any recommendations related to new
authorities or modifications to existing
authorities necessary to more effectively
achieve the objectives of the pilot program;
and
(D) any other matter the Secretary of Defense
considers relevant.
(e) Termination.--The pilot program under subsection (a)
shall terminate on December 31, 2026.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED STATES
MILITARY POSTURE IN THE INDO-PACIFIC REGION.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the adequacy
of existing bilateral defense and security agreements between
the United States and foreign governments that support the
existing and planned military posture of the United States in
the Indo-Pacific region.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An accounting of existing bilateral defense and
security agreements that support the military posture
of the United States in the Indo-Pacific region, by
country and type.
(2) An articulation of the need for new bilateral
defense and security agreements, by country and type,
to support a more distributed United States military
posture in the Indo-Pacific region, as outlined by the
Global Force Posture Review, including agreements
necessary--
(A) to establish new cooperative security
locations, forward operating locations, and
other locations in support of distributed
operations; and
(B) to enable exercises and a more rotational
force presence.
(3) A description of the relative priority of the
agreements articulated under paragraph (2).
(4) Any specific request, financial or otherwise,
made by a foreign government or a Federal agency other
than the Department of Defense that complicates the
completion of such agreements.
(5) A description of Department activities planned
for the current and subsequent fiscal year that are
intended to contribute to the completion of such
agreements.
(6) A description of the manner in which the
necessity for such agreements is communicated to, and
coordinated with, the Secretary of State.
(7) Any other matter the Secretary of Defense
considers relevant.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
SEC. 1263. STATEMENT OF POLICY ON TAIWAN.
(a) Statement of Policy.--Consistent with the Taiwan
Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy
of the United States to maintain the capacity of the United
States to resist a fait accompli that would jeopardize the
security of the people on Taiwan.
(b) Fait Accompli Defined.--In this section, the term ``fait
accompli'' refers to the resort to force by the People's
Republic of China to invade and seize control of Taiwan before
the United States can respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.
It is the sense of Congress that--
(1) joint military exercises with Taiwan are an
important component of improving military readiness;
(2) the Commander of United States Indo-Pacific
Command possesses the authority to carry out such joint
military exercises, including those that--
(A) involve multiple warfare domains and
exercise secure communications between the
forces of the United States, Taiwan, and other
foreign partners;
(B) incorporate the participation of multiple
combatant and subordinate unified commands; and
(C) present complex military challenges,
including the multi-domain capabilities of a
capable adversary;
(3) the United States should seek to use existing
authorities more effectively to improve the readiness
of the military forces of the United States and Taiwan;
and
(4) the naval forces of Taiwan should be invited to
participate in the Rim of the Pacific exercise, as
appropriate, conducted in 2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN
THE INDO-PACIFIC REGION.
It is the sense of Congress that the Secretary of Defense
should continue efforts that strengthen United States defense
alliances and partnerships in the Indo-Pacific region so as to
further the comparative advantage of the United States in
strategic competition with the People's Republic of China,
including by--
(1) enhancing cooperation with Japan, consistent with
the Treaty of Mutual Cooperation and Security Between
the United States of America and Japan, signed at
Washington, January 19, 1960, including by developing
advanced military capabilities, fostering
interoperability across all domains, and improving
sharing of information and intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, including by maintaining the
presence of approximately 28,500 members of the United
States Armed Forces deployed to the country and
affirming the United States commitment to extended
deterrence using the full range of United States
defense capabilities, consistent with the Mutual
Defense Treaty Between the United States and the
Republic of Korea, signed at Washington, October 1,
1953, in support of the shared objective of a peaceful
and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation
with Australia, consistent with the Security Treaty
Between Australia, New Zealand, and the United States
of America, signed at San Francisco, September 1, 1951,
and through the partnership among Australia, the United
Kingdom, and the United States (commonly known as
``AUKUS'')--
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced
military capabilities; and
(C) to build the capacity of emerging
partners;
(4) advancing United States alliances with the
Philippines and Thailand and United States partnerships
with other partners in the Association of Southeast
Asian Nations to enhance maritime domain awareness,
promote sovereignty and territorial integrity, leverage
technology and promote innovation, and support an open,
inclusive, and rules-based regional architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue--
(A) to advance the shared objective of a free
and open Indo-Pacific region through bilateral
and multilateral engagements and participation
in military exercises, expanded defense trade,
and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime
security and the threat of global pandemics,
including COVID-19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.), and the Six Assurances, with the goal of
improving Taiwan's defensive military capabilities and
promoting peaceful cross-strait relations;
(7) reinforcing the status of the Republic of
Singapore as a Major Security Cooperation Partner of
the United States and continuing to strengthen defense
and security cooperation between the military forces of
the Republic of Singapore and the Armed Forces of the
United States, including through participation in
combined exercises and training;
(8) engaging with the Federated States of Micronesia,
the Republic of the Marshall Islands, the Republic of
Palau, and other Pacific Island countries, with the
goal of strengthening regional security and addressing
issues of mutual concern, including protecting
fisheries from illegal, unreported, and unregulated
fishing;
(9) collaborating with Canada, the United Kingdom,
France, and other members of the European Union and the
North Atlantic Treaty Organization to build
connectivity and advance a shared vision for the region
that is principled, long-term, and anchored in
democratic resilience; and
(10) investing in enhanced military posture and
capabilities in the area of responsibility of the
United States Indo-Pacific Command, identified by the
Department of Defense as its priority theater, and
strengthening cooperation in bilateral relationships,
multilateral partnerships, and other international fora
to uphold global security and shared principles, with
the goal of ensuring the maintenance of a free and open
Indo-Pacific region.
Subtitle F--Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS
HEADQUARTERS.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section 2350r:
``Sec. 2350r. North Atlantic Treaty Organization Special Operations
Headquarters
``(a) Authorization.--Of the amounts authorized to be
appropriated for each fiscal year for operation and maintenance
for the Army, the Secretary of Defense is authorized to use up
to $50,000,000, to be derived from amounts made available for
support of North Atlantic Treaty Organization (referred to in
this section as `NATO') operations, for each such fiscal year
for the purposes set forth in subsection (b).
``(b) Purposes.--The Secretary shall provide funds for the
NATO Special Operations Headquarters--
``(1) to improve coordination and cooperation between
the special operations forces of NATO countries and
countries approved by the North Atlantic Council as
NATO partners;
``(2) to facilitate joint operations by the special
operations forces of NATO countries and such NATO
partners;
``(3) to support special operations forces peculiar
command, control, and communications capabilities;
``(4) to promote special operations forces
intelligence and informational requirements within the
NATO structure; and
``(5) to promote interoperability through the
development of common equipment standards, tactics,
techniques, and procedures, and through execution of a
multinational education and training program.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new
item:
``2350r. North Atlantic Treaty Organization Special Operations
Headquarters.''.
(c) Repeal.--Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2541) is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES DEFENSE POSTURE
IN EUROPE.
It is the sense of Congress as follows:
(1) The Russian Federation's further invasion of
Ukraine poses a grave threat to United States security
and interests around the globe and to the rules-based
international order, including the North Atlantic
Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a
complete disregard for the safety of civilians during
its unlawful and unprovoked invasion of Ukraine, which
has involved indiscriminate bombing of civilian areas
and executions of noncombatants.
(3) The United States stands with the people of
Ukraine and condemns the heinous acts committed by the
Russian Federation against them, and Congress strongly
supports continued assistance to Ukraine to sustain its
ability to repel Russian invasion forces and continue
to retake its sovereign territory.
(4) NATO remains the strongest and most successful
military alliance in the world, founded on a commitment
by its members to uphold the principles of democracy,
individual liberty, and the rule of law. The NATO
alliance has grown more robust and more united in
response to Russia's 2022 further invasion of Ukraine,
as allies have enhanced their deterrence and defense
posture, and continued to send military aid to bolster
Ukraine's defenses.
(5) The United States--
(A) strongly supports the path of Sweden and
Finland toward NATO membership, as evidenced by
the overwhelming bipartisan Senate vote
providing advice and consent to the
ratification of the Protocols of the North
Atlantic Treaty of 1949 on the Accession of the
Republic of Finland and the Kingdom of Sweden;
(B) urges all NATO allies who have not
ratified their accession to do so as soon as
possible;
(C) reaffirms its ironclad commitment to NATO
as the foundation of transatlantic security and
to upholding its obligations under the North
Atlantic Treaty, including Article 5; and
(D) encourages NATO members to move swiftly
to meet their commitments made at the June 2022
NATO Summit to expand NATO's multinational
battle groups and enhance military posture on
NATO's eastern flank, and to urgently continue
progress on meeting their Wales Pledge
commitments, capability targets, contributions
to NATO missions and operations, and resilience
commitments.
(6) America's European allies and partners have--
(A) made significant contributions to
Ukraine's defense against the Russian invasion,
including critical military, economic, and
humanitarian aid, sanctions, and export
controls, to erode Russia's ability to sustain
its aggression; and
(B) welcomed millions of Ukrainian refugees
forced to flee their homeland.
(7) The United States must continue to work with
these allies and partners to sustain this support, to
collectively reconstitute weapons stocks, and to
maintain unified resolve to reduce threats to critical
infrastructure ranging from Russia's weaponization of
energy to China's predatory investments in
transportation and telecommunications infrastructure.
(8) The United States should develop and implement a
long-term plan to adapt United States posture in Europe
to the altered threat environment. The elevated United
States posture currently in Europe is crucial in the
current threat environment, and the United States
posture changes announced during the June 2022 NATO
Summit are important steps, including the establishment
of the first permanently stationed headquarters in
Poland, the commitment to maintain a rotational brigade
combat team and headquarters in Romania, enhanced
rotations to the Baltic countries, and the forward-
stationing of two additional destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments
have proven crucial to United States and NATO abilities
to rapidly reinforce the European theater leading up to
and during Russia's further invasion of Ukraine. The
United States should continue robust investments
through EDI, including further enhancing United States
posture in Europe and maintaining a committed schedule
of exercises with allies.
(10) The Black Sea is critical to United States
interests and to the security of NATO in the region,
given Russia's unprovoked and unjustified war in
Ukraine and Russia's attempts to directly intimidate,
coerce, and otherwise influence countries in this
region. These allies' and partners' security will have
major consequences for broader European security and
collective efforts to enhance Black Sea countries'
defense and resilience capabilities are essential. In
addition, the United States and NATO should consider
adopting robust intergovernmental and interagency
strategies for the Black Sea, to facilitate further
collaboration among all countries in the region.
(11) Estonia, Latvia, and Lithuania play a critical
role in strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue
efforts consistent with the comprehensive, multilateral
Baltic Defense Assessment conducted by the Department
of Defense. Robust support to accomplish United States
strategic objectives, including by providing continued
assistance to the Baltic countries through security
cooperation, including cooperation referred to as the
Baltic Security Initiative pursuant to sections 332 and
333 of title 10, United States Code, should continue to
be prioritized in the years to come. Specifically, such
assistance should include the continuation of--
(A) enhancements to critical capabilities
that will strengthen Baltic security as well as
strengthen NATO's deterrence and defense
posture, including integrated air and missile
defense, maritime domain awareness, long-range
precision fires, and command and control;
(B) efforts to enhance interoperability among
Estonia, Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country
support improvements that will enhance United
States and allied military mobility across the
region;
(D) efforts to improve resilience to hybrid
and cyber threats in Estonia, Latvia, and
Lithuania; and
(E) support for planning and budgeting
efforts of Estonia, Latvia, and Lithuania that
are regionally synchronized.
(13) It is in the United States interest to support
efforts to enhance security and stability in the
Western Balkans. The United States should continue its
efforts to work with Western Balkans allies and
partners to build interoperability and support
institutional reforms. The United States should also
support those countries' efforts to resist
disinformation campaigns, predatory investments, and
other means by which Russia and China may seek to
influence this region.
(14) The United States should continue to work
closely with European allies and partners to counter
growing malign activities by the People's Republic of
China across Europe, in the Indo-Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on--
(1) capabilities upgrades necessary to enable the
Fifth Fleet to address emerging threats in its area of
responsibility; and
(2) any costs associated with such upgrades.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of seaborne threats posed by Iran,
and groups linked to Iran, to the military forces of
United States allies and partners operating in the
waters in and around the broader Middle East.
(2) A description of any capabilities upgrades
necessary to enable the Fifth Fleet to address such
threats.
(3) An estimate of the costs associated with any such
upgrades.
(4) A description of any United States plan to deepen
cooperation with other member countries of the Combined
Maritime Forces at the strategic, policy, and
functional levels for the purpose of addressing such
threats, including by--
(A) enhancing coordination on defense
planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) Broader Middle East Defined.--In this section, the term
``broader Middle East'' means--
(1) the land around the southern and eastern shores
of the Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the Secretary of State and the Secretary
of Defense, shall submit to the appropriate congressional
committees a report on--
(1) the use of online social media platforms by
entities designated as foreign terrorist organizations
by the Secretary of State for recruitment, fundraising,
and the dissemination of information; and
(2) the threat posed to the national security of the
United States by the online radicalization of
terrorists and violent extremists with ties to foreign
governments or elements thereof, foreign organizations,
or foreign persons, or international terrorist
activities.
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO MEET SHARED
NATIONAL SECURITY INTERESTS IN EAST AFRICA.
(a) Report on Foreign Assistance and Other Activities in
Somaliland.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the
House of Representatives.
(2) Report.--
(A) In general.--Not later than September 30,
2023, and annually thereafter until the date
that is 5 years after the date of the enactment
of this Act, the Secretary of State, in
consultation with the Administrator of the
United States Agency for International
Development, shall submit to the appropriate
congressional committees a report that, with
respect to the most recently concluded 12-month
period--
(i) describes assistance provided by
the Department of State and the United
States Agency for International
Development to Somaliland, including--
(I) the value of such
assistance (in United States
dollars);
(II) the source from which
such assistance was funded;
(III) the names of the
programs through which such
assistance was administered;
(IV) the implementing
partners through which such
assistance was provided;
(V) the sponsoring bureau of
the Department of State or the
United States Agency for
International Development; and
(VI) if the assistance
broadly targeted the Federal
Republic of Somalia, the
portion of such assistance that
was--
(aa) explicitly
intended to support
Somaliland; and
(bb) ultimately
employed in Somaliland;
(ii) details the staffing and
responsibilities of the Department of
State and the United States Agency for
International Development supporting
foreign assistance, diplomatic
engagement, and security initiatives in
Somaliland, including the location of
such personnel (duty station) and their
corresponding bureau;
(iii) provides--
(I) a detailed account of
travel to Somaliland by
employees of the Department of
State and the United States
Agency for International
Development, if any, including
the position, duty station, and
trip purpose for each such
trip; or
(II) the justification for
not traveling to Somaliland if
no such personnel traveled
during the reporting period;
and
(iv) if the Department of State has
provided training to security forces of
the Federal Member States (FMS), and
Somaliland, including--
(I) where such training has
occurred;
(II) the extent to which FMS
and Somaliland security forces
have demonstrated the ability
to absorb previous training;
and
(III) the ability of FMS and
Somaliland security forces to
maintain and appropriately
utilize such training, as
applicable.
(B) Form.--The report required under
subparagraph (A) shall be submitted in
unclassified form, but may contain a classified
annex.
(b) Feasibility Study.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate;
and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Feasibility study.--The Secretary of State, in
consultation with the Secretary of Defense, shall
conduct a feasibility study that--
(A) determines whether opportunities exist
for greater collaboration in the pursuit of
United States national security interests in
the Horn of Africa, the Gulf of Aden, and the
Indo-Pacific region with the Federal Government
of Somalia and Somaliland; and
(B) identifies the practicability and
advisability of improving the
professionalization and capacity of security
sector actors within the Federal Member States
(FMS) and Somaliland.
(3) Report to congress.--Not later than June 15,
2023, the Secretary of State, in consultation with the
Secretary of Defense and the heads of other relevant
Federal departments and agencies, shall submit a
classified report to the appropriate congressional
committees that contains the results of the feasibility
study required under paragraph (2).
(c) Rule of Construction.--Nothing in this Act, including the
reporting requirement under subsection (a) and the conduct of
the feasibility study under subsection (b), may be construed to
convey United States recognition of Somalia's FMS or Somaliland
as an independent entity.
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF THE
PARTNERSHIP AMONG AUSTRALIA, THE UNITED KINGDOM,
AND THE UNITED STATES.
(a) In General.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and
development center for the conduct of an independent assessment
of resourcing, policy, and process challenges to implementing
the partnership among Australia, the United Kingdom, and United
States (commonly known as the ``AUKUS partnership'') announced
on September 21, 2021.
(b) Matters to Be Considered.--In conducting the assessment
required by subsection (a), the federally funded research and
development center shall consider the following with respect to
each of Australia, the United Kingdom, and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure
policy and processes.
(3) Statutory, regulatory, and other policies and
processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer
and protection.
(6) Security protocols and practices, including
personnel, operational, physical, facility,
cybersecurity, counterintelligence, marking and
classifying information, and handling and transmission
of classified material.
(7) Industrial base implications specifically
including options to expand the United States submarine
and nuclear power industrial base to meet United States
and Australia requirements.
(8) Alternatives that would significantly accelerate
Australia's national security, including--
(A) interim submarine options to include
leasing or conveyance of legacy United States
submarines for Australia's use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers
appropriate.
(c) Recommendations.--The federally funded research and
development center selected to conduct the assessment under
this section shall include, as part of such assessment,
recommendations for improvements to resourcing, policy, and
process challenges to implementing the AUKUS partnership.
(d) Report.--
(1) In general.--Not later than January 1, 2024, the
Secretary shall submit to the congressional defense
committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the
House of Representatives a report that includes an
unaltered copy of such assessment, together with the
views of the Secretary on the assessment and on the
recommendations included in the assessment pursuant to
subsection (c).
(2) Form of report.--The report required by paragraph
(1) shall be submitted in unclassified form but may
contain a classified annex.
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned
Aerial Systems.--Subsection (a)(1) of section 1278 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended in
the first sentence by inserting after ``to establish
capabilities for countering unmanned aerial systems'' the
following ``, including directed energy capabilities,''.
(b) Support in Connection With the Program.--Subsection (b)
of such section is amended--
(1) in paragraph (3)(B), by inserting at the end
before the period the following: ``, including directed
energy capabilities''; and
(2) in paragraph (4), by striking ``$25,000,000'' and
inserting ``$40,000,000''.
(c) Sunset.--Subsection (f) of such section is amended by
striking ``December 31, 2024'' and inserting ``December 31,
2026''.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE AND
OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped
strengthen stability and kept the peace in Sinai
Peninsula; and
(2) the United States should continue to maintain its
strong support for the Multinational Force and
Observers.
(b) Briefing.--Not later than 60 days before the
implementation of any plan to move a Multinational Force and
Observer site, the Secretary of Defense shall brief the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate on the resulting impacts of such plan on existing
security arrangements between Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives on the
program described in section 1277 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
including an assessment on whether the program is beneficial to
students interning, working part time, or in a program that
will result in employment post-graduation with Department of
Defense components and contractors.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2023 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2023 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2023 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2023 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible beneficiaries,
as specified in the funding table in section 4501.
Subtitle B--National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS STOCK PILING
ACT.
(a) Repeal of Strategic Materials Protection Board.--Section
187 of title 10, United States Code, is repealed.
(b) Strategic and Critical Materials Board of Directors.--
Section 10 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-1) is amended to read as follows:
``SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
``(a) Establishment.--There is established a Strategic and
Critical Materials Board of Directors (in this Act referred to
as the `Board').
``(b) Members.--The Board shall be composed, at a minimum, of
the following:
``(1) The Assistant Secretary of Defense for
Industrial Base Policy, who shall serve as chairman of
the Board.
``(2) One designee of each of the Secretary of
Commerce, the Secretary of State, the Secretary of
Energy, and the Secretary of the Interior.
``(3) One designee of each of the Chairman and
Ranking Member of the Readiness Subcommittee of the
House Committee on Armed Services.
``(4) One designee of each of the Chairman and
Ranking Member of the Readiness Subcommittee of the
Senate Committee on Armed Services.
``(5) Four designees of the chairman of the Board,
who shall have expertise relating to military affairs,
defense procurement, production of strategic and
critical materials, finance, or any other disciplines
deemed necessary by the chairman to conduct the
business of the Board.
``(c) Duties of the Board.--In addition to other matters
assigned to it by the chairman, the Board shall conduct the
following, without power of delegation:
``(1) Adopt by-laws that ensure sufficient oversight,
governance, and effectiveness of the National Defense
Stockpile program.
``(2) Elect or remove Board members.
``(3) Advise the National Defense Stockpile Manager.
``(4) Establish performance metrics and conduct an
annual performance review of the National Defense
Stockpile Manager.
``(5) Set compensation for the National Defense
Stockpile Manager.
``(6) Review and approve the annual budget of the
National Defense Stockpile program and conduct
appropriate reviews of annual financial statements.
``(7) Re-allocate budget resources within the annual
budget of the National Defense Stockpile program.
``(8) Review and approve the Annual Materials and
Operations Plan required by section 11(a)(2) of this
Act, including a review of the projected domestic and
foreign economic effects of proposed actions to be
taken under the Annual Materials and Operations Plan.
``(9) Complete and submit the annual Board Report, in
accordance with section 11(b)(2) of this Act.
``(10) Recommend to the Secretary of Defense--
``(A) a strategy to ensure a secure supply of
materials designated as critical to national
security; and
``(B) such other strategies as the Board
considers appropriate to strengthen the
industrial base with respect to materials
critical to national security.
``(d) Board Meetings.--The Board shall meet as determined
necessary by the chairman but not less frequently than once
every year to fulfill the duties described in subsection (c).
``(e) Application of Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Board.
``(f) Definitions.--In this section:
``(1) Materials critical to national security.--The
term `materials critical to national security' means
materials--
``(A) upon which the production or
sustainment of military equipment is dependent;
and
``(B) the supply of which could be restricted
by actions or events outside the control of the
Government of the United States.
``(2) Military equipment.--The term `military
equipment' means equipment used directly by the Armed
Forces to carry out military operations.
``(3) Secure supply.--The term `secure supply', with
respect to a material, means the availability of a
source or sources for the material, including the full
supply chain for the material and components containing
the material.''.
(c) Reports.--Section 11 of such Act (50 U.S.C. 98h-2) is
amended to read as follows:
``SEC. 11. REPORTS.
``(a) Reports to the Board.--The National Defense Stockpile
Manager shall submit to the Board the following:
``(1) Not later than 40 calendar days after the last
day of each of the first three fiscal quarters in each
fiscal year, unaudited financial statements and a
Manager's Discussion and Analysis for the immediately
preceding fiscal quarter.
``(2) Not later than 60 calendar days after the
conclusion of the fourth quarter of each fiscal year--
``(A) audited financial statements and a
Manager's Discussion and Analysis for the
immediately preceding fiscal year; and
``(B) an Annual Materials and Operations Plan
for the forthcoming year.
``(b) Reports to Congress.--
``(1) Reports by national defense stockpile manage.--
Not later than 90 days after the conclusion of the
fourth quarter of each fiscal year, the National
Defense Stockpile Manager shall submit to the
congressional defense committees (as defined in section
101(a) of title 10, United States Code) a report that
shall include--
``(A) information with respect to foreign and
domestic purchases of materials for the
stockpile during the preceding fiscal year;
``(B) information with respect to the
acquisition and disposal of materials under
this Act by barter, during such fiscal year;
``(C) information with respect to the
activities by the National Defense Stockpile
Manager to encourage the conservation,
substitution, and development of strategic and
critical materials;
``(D) information with respect to the
research and development activities conducted
under section 8 of this Act;
``(E) audited annual financial statements for
the Strategic and Critical Materials Fund;
``(F) other pertinent information on the
administration of this Act as will enable the
Congress to evaluate the effectiveness of the
program;
``(G) details of all planned expenditures
from the Strategic and Critical Materials Fund
over the Future Years' Defense Program and
anticipated receipts from proposed disposals of
stockpile materials; and
``(H) the report required by paragraph (2).
``(2) Report by the board.--The Board shall prepare a
written report to accompany the report required by
paragraph (1) which shall include--
``(A) the activities of the Board to carry
out the duties listed in section 10(c) of this
Act; and
``(B) the most recent Annual Materials and
Operations Plan submitted under subsection
(a)(2)(B).''.
(d) Conforming Amendments.--
(1) Strategic and critical materials stock piling
act.--The Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98 et seq.) is amended--
(A) in section 5(a)(2)--
(i) by striking ``certain stockpile
transactions'' and all that follows
through ``submitted the President
proposes''; and
(ii) by striking ``any such
transaction'' and inserting the
following: ``any stockpile transactions
proposed in the Annual Materials and
Operations Plan for such fiscal year
after the Board submits the report
under section 11(b)(2) containing such
plan''; and
(B) in section 15--
(i) in subsection (c)(1), by striking
``annual materials plan'' and inserting
``Annual Materials and Operations
Plan''; and
(ii) in subsection (e)--
(I) by inserting ``, acting
through the National Defense
Stockpile Manager,'' after
``The President''; and
(II) by striking ``section
11(a)'' and inserting ``section
11(b)(1)''.
(2) Title 10.--Title 10 of the United States Code is
amended--
(A) in section 4863(g), by striking
``Strategic Materials Protection Board pursuant
to section 187 of this title'' and inserting
``Strategic and Critical Materials Board of
Directors pursuant to section 10 of the
Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-1)''; and
(B) in section 4872(c)(3)(B), by striking ``
Strategic Materials Protection Board pursuant
to section 187 of this title'' and inserting
``Strategic and Critical Materials Board of
Directors pursuant to section 10 of the
Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-1)''.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC AND
CRITICAL MATERIALS STOCK PILING ACT.
(a) In General.--Section 5 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98d) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by
inserting ``under the authority of
paragraph (3) of this section or''
after ``Except for acquisitions made'';
and
(ii) in the second sentence, by
striking ``for such acquisition'' and
inserting ``for any acquisition of
materials under this Act''; and
(B) by adding at the end the following:
``(3) Using funds appropriated for acquisition of materials
under this Act, the National Defense Stockpile Manager may
acquire materials determined to be strategic and critical under
section 3(a) without regard to the requirement of the first
sentence of paragraph (1) if the Stockpile Manager determines
there is a shortfall of such materials in the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the
purposes for which appropriated for a period of two
fiscal years, if so provided in appropriation Acts''
and inserting ``until expended, unless otherwise
provided in appropriations Acts''.
(b) Increase in Quantities of Materials to Be Stockpiled.--
Section 3(c)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98b(c)(2)) is amended--
(1) by amending the first sentence to read as
follows: ``The President shall notify Congress in
writing of any increase proposed to be made in the
quantity of any material to be stockpiled that involves
the acquisition of additional materials for the
stockpile.'';
(2) in the second sentence, by striking ``the change
after the end of the 45-day period'' and inserting
``the increase after the end of the 30-day period'';
and
(3) in the third sentence, by striking ``change'' and
inserting ``increase''.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.
Section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5) is amended by adding at the end
the following new subsection:
``(f)(1) Not later than March 1 each year, the National
Defense Stockpile Manager shall provide to the congressional
defense committees a briefing on strategic and critical
materials that--
``(A) are determined to be in shortfall in the most
recent report on stockpile requirements submitted under
subsection (a); and
``(B) the acquisition or disposal of which is
included in the Annual Materials and Operations Plan
for the operation of the stockpile during the next
fiscal year submitted under section 11(b).
``(2) Each briefing required by paragraph (1) shall include--
``(A) a description of each material described in
that paragraph, including the objective to be achieved
if funding is provided, in whole or in part, for the
acquisition of the material to remedy the shortfall;
``(B) an estimate of additional amounts required to
provide such funding, if any; and
``(C) an assessment of the supply chain for each such
material, including any assessment of any relevant risk
in any such supply chain.''.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL DEFENSE
STOCKPILE.
(a) Acquisition Authority.--Of the funds appropriated into
the National Defense Stockpile Transaction Fund pursuant to the
authorization of appropriations under subsection (c), the
National Defense Stockpile Manager may use up to $1,003,500,000
for acquisition of the following materials determined to be
strategic and critical materials required to meet the defense,
industrial, and essential civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and
neodymium iron boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile
requirements in the most recent report submitted to
Congress under section 14 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-5).
(b) Fiscal Year Limitation.--The authority under subsection
(a) is available for purchases during fiscal years 2023 through
2032.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to the National Defense Stockpile Transaction
Fund $1,003,500,000 for the acquisition of strategic and
critical materials under section 6(a) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98e(a)).
(d) Compliance With Strategic and Critical Materials Stock
Piling Act.--Any acquisition using funds appropriated pursuant
to the authorization of appropriations under subsection (c)
shall be carried out in accordance with the provisions of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.).
SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED
CONFLICT.
(a) Studies Required.--
(1) In general.--For each report required by section
14(a) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5(a)), the National Defense
Stockpile Manager shall--
(A) conduct a study on the strategic
materials required by the Department of Defense
to sustain combat operations for not less than
one year against the pacing threat identified
in the National Defense Strategy; and
(B) not later than January 15, 2024, submit
to the congressional defense committees a
report on such study in a classified form with
an unclassified summary.
(2) Energy storage and electronic components.--
(A) In general.--The Under Secretary of
Defense for Acquisition and Sustainment shall
conduct a study of the energy storage and
electronic components necessary to sustain
combat operations for not less than one year
against the pacing threat identified in the
National Defense Strategy.
(B) Report.----
(i) In general.--Not later than
January 15, 2024, the Under Secretary
of Defense for Acquisition and
Sustainment shall submit to the
congressional defense committees a
report on the study required under
subparagraph (A).
(ii) Form.--The report required by
clause (i) shall be submitted in an
unclassified form but may contain a
classified annex.
(iii) Elements.--The report required
by clause (i) shall include the
following:
(I) A description of the
specific number and type of
energy storage and electronic
components that the Department
of Defense requires for the
manufacture of munitions,
combat support items, and
weapon systems to sustain
combat operations.
(II) A description of the
specific number and type of
energy storage and electronic
components that the Department
of Defense requires to
replenish or replace munitions,
combat support items, and
weapon systems that are lost or
expended during the execution
and sustainment of the relevant
operational plan.
(III) A description of supply
chain vulnerabilities during
the sustainment and execution
period, such as sole sources of
supply, war damage, and
shipping interdiction.
(IV) A description of supply
chain vulnerabilities prior to
the sustainment and execution
period and the replenishment
and replacement period, such as
reliance on sole sources of
supply, geographic proximity to
strategic competitors, and
diminishing manufacturing
sources.
(V) An identification of
alternative sources of supply
for energy and electronics
components that are domestic or
are from allies or partners of
the United States.
(VI) An assessment of the
technical and economic
feasibility of the preparedness
and response programs of the
Department of Defense, such as
the National Defense Stockpile,
the Warstopper program, war
reserves and pre-positioned
stocks, contract options, or
other methods to mitigate
postulated shortfalls to
Department of Defense
requirements.
(VII) Any other such elements
deemed appropriate by the Under
Secretary of Defense for
Acquisition and Sustainment.
(C) Energy storage and electronic component
defined.--In this paragraph, the term ``energy
storage and electronic component'' includes--
(i) an item that operates by
controlling the flow of electrons or
other electrically charged particles in
circuits, using interconnections of
electrical devices such as resistors,
inductors, capacitors, diodes,
switches, transistors, or integrated
circuits; and
(ii) battery cells, battery modules,
battery packs, and other related
components related to batteries.
(b) Acquisition Priority.--Consistent with the authority in
section 5 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98d) and subject to the availability of
appropriations, the National Defense Stockpile Manager shall
acquire the highest priority strategic and critical materials
identified in the report submitted under subsection (a)(1).
(c) Strategic and Critical Materials Defined.--In this
section, the term ``strategic and critical materials'' has the
meaning given such term in section 12 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-3).
Subtitle C--Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A.
LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized
to be appropriated for section 1405 and available for the
Defense Health Program for operation and maintenance,
$168,000,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571).
For purposes of subsection (a)(2) of such section 1704, any
funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection
(b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations of
the Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical
Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year
2023 from the Armed Forces Retirement Home Trust Fund the sum
of $152,360,000 of which--
(1) $75,360,000 is for operation, maintenance,
construction and renovation; and
(2) $77,000,000 is for major construction.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of
universities that advise Secretary of Defense on cybersecurity
matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting
Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for
certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D--Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology
budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of
artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security
Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations
Forces.
Sec. 1558. Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter
adversaries in the information environment.
Subtitle A--Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.
(a) Certification Authority for Cyberspace Operations.--
Subsection (c) of section 932 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) is amended by adding at the end the
following:
``(4) Budget review.--(A) The Secretary of Defense,
acting through the Under Secretary of Defense
(Comptroller), shall require the Secretaries of the
military departments and the heads of the Defense
agencies with responsibilities associated with any
activity specified in paragraph (2) to transmit the
proposed budget for such activities for a fiscal year
and for the period covered by the future-years defense
program submitted to Congress under section 221 of this
title for that fiscal year to the Principal Cyber
Advisor for review under subparagraph (B) before
submitting the proposed budget to the Under Secretary
of Defense (Comptroller).
``(B) The Principal Cyber Advisor shall review each
proposed budget transmitted under subparagraph (A) and,
not later than January 31 of the year preceding the
fiscal year for which the budget is proposed, shall
submit to the Secretary of Defense a report containing
the comments of the Principal Cyber Advisor with
respect to all such proposed budgets, together with the
certification of the Principal Cyber Advisor regarding
whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the
Secretary of Defense shall submit to Congress a report
specifying each proposed budget that the Principal
Cyber Advisor did not certify to be adequate. The
report of the Secretary shall include the following
matters:
``(i) A discussion of the actions that the
Secretary proposes to take, together with any
recommended legislation that the Secretary
considers appropriate, to address the
inadequacy of the proposed budgets specified in
the report.
``(ii) Any additional comments that the
Secretary considers appropriate regarding the
inadequacy of the proposed budgets.''.
(b) Codification of Principal Cyber Advisors.--
(1) Title 10.--Chapter 19 of title 10, United States
Code, is amended by inserting after section 392 the
following new section (and conforming the table of
sections at the beginning of such chapter accordingly):
``Sec. 392a. Principal Cyber Advisors''.
(2) Principal cyber advisor to secretary of
defense.--Subsection (c) of section 932 of the National
Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 10 U.S.C. 2224 note), as amended by
subsection (a), is--
(A) transferred to section 392a of title 10,
United States Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and
inserting the following:
``(1) Establishment.--There is a Principal Cyber
Advisor in the Department of Defense.''; and
(D) amended in the subsection heading by
inserting ``to Secretary of Defense'' after
``Advisor''.
(3) Deputy cyber advisor.--Section 905 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10,
United States Code, designated as subsection
(b) of section 392a, as added by paragraph (1),
and amended by redesignating each subordinate
provision and the margins thereof accordingly;
and
(B) amended--
(i) by striking ``this subsection''
each place it appears and inserting
``this paragraph''; and
(ii) by striking ``subsection (a)''
each place it appears and inserting
``paragraph (1)''.
(4) Principal cyber advisors to secretaries of
military departments.--Section 1657 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 391 note) is--
(A) transferred to chapter 19 of title 10,
United States Code, designated as subsection
(c) of section 392a, as added by paragraph (1),
and amended by redesignating each subordinate
provision and the margins thereof accordingly;
and
(B) amended--
(i) by striking ``subparagraph (B)''
and inserting ``clause (ii)'';
(ii) by striking ``paragraph (1)''
each place it appears and inserting
``subparagraph (A)'';
(iii) by striking ``paragraph (2)''
each place it appears and inserting
``subparagraph (B)'';
(iv) by striking ``subsection
(a)(1)'' and inserting ``paragraph
(1)(A)'';
(v) by striking ``subsection (a)''
each place it appears and inserting
``paragraph (1)'';
(vi) by striking ``subsection (b)''
each place it appears and inserting
``paragraph (2)''; and
(vii) by striking paragraph (6) (as
redesignated pursuant to subparagraph
(A)).
(c) Conforming Amendments.--
(1) Title 10.--Section 167b(d)(2)(A) of title 10,
United States Code, is amended by inserting ``to the
Secretary of Defense under section 392a(a) of this
title'' after ``Principal Cyber Advisor''.
(2) FY22 ndaa.--Section 1528(e)(2) of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81; 10 U.S.C. 2224 note) is amended by striking
``section 1657(d) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
391 note)'' and inserting ``section 392a(c)(4) of title
10, United States Code''.
(3) FY17 ndaa.--Section 1643(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 2224 note) is amended by
striking ``The Principal Cyber Advisor, acting through
the cross-functional team established by section
932(c)(3) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224
note)'' and inserting ``The Principal Cyber Advisor to
the Secretary of Defense, acting through the cross-
functional team under section 392a(a)(3) of title 10,
United States Code,''.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR UNITED
STATES CYBER COMMAND.
(a) Annual Reports.--Chapter 19 of title 10, United States
Code, is amended by inserting after section 391 the following
new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 391a. Annual reports on support by military departments for
United States Cyber Command
``(a) Reports.--Not later than 15 days after the date on
which the Secretary of Defense submits to Congress the defense
budget materials (as defined in section 239 of this title) for
a fiscal year, the Commander of the United States Cyber Command
shall submit to the congressional defense committees a report
containing the following:
``(1) An evaluation of whether each military
department is meeting the requirements established by
the Commander and validated by the Office of the
Secretary of Defense, and is effectively implementing
the plan required by section 1534 of the National
Defense Authorization Act for Fiscal Year 2023, and the
requirements established pursuant to section 1533 of
such Act.
``(2) For each military department evaluated under
paragraph (1)--
``(A) a certification that the military
department is meeting such requirements; or
``(B) a detailed explanation regarding how
the military department is not meeting such
requirements.
``(b) Elements of Evaluation.--Each evaluation under
subsection (a)(1) shall include, with respect to the military
department being evaluated, the following:
``(1) The adequacy of the policies, procedures, and
execution of manning, training, and equipping personnel
for employment within the Cyber Mission Force.
``(2) The sufficiency and robustness of training
curricula for personnel to be assigned to either the
Cyber Mission Force or units within the cyberspace
operations forces, and the compliance by the military
department with training standards.
``(3) The adequacy of the policies and procedures
relating to the assignment and assignment length of
members of the Army, Navy, Air Force, Marine Corps, or
Space Force to the Cyber Mission Force.
``(4) The efficacy of the military department in
filling key work roles within the Cyber Mission Force,
including the proper force mix of civilian, military,
and contractor personnel, and the means necessary to
meet requirements established by the Commander and
validated by the Secretary of Defense.
``(5) The adequacy of the investment to advance
cyber-peculiar science and technology, particularly
with respect to capability development for the Cyber
Mission Force.
``(6) The sufficiency of the policies, procedures,
and investments relating to the establishment and
management of military occupational specialty,
designator, rating, or Air Force specialty code for
personnel responsible for cyberspace operations,
including an assessment of the effectiveness of the
combination of policies determining availability and
retention of sufficient numbers of proficient personnel
in key work roles, including length of service
commitment, the use of bonuses and special pays,
alternative compensation mechanisms, and consecutive
tours in preferred assignments.
``(7) In coordination with the Principal Cyber
Advisor of the Department of Defense, an evaluation of
the use by the military department of the shared
lexicon of the Department of Defense specific to
cyberspace activities.
``(8) The readiness of personnel serving in the Cyber
Mission Force and the cyberspace operations forces to
accomplish assigned missions.
``(9) The adequacy of actions taken during the period
of evaluation by the military department to respond to
findings from any previous years' evaluations.
``(10) Any other element determined relevant by the
Commander.''.
(b) First Report.--The Commander of the United States Cyber
Command shall submit to the congressional defense committees
the first report under section 391a of title 10, United States
Code, as added by subsection (a), as soon as practicable after
the date of the submission of the defense budget materials for
fiscal year 2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY FOR
STRATEGIC CYBERSECURITY PROGRAM.
Paragraph (2) of section 1640(c) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2224 note) is amended to read as follows:
``(2) Office of primary responsibility.--Not later
than 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2023, the Secretary of Defense shall designate a
principal staff assistant from within the Office of the
Secretary of Defense whose office shall serve as the
office of primary responsibility for the Program,
providing policy, direction, and oversight regarding
the execution of the responsibilities of the program
manager described in paragraph (5).''.
SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 394 note) is amended by adding at the end the
following new subsections:
``(e) Implementation.--Not later than May 1, 2023, the
Commanding Officer of Navy Cyber Warfare Development Group
shall submit to the congressional defense committees an
independent review of the study under subsection (a). The
review shall include, at a minimum, evaluations of--
``(1) the value of the study to the Navy Cyber
Warfare Development Group and to the Navy;
``(2) any recommendations not considered or included
as part of the study;
``(3) the implementation of subsection (b); and
``(4) other matters as determined by the Commanding
Officer.
``(f) Update to Congress.--Not later than July 1, 2023, the
Secretaries of the military departments and the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict shall provide to the congressional defense committees
a briefing on activities taken during the period following the
date of the briefing provided under subsection (d), including
an examination of establishing Tailored Cyberspace Operations
Organizations and use of the authority provided pursuant to
subsection (c).
``(g) Air Force Actions.--Not later than July 1, 2023, the
Secretary of the Air Force shall submit to the congressional
defense committees a review of the activities of the Navy Cyber
Warfare Development Group, including with respect to the
authorities of the Group. The review shall include the
following:
``(1) An assessment of whether such authorities shall
be conferred on the 90th Cyberspace Operations Squadron
of the Air Force.
``(2) A consideration of whether the 90th Cyberspace
Operations Squadron should be designated a controlled
tour, as defined by the Secretary.''.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM OF
UNIVERSITIES THAT ADVISE SECRETARY OF DEFENSE ON
CYBERSECURITY MATTERS.
Section 1659 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended by adding at the end the following new subsection:
``(f) Support Center.--
``(1) Establishment.--The Secretary shall establish a
center to provide support to the consortium established
under subsection (a).
``(2) Composition.--
``(A) Requirement.--The center established
under paragraph (1) shall be composed of one or
two universities, as the Secretary considers
appropriate, that--
``(i) have been designated as centers
of academic excellence by the Director
of the National Security Agency or the
Secretary of Homeland Security; and
``(ii) are eligible for access to
classified information.
``(B) Publication.--The Secretary shall
publish in the Federal Register the process for
selection of universities to serve as the
center established under paragraph (1).
``(3) Functions.--The functions of the center
established under paragraph (1) are as follows:
``(A) To promote the consortium established
under subsection (a).
``(B) To distribute on behalf of the
Department requests for information or
assistance to members of the consortium.
``(C) To collect and assemble responses from
requests distributed under subparagraph (B).
``(D) To provide additional administrative
support for the consortium.''.
SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER INTERNATIONAL
STRATEGY WITH NATIONAL DEFENSE STRATEGY AND
DEPARTMENT OF DEFENSE CYBER STRATEGY.
(a) Alignment Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Under Secretary of Defense for Policy and in
coordination with the commanders of the combatant commands and
the Director of the Joint Staff, shall undertake efforts to
align the cybersecurity cooperation enterprise of the
Department of Defense and the cyberspace operational
partnerships of the Department with--
(1) the national defense strategy published in 2022
pursuant to section 113(g) of title 10, United States
Code;
(2) the Cyber Strategy of the Department published
during fiscal year 2023; and
(3) the current International Cyberspace Security
Cooperation Guidance of the Department, as of the date
of the enactment of this Act.
(b) Elements.--The alignment efforts under subsection (a)
shall include the following efforts within the Department of
Defense:
(1) Efforts to build the internal capacity of the
Department to support international strategy policy
engagements with allies and partners of the United
States.
(2) Efforts to coordinate and align cyberspace
operations with foreign partners of the United States,
including alignment between hunt-forward missions and
other cyber international strategy activities conducted
by the Department, including identification of
processes, working groups, and methods to facilitate
coordination between geographic combatant commands and
the United States Cyber Command.
(3) Efforts to deliberately cultivate operational and
intelligence-sharing partnerships with key allies and
partners of the United States to advance the cyberspace
operations objectives of the Department.
(4) Efforts to identify key allied and partner
networks, infrastructure, and systems that the Joint
Force will rely upon for warfighting and to--
(A) support the cybersecurity and cyber
defense of those networks, infrastructure, and
systems;
(B) build partner capacity to actively defend
those networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that
has compromised those networks, infrastructure,
and systems, such as when identified through
hunt-forward operations; and
(D) leverage the commercial and military
cybersecurity technology and services of the
United States to harden and defend those
networks, infrastructure, and systems.
(5) Efforts to secure the environments and networks
of mission partners of the United States used to hold
intelligence and information originated by the United
States.
(6) Prioritization schemas, funding requirements, and
efficacy metrics to drive cyberspace security
investments in the tools, technologies, and capacity-
building efforts that will have the greatest positive
impact on the resilience and ability of the Department
to execute its operational plans and achieve integrated
deterrence.
(c) Organization.--The Under Secretary of Defense for Policy
shall lead efforts to implement this section. In doing so, the
Under Secretary shall consult with the Secretary of State, the
National Cyber Director, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the Federal
Bureau of Investigation, to align plans and programs as
appropriate.
(d) Annual Briefings.--
(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, and not less
frequently than once each fiscal year until September
30, 2025, the Under Secretary of Defense for Policy
shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing
on the implementation of this section.
(2) Contents.--Each briefing under paragraph (1)
shall include the following:
(A) An overview of efforts undertaken
pursuant to this section.
(B) An accounting of all the security
cooperation activities of the Department
germane to cyberspace and changes made pursuant
to implementation of this section.
(C) A detailed schedule with target
milestones and required expenditures for all
planned activities related to the efforts
described in subsection (b).
(D) Interim and final metrics for building
the cyberspace security cooperation enterprise
of the Department.
(E) Identification of such additional
funding, authorities, and policies, as the
Under Secretary determines may be required.
(F) Such recommendations as the Under
Secretary may have for legislative action to
improve the effectiveness of cyberspace
security cooperation of the Department with
foreign partners and allies.
(e) Annual Report.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter until January 1, 2025, the Under Secretary
of Defense for Policy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report summarizing the cyber
international strategy activities of the Department, including
within the cybersecurity cooperation enterprise of the
Department and the cyber operational partnerships of the
Department.
SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND SECURITY COOPERATION.
(a) Enhanced Training.--
(1) Requirement.--The Under Secretary of Defense for
Intelligence and Security and the Under Secretary of
Defense for Policy, in coordination with the Commander
of United States Cyber Command, the Director of the
Defense Security Cooperation Agency, and the Director
of the Defense Intelligence Agency, shall develop
enhanced guidance for and implement training on
cyberspace security cooperation at the Defense Security
Cooperation University and the Joint Military Attache
School.
(2) Timing.--The Under Secretaries shall develop the
enhanced guidance and implement the training under
paragraph (1)--
(A) by not later than one year after the date
of the enactment of this Act with respect to
the Joint Military Attache School; and
(B) by not later than September 30, 2025,
with respect to the Defense Security
Cooperation University.
(3) Elements.--The Under Secretaries shall ensure
that the training on cyberspace security cooperation
under paragraph (1)--
(A) is tailored to the trainees' anticipated
embassy role and functions; and
(B) provides familiarity with--
(i) the different purposes of
cyberspace engagements with partners
and allies of the United States,
including threat awareness,
cybersecurity, mission assurance, and
operations;
(ii) the types of cyberspace security
cooperation programs and activities
available for partners and allies of
the United States, including bilateral
and multilateral cyberspace
engagements, information and
intelligence sharing, training, and
exercises;
(iii) the United States Cyber Command
cyberspace operations with partners,
including an overview of the Hunt
Forward mission and process;
(iv) the roles and responsibilities
of the United States Cyber Command, the
geographic combatant commands, and the
Defense Security Cooperation Agency for
cybersecurity cooperation within the
Department of Defense; and
(v) such other matters as the Under
Secretaries, in coordination with the
Commander of United States Cyber
Command, consider appropriate.
(4) Requirements.--The baseline familiarization
training developed under subsection (a) shall be a
required element for all participants in the Defense
Security Cooperation University, the Attache Training
Program, and the Attache Staff Training Program of the
Joint Military Attache School.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense
for Policy, in coordination with the Commander of the United
States Cyber Command, the Director of the Defense Security
Cooperation Agency, and the Director of the Defense
Intelligence Agency, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the requirements and considerations to implement
enhanced training and coordination to advance cyberspace
security cooperation with foreign partners. The study may
consider such areas as the following:
(1) Sufficiency of the training provided in the
Defense Security Cooperation University and the Joint
Military Attache School.
(2) Additional training requirements, familiarization
requirements, or both such requirements necessary for
officers assigned to particular locations or positions.
(3) Areas for increased cooperation.
(4) A plan for completing the activities required by
subsection (a).
(5) Additional resources required to complete such
activities.
(c) Briefing.--Not later than 30 days after the date on which
the Under Secretary of Defense for Intelligence and Security
and the Under Secretary of Defense for Policy submit the report
under subsection (b), the Under Secretaries, in coordination
with the Commander of the United States Cyber Command, the
Director of the Defense Security Cooperation Agency, and the
Director of the Defense Intelligence Agency, shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the findings from the report on
enhancing training and coordination to advance cyberspace
security cooperation described in such subsection. Such
briefing shall include a discussion on the enhanced training
meeting the elements under subsection (a)(3) and a plan for
future updates and sustainment of such training.
SEC. 1508. MILITARY CYBERSECURITY COOPERATION WITH HASHEMITE KINGDOM OF
JORDAN.
(a) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Policy, in
concurrence with the Secretary of State and in coordination
with the Commander of the United States Cyber Command and the
Commander of the United States Central Command, shall seek to
engage the Ministry of Defense of the Hashemite Kingdom of
Jordan for the purpose of expanding cooperation of military
cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of
military cybersecurity activities between the Department of
Defense and the Ministry of Defense of the Hashemite Kingdom of
Jordan under subsection (a), the Secretary of Defense may carry
out the following efforts:
(1) Bilateral cybersecurity training activities and
exercises.
(2) Efforts to--
(A) actively defend military networks,
infrastructure, and systems;
(B) eradicate malicious cyber activity that
has compromised those networks, infrastructure,
and systems; and
(C) leverage United States commercial and
military cybersecurity technology and services
to harden and defend those networks,
infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall provide to the appropriate congressional
committees a briefing on the implementation of this
section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken
pursuant to this section.
(B) A description of the feasibility and
advisability of expanding the cooperation of
military cybersecurity activities between the
Department of Defense and the Ministry of
Defense of the Hashemite Kingdom of Jordan.
(C) Identification of any challenges and
resources that need to be addressed so as to
expand such cooperation.
(D) Any other matter the Secretary determines
relevant.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1509. MANAGEMENT AND OVERSIGHT OF JOINT CYBER WARFIGHTING
ARCHITECTURE.
(a) Establishment of Offices.--
(1) Requirement.--The Secretary of Defense, in
consultation with the Commander of the United States
Cyber Command, shall establish within the United States
Cyber Command--
(A) a program executive office; and
(B) one or more subordinate program
management offices under the program executive
office.
(2) Responsibilities.--The offices established
pursuant to paragraph (1) shall--
(A) oversee, manage, and execute the Joint
Cyber Warfighting Architecture;
(B) oversee, manage, and execute the programs
designated, or to be designated, as part of the
Joint Cyber Warfighting Architecture;
(C) conduct mission engineering,
architecting, and design of the Joint Cyber
Warfighting Architecture system of systems, and
any successor effort;
(D) maintain a validated Joint Cyber
Warfighting Architecture system of systems
mission architecture, updated regularly to
inform the current and future constituent
programs of the Joint Cyber Warfighting
Architecture, and the continuous delivery
pipelines of such programs;
(E) ensure that the Joint Cyber Warfighting
Architecture component solution architectures
align with and support the Joint Cyber
Warfighting Architecture system of systems
mission architecture;
(F) support integration of mission-specific
capabilities, including mission-specific data,
analytics, defensive tools, offensive tools,
and intelligence systems, acquired through non-
Joint Cyber Warfighting Architecture programs;
and
(G) carry out any other responsibilities
determined appropriate by the Secretary of
Defense, including the acquisition of cyber
operations capabilities beyond the Joint Cyber
Warfighting Architecture.
(3) Apportionment of responsibilities.--The Commander
shall apportion the responsibilities under paragraph
(2) across the offices established pursuant to
paragraph (1).
(4) Authority.--The Secretary shall ensure that the
offices established pursuant to paragraph (1) are
empowered with the authority necessary to compel and
enforce compliance with decisions and directives issued
pursuant to the responsibilities under paragraph (2).
(b) Architecture Components.--The Commander shall serve as
the sole sponsor and requirements manager for the Joint Cyber
Warfighting Architecture and the constituent programs of such
architecture, as determined by the Commander.
(c) Organization of Program Executive Office.--
(1) Head.--
(A) Reporting.--The head of the program
executive office established under subsection
(a)(1)(A) shall report to the Command
Acquisition Executive of the United States
Cyber Command.
(B) Additional oversight.--In addition to the
oversight of the head of the program executive
office provided by the Command Acquisition
Executive under subparagraph (A), the Under
Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for
Research and Engineering, and the Principal
Cyber Advisor of the Department of Defense
shall provide oversight of the head.
(2) Responsibilities.--The head of the program
executive office shall--
(A) exercise central technical authority for
the Joint Cyber Warfighting Architecture;
(B) manage and provide oversight of the
implementation and integration of the
Architecture; and
(C) provide direction to subordinate program
offices, as determined appropriate by the
Commander.
(d) Personnel.--
(1) Necessary positions.--The Commander of the United
States Cyber Command shall ensure that the program
executive office or any subordinate program management
office established pursuant to subsection (a)(1)
includes in the staff of the respective office a chief
architect, a systems engineer, and a chief talent
officer to--
(A) develop a mission-driven Joint Cyber
Warfighting Architecture optimized for
execution of missions of the United States
Cyber Command;
(B) ensure the office is properly and
effectively staffed; and
(C) advise the head of the office with
respect to the execution of--
(i) the central technical authority
for the Joint Cyber Warfighting
Architecture;
(ii) the management of the
implementation and integration of the
Joint Cyber Warfighting Architecture;
and
(iii) technical direction provided to
subordinates responsible for individual
Joint Cyber Warfighting Architecture
programs.
(2) Staffing.--
(A) In general.--The Secretary of Defense, in
coordination with the Commander of the United
States Cyber Command, shall ensure that the
offices established pursuant to subsection
(a)(1) are appropriately staffed with expert
talent, including from the following
organizations, as appropriate:
(i) The headquarters staff of the
United States Cyber Command, the Cyber
National Mission Force, the Joint Force
Headquarters-Cyber, and the Cyber
Mission Force.
(ii) The Capabilities Directorate of
the National Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support
Office of the Air Force.
(v) The Defense Advanced Research
Projects Agency.
(vi) The Strategic Capabilities
Office.
(vii) Research laboratories of the
military departments.
(viii) The Defense Information
Systems Agency.
(B) Technical talent.--In addition to the
requirement under subparagraph (A), to support
the permanent staffing of the offices
established pursuant to subsection (a)(1), the
Commander of the United States Cyber Command
shall ensure that the offices deliberately hire
and use technical talent resident in the
defense industrial base, commercial technology
industry, federally funded research and
development centers, university affiliated
research centers, and the rest of the Federal
Government.
(e) Budget Execution Control.--The Secretary shall provide to
the United States Cyber Command the resources necessary to
support the program executive office established under
subsection (a)(1)(A) and the Commander of the United States
Cyber Command shall exercise budget execution control over
component programs of the Joint Cyber Warfighting Architecture
that are subject to the responsibilities assigned to the
Commander by section 1507 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 167b
note).
(f) Constellation Program.--The Director of the Defense
Advanced Research Projects Agency and the head of the program
executive office established under subsection (a)(1)(A) shall
plan and carry out the Constellation program by entering into
transactions under section 4021 of title 10, United States
Code. In carrying out the preceding sentence, the Secretary
shall establish an effective framework and pipeline system for
maturing cyber operations-relevant technologies developed by
the Agency, integrating the technologies into Joint Cyber
Warfighting Architecture capabilities, and transitioning the
technologies into operational use by the United States Cyber
Command.
(g) Transition.--The Secretary of Defense, in coordination
with the Commander of the United States Cyber Command, shall
transition responsibilities for the management and execution of
Joint Cyber Warfighting Architecture programs from the military
departments to the offices established pursuant to subsection
(a)(1) by the earlier of the following:
(1) The date on which--
(A) the offices are appropriately staffed and
resourced; and
(B) the Commander determines that the
transition is appropriate.
(2) The date that is five years after the date of the
enactment of this Act.
(h) Review.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Commander of the United
States Cyber Command, in coordination with the Under Secretary
of Defense for Research and Engineering, the Principal Cyber
Advisor of the Department of Defense, the Secretaries of the
military departments, the Director of the Defense Advanced
Research Projects Agency, and the Director of the National
Security Agency, shall submit to the congressional defense
committees an integrated review of the Joint Cyber Warfighting
Architecture and all other capabilities required for the
execution of the missions of the United States Cyber Command to
determine the following:
(1) The extent to which capabilities of the United
States Cyber Command and the National Security Agency
should be joint, mutually available, integrated, or
interoperable.
(2) Whether each of the Joint Cyber Warfighting
Architecture capabilities has been effectively designed
and architected to enable each of the missions of the
United States Cyber Command.
(3) How the Joint Cyber Warfighting Architecture will
support defense of the Department of Defense
Information Network and its relation to existing
datasets, sensors, tools, firewalls, and capabilities
deployed at each echelon of the Department of Defense
Information Network.
(4) What data, capabilities, and technologies
external to the current Joint Cyber Warfighting
Architecture programs, as of the date of the review,
should be acquired as part of the Joint Cyber
Warfighting Architecture and under the control of the
offices established pursuant to subsection (a)(1).
(5) What mission-specific data, capabilities, and
technologies external to the current Joint Cyber
Warfighting Architecture programs should integrate with
or be interoperable with the Joint Cyber Warfighting
Architecture system of systems.
(6) The organization and staffing of such offices,
including--
(A) whether the program executive office
should be responsible for overseeing the
acquisition of the cyber operations
capabilities of the United States Cyber Command
generally or the Joint Cyber Warfighting
Architecture specifically;
(B) what subordinate program management
offices should be established under the program
executive office;
(C) whether the Joint Cyber Warfighting
Architecture programs should be consolidated
within a single program management office; and
(D) which personnel should be appointed to
such offices pursuant to subsection (d)(1).
(7) The timeline for the execution of the transition
under subsection (g).
(8) The acquisition strategy of the Department for
procuring the Joint Cyber Warfighting Architecture and
related capabilities, including relevant enterprise
strategic initiatives and contracting strategies.
(9) The responsibilities of the United States Cyber
Command J2, J3, J5, J6, J8, and J9 in acquiring,
authorizing, and managing cyber capabilities.
(10) The physical locations of the offices
established pursuant to subsection (a)(1).
(i) Briefing Required.--Not later than 540 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment and the Commander of
the United States Cyber Command shall jointly provide to the
congressional defense committees a briefing on the status of
the implementation of this section.
(j) Repeal.--Section 1645 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 4571 note prec.) is repealed.
(k) Joint Cyber Warfighting Architecture Defined.--In this
section, the term ``Joint Cyber Warfighting Architecture''
means the range of joint cyber warfighting systems and
capabilities that support the full spectrum of military cyber
operations, as designated by the Commander of the United States
Cyber Command, and includes any such successor effort.
SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOPMENT.
(a) Force Development.--
(1) In general.--The Secretary of Defense shall
establish forces, capabilities, and information support
to enable the delivery of non-kinetic effects that
provide increased survivability and effectiveness of
military forces within a defense planning scenario.
(2) Force planning.--To support the development of
the forces, capabilities, and information support under
paragraph (1), the Secretary shall establish a force
planning activity to identify and define the relevant
forces, capabilities, and information support required
to develop and deliver non-kinetic effects within a
defense planning scenario. The Secretary shall ensure
that the force planning activity identifies--
(A) desired operational effects within such
scenario;
(B) the gaps that limit the ability to access
important targets, the development of
capabilities, the conduct of mission planning,
and the execution of operations to deliver such
effects;
(C) the collection systems, analytic
expertise and capacity, analytic tools and
processes, foreign materiel, and product lines
required to support development and delivery of
such effects;
(D) the forces required to deliver such
effects, including associated doctrine,
training, expertise, organization, authorities,
and command and control arrangements; and
(E) the cyber, electronic warfare, sensing,
and communications capabilities, and delivery
platforms and mechanisms, required to achieve
such effects and the extent to which such
capabilities, platforms, and mechanisms should
be integrated with each other.
(3) Initial organization structure.--During an
initial period of not less than 24 months, the Under
Secretary of Defense for Research and Engineering shall
organize the force planning activity established under
paragraph (2). The Under Secretary shall designate a
planning official from the Office of the Under
Secretary for Research and Engineering to lead
development and execution of the force planning
activity, in coordination with staff designated by the
Director of the Joint Staff of the Joint Chiefs of
Staff. The designated planning official shall select a
lead technical director. After such initial period, the
Secretary may re-assign the force planning activity to
another organization under different leadership.
(4) Plan for follow-on activities.--Not later than
270 days after the date of the enactment of this Act,
the Secretary shall submit to the congressional defense
committees a plan for follow-on activities regarding
the delivery of non-kinetic effects described in
paragraph (1). The Secretary shall ensure the plan--
(A) includes the identification of dedicated
resources to be controlled by the designated
planning official described in paragraph (3)
and an approach under which the planning
official apportions such resources across the
Department of Defense to establish, augment,
and accelerate new and ongoing activities
described in paragraph (1) and subsections (b),
(c), and (d); and
(B) identifies--
(i) a dedicated program element for
non-kinetic force development;
(ii) the suitability of the mission
management authorities established
through the pilot program under section
871 of the National Defense
Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 191
note);
(iii) the utility of using joint
capability technology demonstrations to
drive prototyping, experimentation, and
technical integration of non-kinetic
capabilities;
(iv) how the Rapid Defense
Experimentation Reserve might drive
prototyping, experimentation, and
technical integration of non-kinetic
capabilities; and
(v) alignment with other
experimentation activities with the
appropriate combatant commands.
(5) Implementation.--During the initial period
specified in paragraph (3), the designated planning
official described in such paragraph shall report
directly to the Deputy Secretary of Defense, to whom
the official shall provide updates and recommendations
not less frequently than quarterly. The Secretary shall
ensure that the force planning activity established
under paragraph (2) is supported by representatives
from the military services, relevant combatant
commands, the Strategic Capabilities Office, the
Defense Advanced Research Projects Agency, and other
elements within the Department of Defense, as
appropriate.
(b) Forces.--In order to generate the forces identified in
subsection (a)(2)(D), the Secretary of Defense shall--
(1) through the Secretaries of the military
departments and the heads of other Department of
Defense components, as appropriate, establish
appropriate forces and accompanying doctrine, training,
and tradecraft;
(2) acting through the Vice Chairman of the Joint
Chiefs of Staff, serving as the Chairman of the Joint
Requirements Oversight Council, ensure that appropriate
requirements exist to guide the development and
fielding of forces and means to deliver non-kinetic
effects within a defense planning scenario;
(3) through the Under Secretary of Defense for
Policy, in coordination with the Chairman of the Joint
Chiefs of Staff and the combatant commands, establish
appropriate command and control structures and
relationships governing such forces; and
(4) determine the appropriate responsibilities of--
(A) Cyber Mission Force of the United States
Cyber Command;
(B) cyber, electronic warfare, and space
forces provided to other combatant commands;
and
(C) other operational entities within the
Department of Defense in delivering non-kinetic
effects.
(c) Capabilities.--In order to develop the capabilities
identified in subsection (a)(2)(E), the Secretary of Defense,
acting through the Director of the Defense Advanced Research
Projects Agency, the Director of the Strategic Capabilities
Office, the Secretaries of the military departments, and the
heads of other elements of the Department of Defense, shall
develop the capabilities required for the delivery of non-
kinetic effects within a defense planning scenario.
(d) Policy.--The Secretary of Defense, acting through the
Under Secretary of Defense for Policy and in coordination with
the Chairman of the Joint Chiefs of Staff, shall develop policy
governing the delivery of non-kinetic effects within a defense
planning scenario.
(e) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
status of the implementation of this section.
(f) Non-kinetic Effects Defined.--In this section, the term
``non-kinetic effects'' means effects achieved through radio-
frequency transmission of integrated cyber and electronic
warfare techniques and other related and supporting technical
measures.
SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--In the event that the President determines
that there is an active, systematic, and ongoing campaign of
attacks in cyberspace by a foreign power against the Government
or the critical infrastructure of the United States, the
President may authorize the Secretary of Defense, acting
through the Commander of the United States Cyber Command, to
conduct military cyber activities or operations pursuant to
section 394 of title 10, United States Code, in foreign
cyberspace to deter, safeguard, or defend against such attacks.
(b) Affirmation of Scope of Cyber Activities or Operations.--
Congress affirms that the cyber activities or operations
referred to in subsection (a), when appropriately authorized,
shall be conducted consistent with section 394 of title 10,
United States Code.
(c) Definition of Critical Infrastructure.--In this section,
the term ``critical infrastructure'' has the meaning given that
term in subsection (e) of the Critical Infrastructure
Protection Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION ACTIVITIES
FOR CERTAIN SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Display Required.--Beginning with fiscal year 2024, and
for each fiscal year thereafter, the Secretary of Defense shall
include with the budget justification materials submitted to
Congress in support of the budget of the Department of Defense
for that fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a consolidated cryptographic modernization budget
justification display for each Department of Defense system or
asset that is protected by cryptography and subject to
certification by the National Security Agency (in this section,
referred to as ``covered items'').
(b) Elements.--Each display included under subsection (a) for
a fiscal year shall include the following:
(1) Cryptographic modernization activities.--(A)
Whether, in accordance with the schedule established
under section 153(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 142 note), the
cryptographic modernization for each covered item is
pending, in progress, complete, or, pursuant to
paragraph (2) of such section, extended.
(B) The funding required for the covered fiscal year
and for each subsequent fiscal year of the Future Years
Defense Program to complete the pending or in progress
cryptographic modernization by the required replacement
date of each covered item.
(C)(i) A description of deviations between the
funding annually required to complete the modernization
prior to the required replacement date and the funding
requested and planned within the Future Years Defense
Program.
(ii) An explanation--
(I) justifying the deviations; and
(II) of whether or how any delays resulting
from a deviation shall be overcome to meet the
required replacement date.
(D) A description of operational or security risks
resulting from each deviation from the modernization
schedule required to meet replacement dates, including
a current intelligence assessment of adversary progress
on exploiting the covered item.
(E) For any covered item that remains in service past
its required replacement date, a description of the
number of times the covered item has been extended and
the circumstances attending each such extension.
(2) Mitigation activities for covered items.--(A)
Whether activities to mitigate the risks associated
with projected failure to replace a covered item by the
required replacement date are planned, in progress, or
complete.
(B) The funding required for the covered fiscal year
and for each subsequent fiscal year for required
mitigation activities to complete any planned, pending,
or in progress mitigation activities for a covered
item.
(C) A description of the activities planned in the
covered fiscal year and each subsequent fiscal year to
complete mitigation activities and an explanation of
the efficacy of the mitigations.
(c) Form.--The display required by subsection (a) shall be
included in unclassified form, but may include a classified
annex.
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGEMENT, ARTIFICIAL
INTELLIGENCE, AND DIGITAL SOLUTIONS.
(a) Establishment of Priority Projects.--The Deputy Secretary
of Defense shall--
(1) establish priority enterprise projects for data
management, artificial intelligence, and digital
solutions for both business efficiency and warfighting
capabilities intended to accelerate decision advantage;
and
(2) assign responsibilities for execution and funding
of the projects established under paragraph (1).
(b) Actions Required.--To ensure implementation of the
priority projects of the Deputy Secretary of Defense under
subsection (a), and to instill data science and technology as a
core discipline in the Department of Defense, the Deputy
Secretary shall--
(1) hold the heads of components accountable for--
(A) making their component's data available
for use pursuant to the memorandum of the
Deputy Secretary of Defense dated May 5, 2021,
and titled ``Creating Data Advantage'', in
accordance with plans developed and approved by
the head of the component and the Deputy
Secretary;
(B) developing, implementing, and reporting
measurable actions to acquire, preserve, and
grow the population of government and
contractor personnel with expertise in data
management, artificial intelligence, and
digital solutions;
(C) making their components use data
management practices, analytics processes,
enterprise cloud computing environments, and
operational test environments that are made
available and specifically approved by the head
of the component and the Deputy Secretary;
(D) identifying and reporting on an annual
basis for Deputy Secretary approval those
ongoing programs and activities and new
initiatives within their components to which
the component head determines should be applied
advanced analytics, digital technology, and
artificial intelligence; and
(E) developing and implementing cybersecurity
and artificial intelligence security solutions,
including preventative and mitigative technical
solutions, red team assessments, to protect
artificial intelligence systems, data,
development processes, and applications from
adversary actions;
(2) require the Chief Digital and Artificial
Intelligence Officer, in coordination with the heads of
components, to develop and report on an actionable plan
for the Deputy Secretary to reform the technologies,
policies, and processes used to support accreditation
and authority to operate decisions to enable rapid
deployment into operational environments of newly
developed government, contractor, and commercial data
management, artificial intelligence, and digital
solutions software;
(3) require the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Chief
Digital and Artificial Intelligence Officer and heads
of components to define and establish career paths,
work roles, and occupational specialties for civilian
and military personnel in the fields of data
management, artificial intelligence, and digital
solutions for the Deputy Secretary's approval; and
(4) establish a Departmental management reform goal
for adoption and integration artificial intelligence or
machine learning into business and warfighting
processes, including the tracking of metrics,
milestones, and initiatives to measure the progress of
the Department in meeting that goal.
(c) Briefings Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
until December 31, 2025, the Deputy Secretary shall provide to
the congressional defense committees a briefing on directives
issued by the Deputy Secretary to implement the requirements of
this section and the status of implementation actions.
(d) Component Defined.--In this section, the term
``component'' means a military department, a combatant command,
or a Defense Agency of the Department of Defense.
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY
CAPABILITIES.
(a) Development and Submission of Plans.--Not later than
February 1, 2024, the Chief Information Officer of the
Department of Defense and the Chief Information Officers of the
military departments shall develop and submit plans described
in subsection (b) to the Director of Operational Test and
Evaluation who may approve the implementation of the plans
pursuant to subsection (c).
(b) Plans Described.--The plans described in this subsection
are plans that--
(1) ensure covered cybersecurity capabilities are
appropriately tested, evaluated, and proven
operationally effective, suitable, and survivable prior
to operation on a Department of Defense network; and
(2) specify how test results will be expeditiously
provided to the Director of Operational Test and
Evaluation.
(c) Assessment.--In reviewing the plans submitted under
subsection (a), the Director of Operational Test and Evaluation
shall conduct an assessment that includes consideration of the
following:
(1) Threat-realistic operational testing, including
representative environments, variation of operational
conditions, and inclusion of a realistic opposing
force.
(2) The use of Department of Defense cyber red teams,
as well as any enabling contract language required to
permit threat-representative red team assessments.
(3) Collaboration with the personnel using the
commercial cybersecurity capability regarding the
results of the testing to improve operators' ability to
recognize and defend against cyberattacks.
(4) The extent to which additional resources may be
needed to remediate any shortfalls in capability to
make the commercial cybersecurity capability effective,
suitable, and cyber survivable in an operational
environment of the Department.
(5) Identification of training requirements, and
changes to training, sustainment practices, or concepts
of operation or employment that may be needed to ensure
the effectiveness, suitability, and cyber survivability
of the commercial cybersecurity capability.
(d) Policies and Regulations.--Not later than February 1,
2024, the Secretary of Defense shall issue such policies and
guidance and prescribe such regulations as the Secretary
determines necessary to carry out this section.
(e) Reports.--Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2030, the
Director shall include in each annual report required by
section 139(h) of title 10, United States Code, the following:
(1) The status of the plans developed under
subsection (a).
(2) The number and type of test and evaluation events
completed in the past year for such plans,
disaggregated by component of the Department, and
including resources devoted to each event.
(3) The results from such test and evaluation events,
including any resource shortfalls affecting the number
of commercial cybersecurity capabilities that could be
assessed.
(4) A summary of identified categories of common gaps
and shortfalls found during testing.
(5) The extent to which entities responsible for
developing and testing commercial cybersecurity
capabilities have responded to recommendations made by
the Director in an effort to gain favorable
determinations.
(6) Any identified lessons learned that would impact
training, sustainment, or concepts of operation or
employment decisions relating to the assessed
commercial cybersecurity capabilities.
(f) Definition.--In this section, the term ``covered
cybersecurity capabilities'' means any of the following:
(1) Commercial products (as defined in section 103 of
title 41, United States Code) acquired and deployed by
the Department of Defense to satisfy the cybersecurity
requirements of one or more Department components.
(2) Commercially available off-the-shelf items (as
defined in section 104 of title 41, United States Code)
acquired and deployed by the Department of Defense to
satisfy the cybersecurity requirements of one or more
Department components.
(3) Noncommercial items acquired through the Adaptive
Acquisition Framework and deployed by the Department of
Defense to satisfy the cybersecurity requirements of
one or more Department components.
Subtitle B--Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION
IN THE INFORMATION ENVIRONMENT.
Chapter 19 of title 10, United States Code, as amended by
section 1551, is further amended by adding at the end the
following new section (and conforming the table of sections at
the beginning of such chapter accordingly):
``Sec. 399. Notifications relating to military operations in the
information environment: requirement to notify
Chief of Mission
``The Secretary may not authorize a military operation in the
information environment under this title intended to cause an
effect in a country unless the Secretary fully informs the
chief of mission for that country under section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927) of the planned
operation.''.
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF DEFENSE
INFORMATION AND INFLUENCE OPERATIONS CONDUCTED
THROUGH CYBERSPACE.
(a) Assessment and Plan.--Not later than 90 days after the
date of the enactment of this Act, the Principal Information
Operations Advisor and the Principal Cyber Advisor to the
Secretary of Defense shall complete both an assessment and an
optimization plan for information and influence operations
conducted through cyberspace.
(b) Elements.--The assessment under subsection (a) shall
include the following:
(1) An inventory of the components of the Department
of Defense conducting information and influence
operations conducted through cyberspace.
(2) An examination of sufficiency of resources
allocated for information and influence operations
conducted through cyberspace.
(3) An evaluation of the command and control,
oversight, and management of matters related to
information and influence operations conducted through
cyberspace across the Office of the Secretary of
Defense and the Joint Staff.
(4) An evaluation of the existing execution,
coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information
and influence operations conducted through cyberspace.
(5) Any other matters determined relevant by the
Principal Information Operations Advisor and the
Principal Cyber Advisor to the Secretary of Defense.
(c) Optimization Plan.--The optimization plan under
subsection (a) shall include the following:
(1) Actions that the Department will implement to
improve the execution, coordination, synchronization,
deconfliction, and consultative procedures and
mechanisms for information and influence operations
conducted through cyberspace.
(2) An evaluation of potential organizational changes
required to optimize information and influence
operations conducted through cyberspace.
(3) Any other matters determined relevant by the
Principal Information Operations Advisor and the
Principal Cyber Advisor to the Secretary of Defense.
(d) Briefings.--Not later than 30 days after completing the
assessment and optimization plan under subsection (a), the
Principal Information Operations Advisor and the Principal
Cyber Advisor to the Secretary of Defense shall provide to the
congressional defense committees a briefing on the assessment
and plan.
(e) Implementation.--Not later than 180 days after the date
on which the briefing is provided under subsection (d), the
Secretary of Defense shall implement the optimization plan
under subsection (a).
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.
(a) Joint Information Operations Course.--The Secretary of
Defense shall develop and provide to members of the Army, Navy,
Air Force, Marine Corps, and Space Force a course to prepare
the members to plan and conduct information operations in a
joint environment pursuant to title 10, United States Code.
Such course shall include--
(1) standardized qualifications and procedures to
enable the joint and synchronized employment of
information-related capabilities in the information
environment;
(2) joint methods to implement information operations
in a battlefield environment under any ground force
chain of command; and
(3) a curriculum covering applicable assets, core
information operations concepts, integration of effects
with a specific focus on information-related effects,
operational methodology, multi-dimensional targeting
space, other information-related capabilities defined
by governing policy, instruction, publications, and
doctrine, and any other topics or areas determined
necessary by the Secretary.
(b) Consideration of Ongoing Efforts.--The Secretary shall
ensure that the course under subsection (a) is developed in
light of the information operations posture review, gap
analysis, strategy update, and designation of a Joint Force
Trainer, occurring as of the date of the enactment of this Act.
(c) Semiannual Reports.--Subsequent to the development of the
course under subsection (a), on a semiannual basis through
January 1, 2028, the Secretary shall submit to the
congressional defense committees a report on the course. Each
report shall include, with respect to the period covered by the
report--
(1) the number of members described in subsection (a)
who attended the course; and
(2) an assessment of the value of the course in--
(A) conducting joint operations in the
information environment; and
(B) the synchronized employment of
information-related capabilities in the
information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF JOINT LEXICON FOR TERMS RELATED TO INFORMATION
OPERATIONS.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of the
Secretary of Defense for the travel of persons, not more than
75 percent may be obligated or expended until the date on which
the Secretary submits to the Committees on Armed Services of
the House of Representatives and the Senate the joint lexicon
for terms related to information operations required by section
1631(g)(1)(D) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF
INFORMATION OPERATIONS STRATEGY AND POSTURE REVIEW.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense for the travel of persons, not more than 75 percent may
be obligated or expended until the date that is 15 days after
the date on which the Secretary of Defense submits to the
Committees on Armed Services of the Senate and the House of
Representatives the information operations strategy and posture
review, including the designation of Information Operations
Force Providers and Information Operations Joint Force Trainers
for the Department of Defense, as required by section 1631(g)
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 397 note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF ASSESSMENTS RELATING TO CYBERSECURITY OF THE
DEFENSE INDUSTRIAL BASE.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023
for operation and maintenance, Defense-wide, and available for
the Office of the Secretary of Defense, not more than 75
percent may be obligated or expended until the Deputy Secretary
of Defense--
(1) conducts the assessments under subsection (b);
and
(2) provides to the congressional defense committees
the briefing under subsection (c).
(b) Assessments.--The Deputy Secretary shall conduct the
following assessments:
(1) An assessment of the framework for cybersecurity
of the defense industrial base required by section 1648
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note) to
determine whether--
(A) the current framework and plans for
defense industrial base cybersecurity are
sufficient; and
(B) alternative or additional courses of
action should be considered or adopted,
including--
(i) establishing a secure software
development environment in a cloud
environment inside the cybersecurity
perimeter of the Department for
contractors to perform their
development work;
(ii) establishing a secure cloud
environment through which contractors
may access the data of the Department
needed for their contract work;
(iii) enabling contractors to access
cybersecurity-as-a-service offerings,
including cybersecurity services
provided by the Department;
(iv) limiting the amount of program
information held at tiers of
subcontractors to that which is
necessary for contract performance; and
(v) mechanisms and processes to
rationalize and integrate the many
separately managed defense industrial
base cybersecurity programs and
activities conducted across the
Department of Defense.
(2) An assessment of past and future planned
activities of the Department of Defense in furtherance
of section 1724 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 10 U.S.C. 2224), including a
detailed review of roles and responsibilities, and
supporting instructions and policy documents, for the
Principal Cyber Advisor of the Department of Defense,
the Chief Information Officer of the Department of
Defense, the Under Secretary of Defense for Acquisition
and Sustainment, the Under Secretary of Defense for
Policy, and the Under Secretary of Defense for
Intelligence and Security, and the Under Secretary of
Defense (Comptroller).
(c) Briefing.--The Deputy Secretary shall provide to the
congressional defense committees a briefing on the assessments
conducted under subsection (b) and any decisions of and
directions by the Deputy Secretary for improving the
cybersecurity of the defense industrial base.
Subtitle C--Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, is amended by
inserting after section 1124 the following new section:
``Sec. 1124a. Cyber operations-peculiar awards
``(a) Authority.--The Secretary of Defense and the
Secretaries of the military departments may authorize the
payment of a cash award to, and incur necessary expense for the
honorary recognition of, a member of the covered armed forces
whose novel actions, invention, or technical achievement
enables or ensures operational outcomes in or through
cyberspace against threats to national security.
``(b) Actions During Service.--An award under this section
may be paid notwithstanding the member's death, separation, or
retirement from the covered armed forces. However, the novel
action, invention, or technical achievement forming the basis
for the award must have been made while the member was on
active duty or in an active reserve status and not otherwise
eligible for an award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary
recognition of, members of the covered armed forces under this
section may be paid from--
``(1) the funds or appropriations available to the
activity primarily benefiting from the novel action,
invention, or technical achievement; or
``(2) the several funds or appropriations of the
various activities benefiting from the novel action,
invention, or technical achievement.
``(d) Amounts.--The total amount of the award, or awards,
made under this section for a novel action, invention, or
technical achievement may not exceed $2,500, regardless of the
number of persons who may be entitled to share therein.
``(e) Regulations.--Awards under this section shall be made
under regulations to be prescribed by the Secretary of Defense
or by the Secretaries of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the
term `covered armed forces' means the Army, Navy, Air Force,
Marine Corps, and Space Force.''.
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND RATING FOR
THE NAVY.
(a) Military Career Field.--
(1) Officers.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the
Navy, in coordination with the Chief of Naval
Operations, shall establish a cyber warfare operations
designator for officers (including an intended billet
base, functions, and training pipeline), which shall be
a separate designator from the cryptologic warfare
officer designator.
(2) Enlisted.--Not later than 90 days after the date
of the enactment of this Act, the Secretary, in
coordination with the Chief, shall establish a cyber
warfare rating for enlisted personnel (including an
intended billet base, functions, and training
pipeline), which shall be a separate rating from the
cryptologic technician enlisted rating.
(3) Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, in
coordination with the Chief, shall submit to the
Committees on Armed Services of the House of
Representatives and the Senate an implementation plan
to carry out paragraphs (1) and (2).
(b) Requirement.--
(1) Deadline.--Except as provided by paragraphs (2)
and (3), the Secretary shall ensure that, beginning
October 1, 2025, members of the Navy assigned to the
cyber mission force shall be qualified with either the
designator or rating established under subsection (a),
as the case may be.
(2) Exception.--The requirement under paragraph (1)
shall not apply to--
(A) a member of the Navy who is assigned to
the cyber mission force under orders issued
before October 1, 2025; or
(B) a position whose primary function is the
provision of intelligence, foreign language, or
administrative support to the cyber mission
force.
(3) Waiver.--The Secretary may waive, on a case-by-
case basis, the requirement under paragraph (1), except
that the total number of such waivers made during a
fiscal year may not exceed 10 percent of the total
number of members of the Navy assigned to the cyber
mission force (not counting members assigned to a
position described in paragraph (2)(B)).
(c) Reserve Matters.--Not later than 180 days after the date
of the enactment of this Act, the Secretary, in coordination
with the Chief, shall direct the Chief of Navy Reserve to
establish, and retain, a cadre of members of the Navy Reserve
with the designator and rating established under subsection
(a).
(d) Officer Qualifications and Training.--The Secretary, in
coordination with the Chief of Naval Operations and in
consultation with the Commander of the United States Cyber
Command, shall ensure that the designator established under
subsection (a)(1) includes the development and execution of a
training curriculum and qualification standards commensurate
with those of the cyber officers of the Army and the Air Force.
(e) Community Management.--Not later than 270 days after the
date of the enactment of this Act, the Secretary, acting
through the Principal Cyber Advisor of the Navy, shall submit
to the congressional defense committees, and provide to such
committees a briefing on, the findings of a study on whether
the designator and rating established under subsection (a),
along with the Maritime Space Officer and the Cyberspace
Warfare Engineer, should continue to be considered part of the
information warfare community.
(f) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and Senate a report certifying that the following actions have
been carried out or are in the process of being completed
(including detailed explanations):
(1) An identification by the Chief of Naval
Operations of the resource manager within the Office of
the Chief of Naval Operations for the designator and
rating established under subsection (a).
(2) An identification by the Chief of the type
command at United States Fleet Forces Command
responsible for manning and training the designator and
rating established under subsection (a).
(3) An inventory of those billets within the Cyber
Mission Force, or any other service or joint assignment
that requires personnel (both officer and enlisted) to
conduct operations through cyberspace.
(4) An inventory and position description of the
those positions within the Cyber Mission Force that
have been identified under subsection (b)(2)(B).
(5) A funding profile detailing the complete costs
associated with the designator and rating established
under subsection (a), including costs associated with
meeting the training requirements of the United States
Cyber Command for the period covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(6) An inventory of all flag officer positions at
joint and naval components and commands conducting or
managing cyberspace operations and activities,
including with respect to--
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for
Information Warfare and the Director of Naval
Intelligence; and
(F) Naval Information Forces.
(7) An update to the plan required under subsection
(a)(3), including timelines and procedures, for filling
the positions within the cyber mission force for which
the Secretary is responsible.
(8) Any anticipated changes to the end-strength of
the Navy by reason of establishing the designator and
rating under subsection (a).
(9) The implementation of the designator and rating
established under subsection (a) within the Navy
Reserve.
(10) The development and execution of the training
curriculum and qualification standards under subsection
(d).
(g) Leadership Qualifications.--The Secretary shall ensure
that flag officers with the cyber warfare operations designator
established under subsection (a) are primarily employed in
billets identified under subsection (f)(6).
(h) Determination by Cyber Command.--Not later than 60 days
after the date on which the Secretary submits the report under
subsection (f), the Commander of the United States Cyber
Command shall submit to the Committees on Armed Services of the
House of Representatives and Senate a determination with
respect to whether the matters contained in the report satisfy
the requirements of the United States Cyber Command.
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBERSPACE OPERATIONS FORCES.
(a) Study.--
(1) Requirement.--Not later than June 1, 2024, the
Secretary of Defense shall complete a study on the
responsibilities of the military services for
organizing, training, and presenting the total force to
United States Cyber Command.
(2) Elements.--The study under paragraph (1) shall
assess the following:
(A) Which military services should man,
train, equip, and organize the forces necessary
to execute the functions and missions of the
Cyber Mission Force and the Cyberspace
Operations Forces for assignment, allocation,
and apportionment to, or under the directive
authority of, the United States Cyber Command.
(B) The sufficiency of the military service
accession and training model to provide forces
to the Cyberspace Operations Forces and the
sufficiency of the accessions and personnel
resourcing of the supporting command and
control staffs necessary as a component to the
United States Cyber Command.
(C) The organization of the Cyber Mission
Forces and whether the total forces or elements
of the forces function best as a collection of
independent teams or through a different model.
(D) How to correct chronic shortages of
proficient personnel in key work roles.
(E) The need for additional work roles or
skills to enable effective infrastructure
management and generate access to targets.
(F) What unique or training-intensive
expertise is required for each of the work
roles identified in subparagraph (E) and
whether native talents to master unique and
training-intensive work roles can be identified
and how personnel with those talents can be
developed, retained, and employed across the
active and reserve components.
(G) The appropriate pay scales, rotation or
force management policies, career paths and
progression, expertise-based grading, talent
management practices, and training for each of
those work roles, given expected operational
requirements.
(H) Whether a single military service should
be responsible for basic, intermediate, and
advanced training for the Cyber Mission Force.
(I) The level of training required before an
individual should be assigned, allocated, or
apportioned to the United States Cyber Command.
(J) Whether or how the duties of the Director
of the National Security Agency and the duties
of the Commander of United States Cyber
Command, resting with a single individual,
enable each respective organization, and
whether technical directors and intelligence
experts of the National Security Agency should
serve rotations in the Cyber Mission Force.
(K) How nonmilitary personnel, such as
civilian government employees, contracted
experts, commercial partners, and domain or
technology-specific experts in industry or the
intelligence community can serve in, augment,
or support Cyber Mission Force teams.
(L) What work roles in the Cyberspace
Operations Forces can only be filled by
military personnel, which work roles can be
filled by civilian employees or contractors,
and which work roles should be filled partially
or fully by civilians due to the need for
longevity of service to achieve required skill
levels or retention rates.
(M) How specialized cyber experience,
developed and maintained in the reserve
component, can be more effectively leveraged to
support the Cyberspace Operations Forces
through innovative force generation models.
(N) Whether the Department of Defense should
create a separate service to perform the
functions and missions currently performed by
Cyber Mission Force units generated by multiple
military services.
(O) Whether the Department of Defense is
maximizing partnerships with industry and other
nontraditional sources of expertise and
capacity in the areas of critical
infrastructure protection and information
sharing.
(P) Whether the Defense Readiness Reporting
System of the Department of Defense is
sufficient to capture Cyber Mission Force
readiness metrics.
(3) Considerations.--The study required by paragraph
(1) shall consider existing models for total force
generation practices and programs, as well as
nontraditional and creative alternatives.
(b) Recommendations.--
(1) In general.--Not later than June 1, 2024, the
Principal Cyber Advisor of the Department of Defense
and the Commander of the United States Cyber Command
shall submit to the Secretary of Defense one or more
recommendations, respectively, as to the future total
force generation model for both the Cyber Mission Force
and the Cyberspace Operations Forces.
(2) Matters addressed.--The recommendations under
paragraph (1) shall address, at a minimum, each of the
elements identified in subsection (a)(2).
(c) Establishment of a Revised Model Required.--
(1) In general.--Not later than December 31, 2024,
the Secretary of Defense shall establish a revised
total force generation model for the Cyberspace
Operations Forces.
(2) Elements.--In establishing a revised total force
generation model under paragraph (1), the Secretary
shall explicitly determine the following:
(A) Whether the Navy should no longer be
responsible for developing and presenting
forces to the United States Cyber Command as
part of the Cyber Mission Force or Cyberspace
Operations Forces, including recommendations
for corresponding transfer of responsibilities
and associated resources and personnel for the
existing and future year programmed Cyberspace
Operations Forces or Cyber Mission Force
resources.
(B) Whether a single military service should
be responsible for organizing, training, and
equipping the Cyberspace Operations Forces, or
if different services should be responsible for
different components of the Cyberspace
Operations Forces.
(C) Whether modification of United States
Cyber Command enhanced budget control
authorities are necessary to further improve
total force generation for Cyberspace
Operations Forces.
(D) Implications of low service retention
rates for critical roles within the Cyber
Mission Force, and the mix of actions necessary
to correct them, including multiple rotations
in critical work roles, length of service
commitments, repeat tours within the Cyber
Mission Force, retention incentives across the
entire Cyberspace Operations Forces, and best
practices for generating the future force.
(d) Implementation Plan.--Not later than June 1, 2025, the
Secretary shall submit to the congressional defense committees
an implementation plan for effecting the revised total force
generation model required under subsection (c).
(e) Progress Briefing.--Not later than 90 days after the date
of the enactment of this Act, and not less frequently than once
every 180 days thereafter until receipt of the plan required by
subsection (d), the Secretary shall provide the congressional
defense committees with a briefing on the progress made in
carrying out this section.
(f) Additional Considerations.--The Secretary shall ensure
that subsections (a) through (c) are carried out with
consideration to matters relating to the following:
(1) The cybersecurity service providers, local
defenders, and information technology personnel who
own, operate, and defend the information networks of
the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to
include infrastructure management.
(3) Providing intelligence support to the Cyberspace
Operations Forces.
(4) The resources, including billets, needed to
account for any recommended changes.
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS SHORTFALLS.
(a) Plan and Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
Secretaries of the military departments shall jointly--
(1) develop a near-term plan to correct readiness
shortfalls in the Cyber Mission Forces over the period
covered by the most recent future-years defense program
submitted to Congress under section 221 of title 10,
United States Code;
(2) develop recommendations for such legislative
action as the Secretary of Defense, the Chairman, and
the Secretaries of the military departments jointly
consider appropriate to correct the readiness
shortfalls described in paragraph (1); and
(3) provide to the congressional defense committees a
briefing on the plan under paragraph (1) and the
recommendations under paragraph (2).
(b) Implementation.--Not later than 30 days after the date of
the briefing provided under paragraph (3) of subsection (a),
the Secretary of Defense and the Chairman shall commence
implementation of the aspects of the plan developed under
paragraph (1) of such subsection that are not dependent upon
legislative action.
(c) Matters to Be Addressed.--In developing the plan under
paragraph (1) of subsection (a), the Secretary of Defense, the
Chairman, and the Secretaries of the military departments shall
consider and explicitly address through analysis the following
potential courses of action, singly and in combination, to
increase the availability of personnel in key work roles:
(1) Determining the correct number of personnel
necessary to fill key work roles, including the proper
force mix of civilian, military, and contractor
personnel, and the means necessary to meet those
requirements.
(2) Employing civilians rather than military
personnel in key work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive
authorities, including increasing bonuses and special
pays, and alternative compensation mechanisms.
(6) Modifying career paths and service policies to
permit consecutive assignments in key work roles
without jeopardizing promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role
training.
(8) Standardizing compensation models across the
services.
(9) Requiring multiple rotations within the Cyber
Mission Forces for key work roles.
(10) Adopting and implementing what are known as
``rank in person'' policies that enable civilian
personnel to be promoted on the basis of skills and
abilities demonstrated in a given position.
(11) A review of departmental guidance and processes
consistent with section 167b(d)(2)(A)(x) of title 10,
United States Code, with respect to the authority of
the Commander of United States Cyber Command to monitor
the promotions of certain cyber operations forces and
coordinate with the Secretaries regarding the
assignment, retention, training, professional military
education, and special and incentive pays of certain
cyber operations forces, including--
(A) the recruiting, retention, professional
military education, and promotion of certain
cyber operations personnel;
(B) the sharing of personnel data between the
military departments and the United States
Cyber Command; and
(C) structures, departmental guidance, and
processes developed between the military
departments and the United States Special
Operations Command with respect to the
authority of the Commander of the United States
Special Operations Command described in section
167(e)(2)(J) of title 10, United States Code,
that could be used as a model for the United
States Cyber Command.
(d) Key Work Roles Defined.--In this section, the term ``key
work roles'' means work roles that consist of access
development, tool development, and exploitation analysis.
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security
and the Director of the Office of Personnel and
Management, shall establish a program to provide
financial support for pursuit of programs of education
at institutions of high education in covered
disciplines.
(2) Covered disciplines.--For purposes of the
Program, a covered discipline is a discipline that the
Secretary of Defense determines is critically needed
and is cyber- or digital technology-related, including
the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data
management, and digital engineering, including
artificial intelligence and machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or
supporting functions as the Secretary of
Defense considers appropriate.
(3) Designation.--The program established under
paragraph (1) shall be known as the ``Department of
Defense Cyber and Digital Service Academy'' (in this
section referred to as the ``Program'').
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of
higher education to students who are enrolled in
programs of education at such institutions leading to
degrees or specialized program certifications in
covered disciplines; and
(2) prioritize the placement of scholarship
recipients fulfilling the post-award employment
obligation under this section.
(c) Scholarship Amounts.--
(1) Amount of assistance.--(A) Each scholarship under
the Program shall be in such amount as the Secretary
determines necessary--
(i) to pay all educational expenses incurred
by that person, including tuition, fees, cost
of books, and laboratory expenses, for the
pursuit of the program of education for which
the assistance is provided under the Program;
and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are
limited to those educational expenses normally incurred
by students at the institution of higher education
involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be
provided to support internship activities of the person
in the Department of Defense and combat support
agencies in periods between the academic years leading
to the degree or specialized program certification for
which assistance is provided the person under the
Program.
(3) Period of support.--Each scholarship under the
Program shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating
financial need, as determined by the Secretary, may be
provided with an additional stipend under the Program.
(d) Post-award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under the
Program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree or
specialized program certification, in the cyber- and digital
technology-related missions of the Department, in accordance
with the terms and conditions specified by the Secretary in
regulations the Secretary shall promulgate to carry out this
subsection.
(e) Hiring Authority.--In carrying out this section,
specifically with respect to enforcing the obligations and
conditions of employment under subsection (d), the Secretary
may use any authority otherwise available to the Secretary for
the recruitment, employment, and retention of civilian
personnel within the Department, including authority under
section 1599f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship
under the Program, an individual shall--
(1) be a citizen or lawful permanent resident of the
United States;
(2) demonstrate a commitment to a career in improving
the security of information technology or advancing the
development and application of digital technology;
(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined
by the national cybersecurity awareness and education
program under section 303 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7443);
(4) be a full-time student, or have been accepted as
a full-time student, in a program leading to a degree
or specialized program certification in a covered
discipline at an institution of higher education;
(5) enter into an agreement accepting and
acknowledging the post award employment obligations,
pursuant to section (d);
(6) accept and acknowledge the conditions of support
under section (g); and
(7) meet such other requirements for a scholarship as
determined appropriate by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a
scholarship under this section, a recipient shall agree
to provide the Office of Personnel Management (in
coordination with the Department of Defense) and the
institutions of higher education described in
subsection (a)(1) with annual verifiable documentation
of post-award employment and up-to-date contact
information.
(2) Terms.--A scholarship recipient under the Program
shall be liable to the United States as provided in
subsection (i) if the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution
of higher education, as determined by the
Secretary;
(B) is dismissed from the applicable
institution of higher education for
disciplinary reasons;
(C) withdraws from the eligible degree
program before completing the Program;
(D) declares that the individual does not
intend to fulfill the post-award employment
obligation under this section;
(E) fails to maintain or fulfill any of the
post-graduation or post-award obligations or
requirements of the individual; or
(F) fails to fulfill the requirements of
paragraph (1).
(h) Monitoring Compliance.--As a condition of participating
in the Program, an institution of higher education shall--
(1) enter into an agreement with the Secretary to
monitor the compliance of scholarship recipients with
respect to their post-award employment obligations; and
(2) provide to the Secretary and the Director of the
Office of Personnel Management, on an annual basis, the
post-award employment documentation required under
subsection (g)(1) for scholarship recipients through
the completion of their post-award employment
obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the
completion of 1 year of a post-award employment
obligation under the Program, the total amount of
scholarship awards received by the individual under the
Program shall be considered a debt to the Government
and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection
(g)(2) occurs after the completion of 1 or more years
of a post-award employment obligation under the
Program, the total amount of scholarship awards
received by the individual under the Program, reduced
by the ratio of the number of years of service
completed divided by the number of years of service
required, shall be considered a debt to the Government
and repaid in accordance with subsection (j).
(j) Repayments.--A debt described subsection (i) shall be
subject to repayment, together with interest thereon accruing
from the date of the scholarship award, in accordance with
terms and conditions specified by the Secretary in regulations
promulgated to carry out this subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship
recipient is required to repay the scholarship award
under the Program, the institution of higher education
providing the scholarship shall--
(A) determine the repayment amounts and
notify the recipient, the Secretary, and the
Director of the Office of Personnel Management
of the amounts owed; and
(B) collect the repayment amounts within a
period of time as determined by the Secretary.
(2) Returned to treasury.--Except as provided in
paragraph (3), any repayment under this subsection
shall be returned to the Treasury of the United States.
(3) Retain percentage.--An institution of higher
education may retain a percentage of any repayment the
institution collects under this subsection to defray
administrative costs associated with the collection.
The Secretary shall establish a single, fixed
percentage that will apply to all eligible entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with
the Director of the Office of Personnel Management,
shall periodically evaluate and make public, in a
manner that protects the personally identifiable
information of scholarship recipients, information on
the success of recruiting individuals for scholarships
under the Program and on hiring and retaining those
individuals in the Department of Defense workforce,
including information on--
(A) placement rates;
(B) where students are placed, including job
titles and descriptions;
(C) salary ranges for students not released
from obligations under this section;
(D) how long after graduation students are
placed;
(E) how long students stay in the positions
they enter upon graduation;
(F) how many students are released from
obligations; and
(G) what, if any, remedial training is
required.
(2) Reports.--The Secretary, in consultation with the
Office of Personnel Management, shall submit, not less
frequently than once every two years, to Congress a
report, including--
(A) the results of the evaluation under
paragraph (1);
(B) the disparity in any reporting between
scholarship recipients and their respective
institutions of higher education; and
(C) any recent statistics regarding the size,
composition, and educational requirements of
the relevant Department of Defense workforce.
(3) Resources.--The Secretary, in coordination with
the Director of the Office of Personnel Management,
shall provide consolidated and user-friendly online
resources for prospective scholarship recipients,
including, to the extent practicable--
(A) searchable, up-to-date, and accurate
information about participating institutions of
higher education and job opportunities relating
to covered disciplines; and
(B) a modernized description of careers in
covered disciplines.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the
amount available for financial assistance under this
section for a fiscal year shall be available only for
providing financial assistance for the pursuit of
programs of education referred to in subsection (b)(1)
at institutions of higher education that have
established, improved, or are administering programs of
education in disciplines under the grant program
established in section 2200b of title 10, United States
Code, as determined by the Secretary.
(2) Associate degrees.--Not less than five percent of
the amount available for financial assistance under
this section for a fiscal year shall be available for
providing financial assistance for the pursuit of an
associate degree at an institution described in
paragraph (1).
(n) Board of Directors.--In order to help identify workforce
needs and trends relevant to the Program, the Secretary may
establish a board of directors for the Program that consists of
representatives of Federal departments and agencies.
(o) Commencement of Program.--The Secretary shall commence
the Program as early as practicable, with the first
scholarships awarded under the Program for the academic year
beginning no later than the fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN CAREER PATH
STUDY.
(a) Report.--
(1) Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Navy shall submit to the congressional defense
committees a report on the recommendations made in the
report submitted to the congressional defense
committees under section 1653(a)(2) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1763) relating to improving cyber
career paths in the Navy.
(2) Contents.--The report under paragraph (1) shall
include the following:
(A) A description of each recommendation
described in such paragraph that has already
been implemented.
(B) A description of each recommendation
described in such paragraph that the Secretary
has commenced implementing, including a
justification for determining to commence
implementing the recommendation.
(C) A description of each recommendation
described in such paragraph that the Secretary
has not implemented or commenced implementing
and a determination as to whether or not to
implement the recommendation.
(D) For each recommendation under
subparagraph (C) that the Secretary determines
to implement--
(i) a timeline for implementation;
(ii) a description of any additional
resources or authorities required for
implementation; and
(iii) the plan for implementation.
(E) For each recommendation under
subparagraph (C) that the Secretary determines
not to implement, a justification for the
determination not to implement.
(3) Format.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(b) Review by Comptroller General of the United States.--
(1) Review.--Not later than 180 days after the date
on which the Secretary submits the report under
subsection (a), the Comptroller General of the United
States shall conduct a review of such report.
(2) Elements.--The review under paragraph (1) shall
include an assessment of the following:
(A) The extent to which the Secretary has
implemented the recommendations described in
subsection (a)(1).
(B) Additional recommended actions for the
Secretary to take to improve the readiness and
retention of the cyber workforce of the Navy.
(3) Interim briefing.--Not later than 90 days after
the date on which the Secretary submits the report
under subsection (a), the Comptroller General shall
provide to the congressional defense committees a
briefing on the preliminary findings of the Comptroller
General with respect to the review conducted under
paragraph (1).
(4) Final report.--The Comptroller General shall
submit to the congressional defense committees a report
on the findings of the Comptroller General with respect
to the review under paragraph (1) at such time and in
such format as is mutually agreed upon by the
committees and the Comptroller General at the time of
the briefing under paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND
MANNING ELEMENTS OF JOINT FORCE HEADQUARTERS-CYBER
ORGANIZATIONS, JOINT MISSION OPERATIONS CENTERS,
AND CYBER OPERATIONS-INTEGRATED PLANNING ELEMENTS.
(a) Study.--
(1) Requirement.--The Principal Cyber Advisor of the
Department of Defense, in coordination with the
commanders of the combatant commands, shall conduct a
study to determine the optimal strategy for structuring
and manning elements of the following:
(A) Joint Force Headquarters Cyber
Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning
Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study under paragraph (1) shall
include an assessment of each of the following:
(A) Operational effects on the military
services if each of the entities listed in
subparagraphs (A) through (C) of paragraph (1)
are restructured from organizations that are
components of the military services to joint
organizations.
(B) Existing barriers or impediments to
designate positions within each of the entities
listed in such subparagraphs (A), (B), and (C)
as joint billets for joint qualification
purposes.
(C) Operational and organizational effects on
the military services, the United States Cyber
Command, other combatant commands, and the
Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1)
are realigned, restructured, or consolidated.
(D) Operational and organizational effects
and advisement of standardizing a minimum set
of roles and responsibilities of the Joint
Cyber Centers, or the equivalent entity, of the
combatant commands.
(E) Clarification of the relationship and
differentiation between Cyber Operations-
Integrated Planning Elements and Joint Cyber
Centers of the combatant commands.
(F) A complete inventory of mission essential
tasks for the entities listed in such
subparagraphs (A) through (D).
(G) A description of cyber activities in
geographic and functional combatant command
campaign plans and resources aligned to those
activities.
(b) Briefings.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every
120 days until March 31, 2024, the Principal Cyber Advisor of
the Department shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the status of the study under subsection (a).
(c) Report.--
(1) Requirement.--Not later than March 31, 2024, the
Principal Cyber Advisor of the Department shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a report on the study
under subsection (a).
(2) Contents.--The report under paragraph (1) shall
contain the following:
(A) The findings of the Principal Cyber
Advisor with respect to the study under
subsection (a).
(B) Details of the operational and
organizational effects assessed under paragraph
(2) of such subsection.
(C) A plan to carry out the transfer
described in subparagraph (B) of such paragraph
and the associated costs, as appropriate.
(D) A plan to realign, restructure, or
consolidate the entities listed in
subparagraphs (A) through (D) of subsection
(a)(1).
(E) Such other matters as the Principal Cyber
Advisor considers appropriate.
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 210 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Chief of Space Operations, shall submit
to the congressional defense committees a review of the manning
required to fully staff the current and planned cyber squadrons
of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall
include considerations of the following:
(A) The specific sourcing of existing billets
of the Space Force optimally postured for
transfer to cyber squadrons.
(B) The administrative processes required to
shift billets and existing funding to cyber
squadrons.
(C) The responsibilities and functions
performed by military personnel and civilian
personnel.
(D) The benefits and risks to the Space Force
approach of transferring billets to cyber
squadrons.
(2) Roadmap.--The review under subsection (a) shall
include a transition roadmap that outlines a
comprehensive transition for the transfer of billets
described in paragraph (1) by not later than September
30, 2024.
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFFING LEVELS OF OFFICE
OF THE CHIEF INFORMATION OFFICER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with an appropriate non-Department
of Defense entity for the conduct of a comprehensive review of
the posture and adequacy of the staffing levels of the Office
of the Chief Information Officer of the Department of Defense,
as of the date of the enactment of this Act.
(b) Matters for Consideration.--An agreement under subsection
(a) shall specify that the review conducted under the agreement
shall include the evaluation of each of the following:
(1) Any limitations or constraints of the Office of
the Chief Information Officer in performing the
entirety of the responsibilities specified in section
142(b) of title 10, United States Code, and
responsibilities assigned by the Secretary of Defense,
based on the staffing levels of the Office as of the
date of the enactment of this Act.
(2) The composition of civilian, military, and
contractor personnel assigned to the Office of the
Chief Information Officer, as of such date, including
the occupational series and military occupational
specialties of such personnel, relative to the
responsibilities specified in paragraph (1).
(3) The organizational construct of the Office of the
Chief Information Officer, as of such date.
(c) Recommendations.--An agreement under subsection (a) shall
specify that the review conducted under the agreement shall
include recommendations for the Chief Information Officer and
the congressional defense committees, including recommendations
derived from the matters for consideration specified under
subsection (b).
(d) Submission.--Not later than 30 days after the date of the
completion of the review under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees a
copy of the review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY RESERVE FOR
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a nonprofit entity or a federally
funded research and development center with expertise in
cybersecurity and workforce management to conduct an assessment
of the feasibility and advisability of creating and maintaining
a civilian cybersecurity reserve corps to enable the Department
of Defense and military services to provide qualified civilian
manpower to the Department of Defense to effectively respond to
significant cyber incidents or to assist in solving other
exceptionally difficult cyber workforce-related challenges.
(b) Consideration of Prior Report.--
(1) In general.--In conducting the assessment
required by subsection (a), the entity or center shall
take into consideration the results of the evaluation
of nontraditional cyber support to the Department of
Defense required by section 1730 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
(2) Limitation on availability of funds pending
submission of report.--Of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2023 for the Under Secretary of Defense
for Policy, not more than 75 percent may be obligated
or expended until the date on which the Principal Cyber
Advisor submits the report referenced in paragraph (1).
(c) Elements.--The assessment conducted under subsection (a)
shall include analysis of the following matters:
(1) The feasibility of the concept of a civilian
cybersecurity reserve program, including an analysis of
the available talent pool, potential impact on
employers, and propensity to serve.
(2) The likelihood of utilizing civilian
cybersecurity reservists to augment the existing
Department of Defense workforce, including an
assessment of the duration of periods of activation.
(3) The result of outreach conducted with industry
and State and Federal Government agencies employing
individuals likely to meet qualification criteria for
service in such a program.
(4) The necessity for participants to access
classified information, and the need to maintain
appropriate security clearances as a participant in the
program, including while not in Federal service.
(5) Appropriate compensation and benefits for members
of such a program.
(6) Activities that members may undertake as part of
their duties.
(7) Methods for identifying and recruiting members,
including alternative methods to traditional
qualifications requirements.
(8) Methods for preventing conflicts of interest or
other ethical concerns as a result of participation in
such a program.
(9) Resources, including funding levels, necessary to
carry out such a program.
(10) Potential penalties or other adverse action
taken against individuals who do not respond to
activation when called.
(11) Any other matters the Secretary considers
relevant for the purpose of this assessment.
(d) Reports.--
(1) In general.--Not later than 270 days after the
date on which the Secretary enters into the agreement
described in subsection (a), such entity or center
shall submit to the Secretary a report on the results
of the research and analysis under such subsection.
(2) Submission to congress.--Not later than one year
after the date of enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives
each of the following:
(A) A copy of the report submitted under
paragraph (1) without change.
(B) Any comments, changes, recommendations,
or other information provided by the Secretary
of Defense relating to the research and
analysis conducted under subsection (a) and
contained in such report, including a specific
recommendation on whether a civilian
cybersecurity reserve should be established, as
described in such subsection, or with
modification.
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Chief Information Officer of the
Department of Defense and the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Chief Digital
and Artificial Intelligence Officer and the Principal Cyber
Advisor of the Department, shall conduct a comprehensive review
of the Cyber Excepted Service established pursuant to section
1599f of title 10, United States Code.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An assessment of barriers to participation in
Cyber Excepted Service positions, including--
(A) criteria for eligibility of potential
Department of Defense components and entities
for participation in the Cyber Excepted
Service;
(B) potential and structural limitations of
the Cyber Excepted Service, including
impediments to mobility or advancement by
civilian employees currently in billets coded
for Cyber Excepted Service;
(C) challenges to transition between
competitive and excepted service;
(D) matters relating to pay disparity and
challenges with compensation relative to the
skill sets and value of such civilian employees
in the private sector;
(E) differences between compensation,
incentives, benefits, and access to career-
broadening experiences;
(F) the eligibility for participation in the
Cyber Excepted Service of civilian employees
who are assigned to the Office of the Chief
Digital and Artificial Intelligence Officer;
(G) the current and necessary mechanisms to
deconflict occasions when individuals can be
considered eligible for two or more excepted
service systems; and
(H) any other barriers as determined by the
Secretary.
(2) An evaluation of the process used in accepting
applications, assessing candidates, and the process for
and effect of adhering to provisions of law
establishing preferences for hiring eligible veterans,
and selecting applicants for vacancies to be filled by
an individual for a Cyber Excepted Service position.
(3) An evaluation of current efforts to recruit and
retain employees in Cyber Excepted Service positions.
(4) A description of current performance metrics used
in evaluating the Cyber Excepted Service.
(5) An assessment of how current efforts to develop,
sustain, and improve the Cyber Excepted Service are
integrated into the strategic workforce planning of the
Department.
(6) Current metrics for--
(A) the number of employees in Cyber Excepted
Service positions, disaggregated by occupation,
grade, and level or pay band;
(B) the placement of employees in Cyber
Excepted Service positions, disaggregated by
military department, Defense agency, or other
component within the Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in
Cyber Excepted Service positions, disaggregated
by occupation, grade, and level or pay band;
(E) the number of retirements of employees in
Cyber Excepted Service positions, disaggregated
by occupation, grade, and level or pay band;
(F) the number and amounts of recruitment,
relocation, and retention incentives paid to
employees in Cyber Excepted Service positions,
disaggregated by occupation, grade, and level
or pay band; and
(G) the number of employees who declined
transition to qualified Cyber Excepted Service
positions.
(7) An assessment of the training provided to
supervisors of employees in Cyber Excepted Service
positions on the use of the new authorities.
(8) An assessment of the implementation of section
1599f(a)(1)(A) of title 10, United States Code,
including--
(A) how each military department, Defense
agency, or other component within the
Department is incorporating or intends to
incorporate Cyber Excepted Service personnel in
their cyber mission workforce; and
(B) how the Cyber Excepted Service has
allowed each military department, Defense
agency, or other component within the
Department to establish, recruit and retain
personnel to fill cyber mission workforce
needs.
(9) Recommendations for the Secretary of Defense and
the congressional defense committees with respect to
the improvement of the Cyber Excepted Service,
including recommendations derived from the
consideration of the elements specified in paragraphs
(1) through (8).
(c) Submission.--Not later than 30 days after the completion
of the review under subsection (a), the Chief Information
Officer shall submit to the congressional defense committees a
copy of the review.
(d) Annual Update.--Not later than one year after the
submission of the review under subsection (c), and not less
frequently than once each year thereafter until September 30,
2028, the Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an update on progress
made in enacting recommendations identified pursuant to
paragraph (9) of subsection (b) and a detailed report on Cyber
Excepted Service positions during the most recent one-year
period, including--
(1) the metrics described in paragraph (6) of such
subsection;
(2) an updated assessment under paragraph (8) of such
subsection from the current reporting period;
(3) an updated assessment on the effect of section
1599f of title 10, United States Code, on the ability
of the Department to recruit, retain, and develop cyber
professionals in the Department over the current
reporting period;
(4) an updated assessment on the barriers to
participation described in paragraph (1) of subsection
(b) from the current reporting period;
(5) proposed modifications to the Cyber Excepted
Service; and
(6) such other matters as the Secretary considers
appropriate.
(e) Definitions.--In this section:
(1) The term ``Cyber Excepted Service'' consists of
those positions established under section
1599f(a)(1)(A) of title 10, United States Code.
(2) The term ``Cyber Excepted Service position''
means a position in the Cyber Excepted Service.
Subtitle D--Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND RELATED
INFORMATION WITH FOREIGN OPERATIONAL PARTNERS.
(a) Authorization.--Chapter 19 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners
``(a) Authority to Establish Pilot Program to Share Cyber
Capabilities.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide cyber
capabilities and related information developed or procured by
the Department of Defense to foreign countries or organizations
described in subsection (b) without compensation, to meet
operational imperatives if the Secretary of Defense determines
that the provision of such cyber capabilities is in the
national security interests of the United States.
``(b) List of Foreign Countries.--The Secretary of Defense,
with the concurrence of the Secretary of State, shall--
``(1) establish--
``(A) a list of foreign countries that the
Secretary of Defense considers suitable for
sharing of cyber capabilities and related
information under the authority established
under paragraph (a); and
``(B) criteria for establishing the list
under subparagraph (A);
``(2) not later than 14 days after establishing the
list required by paragraph (a), submit to the
appropriate committees of Congress such list; and
``(3) notify the appropriate committees of Congress
in writing of any changes to the list established under
clause (1) at least 14 days prior to the adoption of
any such changes.
``(c) Procedures.--Prior to the first use of the authority
provided by subsection (a), the Secretaries of Defense and
State shall--
``(1) establish and submit to the appropriate
committees of Congress procedures for a coordination
process for subsection (a) that is consistent with the
operational timelines required to support the national
security of the United States; and
``(2) notify the appropriate committees of Congress
in writing of any changes to the procedures established
under paragraph (1) at least 14 days prior to the
adoption of any such changes.
``(d) Notification Required.--(1) The Secretary of Defense
and Secretary of State jointly shall promptly submit to the
appropriate committees of Congress notice in writing of any use
of the authority provided by subsection (a) no later than 48
hours following the use of the authority.
``(2) Notification under paragraph (1) shall include a
certification that the provision of the cyber capabilities was
in the national security interests of the United States.
``(3) The notification under paragraph (1) shall include an
analysis of whether the transfer and the underlying operational
imperative could have been met using another authority.
``(e) Termination.--The authority established under paragraph
(a) shall terminate on the date that is 3 years after the date
on which this authority becomes law.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress'
means--
``(A) the congressional defense committees;
``(B) the Committee on Foreign Relations of
the Senate; and
``(C) Committee on Foreign Affairs of the
House of Representatives.
``(2) The term `cyber capability' means a device or
computer program, including any combination of
software, firmware, or hardware, designed to create an
effect in or through cyberspace.
``(g) Rule of Construction.--Nothing in this section shall be
construed as amending, diminishing, or otherwise impacting
reporting or other obligations under the War Powers
Resolution.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of such chapter is amended by adding at the end
the following new item:
``398. Pilot program for sharing cyber capabilities and related
information with foreign operational partners.''.
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION TECHNOLOGY
BUDGET DATA ANALYTICS.
(a) Demonstration Program.--
(1) Requirement.--Not later than February 1, 2024,
the Chief Information Officer of the Department of
Defense shall, in coordination with the Chief Digital
and Artificial Intelligence Officer, complete a pilot
program to demonstrate the application of advanced data
analytics to the fiscal year 2024 budget data of a
military department for the purpose of identifying
total cyber and information technology spending and the
distribution of such resources across budget line items
that are and are not identified, labeled, or
categorized in a manner that would indicate that funds
included in such line items will be expended on cyber
and information technology activities.
(2) Coordination with military departments.--In
carrying out the demonstration program under subsection
(a), the Chief Information Officer shall, in
coordination with the Secretary of the Air Force, the
Secretary of the Army, and the Secretary of the Navy,
select a military department for participation in the
demonstration program.
(b) Elements.--The demonstration program under subsection (a)
shall include--
(1) efforts to identify planned expenditures for
cyber and information technology that are not captured
in the total figures for cyber and information
technology reported annually to Congress in support of
the President's budget submission and in budget
documents and briefings to Congress on the cyber and
information technology programs and activities;
(2) efforts to improve transparency in cyber and
information technology budget information to identify
cyber and information technology activities funded out
of noncyber and noninformation technology budget lines,
including by the use of qualitative techniques such as
semantic analysis or natural language processing
technologies;
(3) metrics developed to assess the effectiveness of
the demonstration program;
(4) a cost tradeoff analysis of implementing these
cyber and information technology data analytics across
the entire budget of the Department of Defense;
(5) existing or planned efforts to use these data
analytics to make budget decisions; and
(6) existing or planned efforts to incorporate these
data analytics into materials presented to Congress
through the budget submission process.
(c) Briefing.--
(1) Initial briefing.--Not later than 120 days after
the date of the enactment of this Act, the Chief
Information Officer shall provide the Committees on
Armed Services of the Senate and the House of
Representatives a briefing on the plans and status of
the Chief Information Officer with respect to the
demonstration program under subsection (a).
(2) Final briefing.--Not later than March 1, 2024,
the Chief Information Officer shall provide the
Committees on Armed Services of the Senate and the
House of Representatives a briefing on the results and
findings of the Chief Information Officer with respect
to the demonstration program under subsection (a),
including the following:
(A) Recommendations for expansion of the
demonstration program to the entire cyber and
information technology budget of the
Department.
(B) Plans for incorporating data analytics
into the congressional budget submission
process for the cyber and information
technology budget of the Department.
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.
(a) Policy and Plan.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in
consultation with commercial industry, shall implement a policy
and plan for test and evaluation of the cybersecurity of the
clouds of commercial cloud service providers that provide, or
are intended to provide, storage or computing of classified
data of the Department of Defense.
(b) Contents.--The policy and plan under subsection (a) shall
include the following:
(1) A requirement that, beginning on the date of the
enactment of this Act, future contracts with cloud
service providers for storage or computing of
classified data of the Department include provisions
that permit the Secretary to conduct independent,
threat-realistic assessments of the commercial cloud
infrastructure, including with respect to--
(A) the storage, compute, and enabling
elements, including the control plane and
virtualization hypervisor for mission elements
of the Department supported by the cloud
provider; and
(B) the supporting systems used in the
fulfillment, facilitation, or operations
relating to the mission of the Department under
the contract, including the interfaces with
these systems.
(2) An explanation as to how the Secretary intends to
proceed on amending existing contracts with cloud
service providers to permit the same level of
assessments required for future contracts under
paragraph (1).
(3) Identification and description of any proposed
tiered test and evaluation requirements aligned with
different impact and classification levels.
(c) Waiver Authority.--The Secretary may include in the
policy and plan under subsection (a) an authority to waive any
requirement under subsection (b) if the waiver is jointly
approved by the Chief Information Officer of the Department of
Defense and the Director of Operational Test and Evaluation.
(d) Submission.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the policy and plan under subsection (a).
(e) Threat-realistic Assessment Defined.--In this section,
the term ``threat-realistic assessments'' means, with respect
to commercial cloud infrastructure, activities that--
(1) are designed to accurately emulate cyber threats
from advanced nation state adversaries, such as Russia
and China; and
(2) include cooperative penetration testing and no-
notice threat-emulation activities where personnel of
the Department of Defense attempt to penetrate and gain
control of the cloud-provider facilities, networks,
systems, and defenses associated with, or which enable,
the supported missions of the Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF
ARTIFICIAL INTELLIGENCE.
(a) Roadmap and Implementation Plan Required.--Not later than
270 days after the date of the enactment of this Act, the
Commander of the United States Cyber Command and the Chief
Information Officer of the Department of Defense, in
coordination with the Chief Digital and Artificial Intelligence
Officer of the Department, the Director of the Defense Advanced
Research Projects Agency, the Director of the National Security
Agency, and the Under Secretary of Defense for Research and
Engineering, shall jointly develop a five-year roadmap and
implementation plan for rapidly adopting and acquiring
artificial intelligence systems, applications, and supporting
data and data management processes for the Cyberspace
Operations Forces of the Department of Defense.
(b) Elements.--The roadmap and implementation plan required
by subsection (a) shall include the following:
(1) Identification and prioritization of artificial
intelligence systems, applications, data
identification, and processing to cyber missions within
the Department, and ameliorating threats to, and from,
artificial intelligence systems, including--
(A) advancing the cybersecurity of Department
systems with artificial intelligence;
(B) uses of artificial intelligence for cyber
effects operations;
(C) assessing and mitigating vulnerabilities
of artificial intelligence systems supporting
cybersecurity and cyber operations to attacks;
and
(D) defending against adversary artificial
intelligence-based cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain
the artificial intelligence systems, applications,
data, and processing identified in paragraph (1).
(3) Roles and responsibilities for the following for
adopting and acquiring artificial intelligence systems,
applications, and data to cyber missions within the
Department:
(A) The Commander of the United States Cyber
Command.
(B) The Commander of Joint-Force Headquarters
Department of Defense Information Networks.
(C) The Chief Information Officer of the
Department.
(D) The Chief Digital and Artificial
Intelligence Officer of the Department.
(E) The Under Secretary of Defense for
Research and Engineering.
(F) The Secretaries of the military
departments.
(G) The Director of the National Security
Agency.
(4) Identification of currently deployed, adopted,
and acquired artificial intelligence systems,
applications, ongoing prototypes, and data.
(5) Identification of current capability and skill
gaps that must be addressed prior to the development
and adoption of artificial intelligence applications
identified in paragraph (1).
(6) Identification of opportunities to solicit
operator utility feedback through inclusion into
research and development processes and wargaming or
experimentation events by developing a roadmap for such
processes and events, as well as a formalized process
for capturing and tracking lessons learned from such
events to inform the development community.
(7) Identification of long-term technology gaps for
fulfilling the Department's cyber warfighter mission to
be addressed by research relating to artificial
intelligence by the science and technology enterprise
within the Department.
(8) Definition of a maturity model describing desired
cyber capabilities, agnostic of the enabling technology
solutions, including phases in the maturity model or
identified milestones and clearly identified areas for
collaboration with relevant commercial off the shelf
and government off the shelf developers to address
requirements supporting capability gaps.
(9) Assessment, in partnership with the Director of
the Defense Intelligence Agency, of the threat posed by
adversaries' use of artificial intelligence to the
cyberspace operations and the security of the networks
and artificial intelligence systems of the Department
in the next five years, including a net technical
assessment of United States and adversary activities to
apply artificial intelligence to cyberspace operations,
and actions planned to address that threat.
(10) A detailed schedule with target milestones,
investments, and required expenditures.
(11) Interim and final metrics of adoption of
artificial intelligence for each activity identified in
the roadmap.
(12) Identification of such additional funding,
authorities, and policies as the Commander and the
Chief Information Officer jointly determine may be
required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) Synchronization.--The Commander and the Chief Information
Officer shall ensure that the roadmap and implementation plan
under subsection (a) are synchronized and coordinated to be
consistent with section 1509.
(d) Briefing.--Not later than 30 days after the date on which
the Commander and the Chief Information Officer complete
development of the roadmap and implementation plan under
subsection (a), the Commander and the Chief Information Officer
shall provide to the congressional defense committees a
classified briefing on the roadmap and implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION OF
RECOMMENDATIONS FROM DEFENSE SCIENCE BOARD CYBER
REPORT.
(a) Review.--
(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall complete a review of the findings and
recommendations presented in the June 2018 Defense
Science Board report titled ``Cyber as a Strategic
Capability''.
(2) Elements.--The review under paragraph (1) shall
include the following:
(A) Identification of, and description of
implementation for, recommendations that have
been implemented by the Secretary.
(B) Identification of recommendations that
have not yet been fully implemented by the
Secretary.
(C) Identification of the reasons why the
recommendations identified under subparagraph
(B) were not implemented.
(D) Identification of such legislative or
administrative action as the Secretary
determines necessary to implement the
recommendations identified under subparagraph
(B).
(b) Report.--
(1) Requirement.--Not later than 30 days after the
date on which the review is completed under paragraph
(1) of subsection (a), the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the review,
including a disclosure of the matters identified and
developed under paragraph (2) of such subsection.
(2) Form.--The report submitted under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL SECURITY
AGENCY AND UNITED STATES CYBER COMMAND.
(a) Annual Briefings Required.--Not later than March 1, 2023,
and not less frequently than once each year thereafter until
March 1, 2028, the Secretary of Defense shall provide the
congressional defense committees a briefing on the relationship
between the National Security Agency and United States Cyber
Command.
(b) Elements.--Each briefing provided under subsection (a)
shall include an annual assessment of the following:
(1) The resources, authorities, activities, missions,
facilities, and personnel used to conduct the relevant
missions at the National Security Agency as well as the
cyber offense and defense missions of United States
Cyber Command.
(2) The processes used to manage risk, balance
tradeoffs, and work with partners to execute
operations.
(3) An assessment of the operating environment and
the continuous need to balance tradeoffs to meet
mission necessity and effectiveness.
(4) An assessment of the operational effects
resulting from the relationship between the National
Security Agency and United States Cyber Command,
including a list of specific operations conducted over
the previous year that were enabled by or benefitted
from the relationship.
(5) Such other topics as the Director of the National
Security Agency and the Commander of United States
Cyber Command may consider appropriate.
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
(a) Review.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Principal Cyber Advisor of the Department of Defense and
the Principal Cyber Advisors of the military departments,
shall--
(1) review--
(A) the memorandum of the Secretary of
Defense dated December 12, 2019, concerning the
definition of the term ``Department of Defense
Cyberspace Operations Forces (DoD COF)''; and
(B) the responsibilities of the Commander of
the United States Cyber Command as the
Cyberspace Joint Force Provider and Cyberspace
Joint Force Trainer, with respect to forces
included and excluded from the Cyberspace
Operations Forces; and
(2) update such memorandum and, as appropriate,
update such responsibilities.
(b) Elements.--The review under subsection (a) shall include
the following:
(1) A comprehensive assessment of units and
components of the Department of Defense conducting
defensive cyberspace operations which are not currently
included in the definition specified in paragraph
(1)(A) of such subsection.
(2) Consideration of options for participation in the
Cyberspace Operations Forces by forces without regard
to whether the forces are included in such definition,
including options under which--
(A) forces currently excluded from the
Cyberspace Operations Forces because of such
definition may access training, resources, and
expertise of the Cyberspace Operations Forces;
(B) the Commander of the United States Cyber
Command may issue advisory tasking to forces
that are not Cyberspace Operations Forces
pursuant to such definition; and
(C) forces that are not Cyberspace Operations
Forces pursuant to such definition are subject
to training standards established by the
Commander as the Cyberspace Joint Force
Trainer.
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF CERTAIN
BUDGET CONTROL RESPONSIBILITY TO COMMANDER OF
UNITED STATES CYBER COMMAND.
(a) Annual Assessments.--
(1) Requirement.--During fiscal year 2023, and not
less frequently than once each fiscal year thereafter
through fiscal year 2028, the Commander of the United
States Cyber Command, in coordination with the
Principal Cyber Advisor of the Department of Defense,
shall assess the implementation of the transition of
responsibilities assigned to the Commander by section
1507(a)(1) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81).
(2) Elements.--Each assessment carried out under
paragraph (1) shall include the following:
(A) An assessment of the operational and
organizational effect of section 1507(a)(1) of
the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) on the
training, equipping, operation, sustainment,
and readiness of the Cyber Mission Forces.
(B) An inventory description of the cyber
systems, activities, capabilities, resources,
and functions that have been transferred from
the military departments to control of the
Commander and those that have not been
transitioned pursuant to such section
1507(a)(1).
(C) An opinion by the Commander as to whether
the cyber systems, activities, capabilities,
resources, and functions that have not been so
transitioned should be transitioned pursuant to
such section 1507(a)(1).
(D) An assessment of the adequacy of
resources, authorities, and policies required
to implement such section 1507(a)(1), including
organizational, functional, and personnel
matters.
(E) An assessment of the reliance on
resources, authorities, policies, or personnel
external to United States Cyber Command in
support of the budget control of the Commander.
(F) Identification of any outstanding areas
for transition pursuant to such section
1507(a)(1).
(G) An assessment of the organization
established under section 1509 and its
performance relative to the requirements of the
Command.
(H) Such other matters as the Commander
considers appropriate.
(b) Annual Reports.--Not later than March 1, 2023, and
annually thereafter through 2028, the Commander shall submit to
the congressional defense committees a report on the findings
of the Commander with respect to the assessments under
subsection (a).
SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES TO RADIO-
FREQUENCY ENABLED CYBER ATTACKS.
(a) Assessments.--The Secretary of Defense shall ensure that
the activities required by and conducted pursuant to section
1647 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1118), section 1637 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 221 note), and the
amendments made by section 1712 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4087) include regular
assessments of the vulnerabilities to and mission risks
presented by radio-frequency enabled cyber attacks with respect
to the operational technology embedded in weapons systems,
aircraft, ships, ground vehicles, space systems, sensors, and
datalink networks of the Department of Defense.
(b) Elements.--The assessments under subsection (a) with
respect to vulnerabilities and risks described in such
subsection shall include--
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with
associated costs and schedule, to correct such
vulnerabilities, including installation of intrusion
detection capabilities;
(4) an evaluation of the cybersecurity sufficiency
for Military Standard 1553; and
(5) development of integrated risk-based plans to
implement the corrective actions selected.
(c) Development of Corrective Actions.--In developing
corrective actions under subsection (b)(3), the assessments
under subsection (a) shall--
(1) consider the missions supported by the assessed
weapons systems, aircraft, ships, ground vehicles,
space systems, sensors, or datalink networks, as the
case may be, to ensure that the corrective actions
focus on the vulnerabilities that create the greatest
risks to the missions;
(2) be shared and coordinated with the principal
staff assistant with primary responsibility for the
strategic cybersecurity program; and
(3) address requirements for deployed and nondeployed
members of the Armed Forces to analyze data collected
on the weapons systems and respond to attacks.
(d) Intelligence Informed Assessments.--The assessments under
subsection (a) shall be informed by intelligence, if available,
and technical judgment regarding potential threats to embedded
operational technology during operations of the Armed Forces.
(e) Coordination.--
(1) Coordination and integration of activities.--The
assessments under subsection (a) shall be fully
coordinated and integrated with activities described in
such subsection.
(2) Coordination of organizations.--The Secretary
shall ensure that the organizations conducting the
assessments under subsection (a) in the military
departments, the United States Special Operations
Command, and the Defense Agencies coordinate with each
other and share best practices, vulnerability analyses,
and technical solutions with the principal staff
assistant with primary responsibility for the Strategic
Cybersecurity Program.
(f) Briefings.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees briefings from the
organizations specified under subsection (e)(2), as
appropriate, on the activities and plans required under this
section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER AND COUNTER
ADVERSARIES IN THE INFORMATION ENVIRONMENT.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
following:
(1) The status of the strategy and posture review
required by section 1631(g) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 397 note).
(2) A description of efforts of the Department of
Defense, including such efforts conducted in
consultation with relevant departments and agencies of
the Federal Government, to effectively deter and
counter foreign adversaries in the information
environment, including--
(A) recent updates or modifications to
existing policies to more effectively deter and
counter adversaries;
(B) a description of funding priorities and
impacts to future budget requests;
(C) recent updates to personnel policies to
ensure the recruitment, promotion, retention,
and compensation for individuals with the
necessary skills in the information
environment; and
(D) a description of improvements required to
the collection, prioritization, and analysis of
intelligence, in particular open-source
intelligence, to better inform the
understanding of foreign adversaries in the
information environment.
(3) A description of any initiatives that are being
taken, in cooperation with relevant departments and
agencies of the Federal Government, to assist and
incorporate allies and partner countries of the United
States into efforts to effectively deter and counter
foreign adversaries in the information environment.
(4) A description of any additional actions the
Secretary determines necessary to further ensure that
the Department of Defense is appropriately postured to
effectively deter and counter foreign adversaries in
the information environment.
(5) Any other matters the Secretary of Defense
determines appropriate.
(b) Information Environment Defined.--In this section, the
term ``information environment'' has the meaning given in the
publication of the Department of Defense titled ``Joint Concept
for Operating in the Information Environment (JCOIE)'' dated
July 25, 2018.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and
capability delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the environment.
Subtitle C--Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B-21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons
stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber
resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review
implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site
activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise
missile.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile
defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1660. Integrated air and missile defense architecture for defense
of Guam.
Sec. 1661. Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous
United States.
Subtitle E--Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.
Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275 the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 2275a. Requirements for protection of satellites
``(a) Establishment of Requirements.--Before a major
satellite acquisition program achieves Milestone A approval, or
equivalent, the Chief of Staff of the Space Force, in
consultation with the Commander of the United States Space
Command, shall establish requirements for the defense and
resilience of the satellites under that program against the
capabilities of adversaries to target, degrade, or destroy the
satellites.
``(b) Definitions.--In this section:
``(1) The term `major satellite acquisition program'
has the meaning given that term in section 2275 of this
title.
``(2) The term `Milestone A approval' has the meaning
given that term in section 4251 of this title 10.''.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.
(a) Strategy.--
(1) Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Director of National
Intelligence, shall make publicly available a strategy
containing the actions that will be taken to defend and
protect on-orbit satellites of the Department of
Defense and the intelligence community from the
capabilities of adversaries to target, degrade, or
destroy satellites.
(2) Forms.--The Secretary shall--
(A) make the strategy under paragraph (1)
publicly available in unclassified form; and
(B) submit to the appropriate congressional
committees an annex, which may be submitted in
classified form, containing supporting
documents to the strategy.
(b) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(2) The term ``intelligence community'' has the
meaning given that term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION AND
CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR
SATELLITE ACQUISITIONS PROGRAMS AND FUNDING FOR
SUCH PROGRAMS.
Section 2275(f) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.
(a) Program.--Subsection (a) of section 1609 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2271 note) is
amended to read as follows:
``(a) Program.--The Secretary of the Air Force shall ensure
that the Space Force has a tactically responsive space
capability that--
``(1) addresses all lifecycle elements; and
``(2) addresses rapid deployment and reconstitution
requirements--
``(A) to provide long-term continuity for
tactically responsive space capabilities across
the future-years defense program submitted to
Congress under section 221 of title 10, United
States Code;
``(B) to continue the development of concepts
of operations, including with respect to
tactics, training, and procedures;
``(C) to develop appropriate processes for
tactically responsive space launch, including--
``(i) mission assurance processes;
and
``(ii) command and control, tracking,
telemetry, and communications; and
``(D) to identify basing requirements
necessary to enable tactically responsive space
capabilities.''.
(b) Requirements.--Such section is further amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Requirements.--The Chief of Space Operations shall
establish tactically responsive requirements for all national
security space capabilities, if applicable, carried out under
title 10, United States Code.''.
(c) Support.--Subsection (c) of such section, as redesignated
by subsection (b), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A),
by striking ``launch program'' and inserting
``space program''; and
(B) by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) The entire end-to-end tactically
responsive space capability, including with
respect to the launch vehicle, ground
infrastructure, bus, payload, operations and
on-orbit sustainment.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``for fiscal year
2023'' and inserting ``for each of
fiscal years 2023 through 2026''; and
(ii) by striking ``tactically
responsive launch program'' and
inserting ``tactically responsive space
program'';
(B) in subparagraph (A), by striking
``launches'' and inserting ``capabilities'';
and
(C) in subparagraph (C), by striking
``tactically responsive launch program'' and
inserting ``tactically responsive space
program''.
(d) Conforming Amendment.--The heading of such section is
amended in the heading by striking ``launch operations'' and
inserting ``space capability''.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND CONTROL.
Section 1613(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1731) is
amended by striking ``2025'' and inserting ``2030''.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.
(a) Initiatives.--The Secretary of the Defense and the
Secretary of State shall jointly ensure that responsive space
capabilities of the Department of Defense align with
initiatives by Five Eyes countries, member states of the North
Atlantic Treaty Organization, and other allies to promote a
globally responsive space architecture.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with the Commander of the
United States European Command, the Commander of the United
States Indo-Pacific Command, and the Commander of the United
States Space Command, shall jointly submit to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a report assessing current investments
and partnerships by the United States with allies of the United
States with respect to responsive space efforts. The report
shall include the following:
(1) An assessment of the benefits of leveraging
allied and partner spaceports for responsive launch.
(2) A discussion of current and future plans to
engage with allies and partners with respect to
activities ensuring rapid reconstitution or
augmentation of the space capabilities of the United
States and allies.
(3) An assessment of the shared costs and technology
between the United States and allies, including if
investments from the Pacific Deterrence Initiative and
the European Deterrence Initiative could be considered
for allied spaceports.
(c) Five Eyes Countries Defined.--In this section, the term
``Five Eyes countries'' means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO SUPPORT SPACE
TECHNOLOGY DEVELOPMENT.
(a) In General.--The Secretary of the Air Force and the Chief
of Space Operations, in coordination with the Chief Technology
and Innovation Office of the Space Force, may carry out applied
research and educational activities to support space technology
development.
(b) Activities.--Activities carried out under subsection (a)
shall support the applied research, development, and
demonstration needs of the Space Force, including by addressing
and facilitating the advancement of capabilities related to--
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force
considers relevant.
(c) Education and Training.--Activities carried out under
subsection (a) shall--
(1) promote education and training for students so as
to support the future national security space workforce
of the United States; and
(2) explore opportunities for international
collaboration.
(d) Termination.--The authority provided by this section
shall expire on December 31, 2027.
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION FROM JOINT
CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.
(a) Review.--Not later than March 31, 2023, the Secretary of
Defense shall complete a review regarding whether the Space
Development Agency should be exempt from the Joint Capabilities
Integration and Development System.
(b) Recommendation.--Not later than 30 days after the date on
which the review under subsection (a) is completed, the
Secretary of Defense shall submit to the congressional defense
committees a recommendation as to whether the exemption
described in such subsection should apply to the Space
Development Agency.
(c) Implementation.--Not later than 60 days after the date on
which the recommendation is submitted under subsection (b), the
Secretary of the Air Force and the Director of the Space
Development Agency shall implement the recommendation.
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS.
(a) Update Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force
shall update the plan that was developed pursuant to section
1669 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(b) Coordination With Other Agencies.--In developing the
update required by subsection (a), the Secretary shall--
(1) coordinate with the Secretary of the Army, the
Secretary of the Navy, the Director of the Missile
Defense Agency, the Director of the National
Reconnaissance Office, and the Director of the Space
Development Agency; and
(2) solicit comments on the plan, if any, from the
Commander of United States Strategic Command, the
Commander of United States Northern Command, and the
Commander of United States Space Command.
(c) Submittal to Congress.--Not later than 90 days after the
update required by subsection (a) is complete, the Secretary of
the Air Force shall submit to the congressional defense
committees--
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States
Strategic Command, the Commander of United States
Northern Command, and the Commander of United States
Space Command, if any, solicited under subsection
(b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees the portion
of the report on the risks posed by man-made space debris in
low-Earth orbit described in the explanatory statement
accompanying the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) that pertains to the Department
of Defense. The portion of the report shall include--
(1) an explanation of such risks to defense and
national security space assets;
(2) recommendations with respect to the remediation
of such risks to defense and national security assets;
and
(3) outlines of plans to reduce the incident of such
space debris to defense and national security assets.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES THAT
SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT.
Section 127f of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the following
new subsection:
``(e) Quarterly Briefing.--On a quarterly basis, the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, in coordination with elements of the
Department of Defense that the Assistant Secretary determines
appropriate, shall provide to the congressional defense
committees a briefing outlining the clandestine activities
carried out pursuant to subsection (a) during the period
covered by the briefing, including--
``(1) an update on such activities carried out in
each geographic combatant command and a description of
how such activities support the respective theater
campaign plan;
``(2) an overview of the authorities and legal
issues, including limitations, relating to such
activities; and
``(3) any other matters the Assistant Secretary
considers appropriate.''.
Subtitle C--Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
Chapter 24 of title 10, United States Code, is amended by
inserting after section 492a the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
``SEC. 492B. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.
``(a) In General.--On or about May 1 and November 1 of each
year, the officials specified in subsection (b) shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on matters relating to nuclear
weapons policies, operations, technology development, and other
similar topics as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for
Acquisition.
``(2) The Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense Programs.
``(3) The Assistant Secretary of Defense for Space
Policy.
``(4) The Deputy Administrator for Defense Programs
of the National Nuclear Security Administration.
``(5) The Director for Strategy, Plans, and Policy of
the Joint Staff.
``(6) The Director for Capability and Resource
Integration for the United States Strategic Command.
``(c) Delegation.--An official specified in subsection (b)
may delegate the authority to provide a briefing under
subsection (a) to a member of the Senior Executive Service who
reports to the official.
``(d) Termination.--The requirement to provide a briefing
under subsection (a) shall terminate on January 1, 2028.''.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B-21 AND SENTINEL PROGRAMS.
Chapter 24 of title 10, United States Code, is amended by
inserting after section 493 the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 493a. Industrial base monitoring for B-21 and Sentinel programs
``(a) Designation.--The Secretary of the Air Force, acting
through the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics, shall designate a
senior official, who shall report to the Assistant Secretary,
to monitor the combined industrial base supporting the
acquisition of--
``(1) B-21 aircraft; and
``(2) the Sentinel intercontinental ballistic missile
weapon system.
``(b) Requirements for Monitoring.--In monitoring the
combined industrial base described in subsection (a), the
senior official designated under such subsection shall--
``(1) have the authority to select staff to assist
the senior official from among civilian employees of
the Department and members of the armed forces, who may
provide such assistance concurrently while serving in
another position;
``(2) monitor the acquisition by the combined
industrial base of--
``(A) materials, technologies, and components
associated with nuclear weapons systems; and
``(B) commodities purchased on a large scale;
``(3) monitor the hiring or contracting by the
combined industrial base of personnel with critical
skills; and
``(4) assess whether personnel with critical skills
and knowledge, intellectual property on manufacturing
processes, and facilities and equipment necessary to
design, develop, manufacture, repair, and support a
program are available and affordable within the scopes
of the B-21 aircraft program and the Sentinel
intercontinental ballistic missile weapon system
program.
``(c) Annual Report.--At the same time as the submission of
the budget of the President pursuant to section 1105(a) of
title 31 for a fiscal year, the Secretary shall submit to the
congressional defense committees a report with respect to the
status of the combined industrial base described in subsection
(a).''.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.
(a) Responsibilities.--Subsection (d) of section 179 of title
10, United States Code, is amended--
(1) in paragraph (9), by inserting ``, in
coordination with the Joint Requirements Oversight
Council,'' after ``capabilities, and'';
(2) by redesignating paragraphs (10), (11), and (12)
as paragraphs (11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following
new paragraph (10):
``(10) With respect to nuclear warheads--
``(A) reviewing military requirements,
performance requirements, and planned delivery
schedules to evaluate whether such requirements
and schedules create significant risks to cost,
schedules, or other matters regarding
production, surveillance, research, and other
programs relating to nuclear weapons within the
National Nuclear Security Administration; and
``(B) if any such risk exists, proposing and
analyzing adjustments to such requirements and
schedules.''; and
(4) by striking paragraph (13), as so redesignated,
and inserting the following new paragraph (13):
``(13) Coordinating risk management efforts between
the Department of Defense and the National Nuclear
Security Administration relating to the nuclear weapons
stockpile, the nuclear security enterprise (as defined
in section 4002 of the Atomic Energy Defense Act (50
U.S.C. 2501)), and the delivery platforms for nuclear
weapons, including with respect to identifying and
analyzing risks and proposing actions to mitigate
risks.''.
(b) Plans and Budget.--Subsection (f) of such section is
amended to read as follows:
``(f) Budget and Funding Matters.--(1) The Council shall
annually review the plans and budget of the National Nuclear
Security Administration and assess whether such plans and
budget meet the current and projected requirements relating to
nuclear weapons.
``(2)(A) The Council shall review each budget request
transmitted by the Secretary of Energy to the Council under
section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757)
and make a determination under subparagraph (B) regarding the
adequacy of each such request. Not later than 30 days after
making such a determination, the Council shall notify the
congressional defense committees that such a determination has
been made.
``(B)(i) If the Council determines that a budget request for
a fiscal year transmitted to the Council under section 4717 of
the Atomic Energy Defense Act (50 U.S.C. 2757) is inadequate,
in whole or in part, to implement the objectives of the
Department of Defense with respect to nuclear weapons for that
fiscal year, the Council shall submit to the Secretary of
Energy a written description of funding levels and specific
initiatives that would, in the determination of the Council,
make the budget request adequate to implement those objectives.
``(ii) If the Council determines that a budget request for a
fiscal year transmitted to the Council under section 4717 of
the Atomic Energy Defense Act (50 U.S.C. 2757) is adequate to
implement the objectives described in clause (i) for that
fiscal year, the Council shall submit to the Secretary of
Energy a written statement confirming the adequacy of the
request.
``(iii) The Council shall maintain a record of each
description submitted under clause (i) and each statement
submitted under clause (ii).
``(3) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of
title 31, the Council shall submit to the congressional defense
committees a report containing the following:
``(A) The results of the assessment conducted under
paragraph (1) with respect to that budget.
``(B) An evaluation of--
``(i) whether the funding requested for the
National Nuclear Security Administration in
such budget--
``(I) enables the Administrator for
Nuclear Security to meet requirements
relating to nuclear weapons for such
fiscal year; and
``(II) is adequate to implement the
objectives of the Department of Defense
with respect to nuclear weapons for
that fiscal year; and
``(ii) whether the plans and budget reviewed
under paragraph (1) will enable the
Administrator to meet--
``(I) the requirements to produce war
reserve plutonium pits under section
4219(a) of such Act (50 U.S.C.
2538a(a)); and
``(II) any other requirements under
Federal law.
``(C) If the evaluation under subparagraph (B)(ii)
determines that the plans and budget reviewed under
paragraph (1) will not enable the Administrator to meet
the requirements to produce war reserve plutonium pits
under section 4219(a) of the Atomic Energy Defense Act
(50 U.S.C. 2538a(a))--
``(i) an explanation for why the plans and
budget will not enable the Administrator to
meet such requirements; and
``(ii) proposed alternative plans, budget, or
requirements by the Council to meet such
requirements.
``(4) If a member of the Council does not concur in any
assessment or evaluation under this subsection, the report or
other information required to be submitted to the congressional
defense committees regarding such assessment or evaluation
shall include a written explanation from the non-concurring
member describing the reasons for the member's nonconcurrence.
``(5)(A) Not later than 30 days after the President submits
to Congress the budget for a fiscal year under section 1105(a)
of title 31, the Commander of the United States Strategic
Command shall submit to the Chairman of the Joint Chiefs of
Staff an assessment of--
``(i) whether such budget allows the Federal
Government to meet the nuclear stockpile and
stockpile stewardship program requirements
during the fiscal year covered by the budget
and the four subsequent fiscal years; and
``(ii) if the Commander determines that such
budget does not allow the Federal Government to
meet such requirements, a description of the
steps being taken to meet such requirements.
``(B) Not later than 30 days after the date on which the
Chairman of the Joint Chiefs of Staff receives the assessment
of the Commander of the United States Strategic Command under
subparagraph (A), the Chairman shall submit to the
congressional defense committees--
``(i) such assessment as it was submitted to the
Chairman; and
``(ii) any comments of the Chairman.
``(6) In this subsection, the term `budget' has the meaning
given that term in section 231(f) of this title.''.
(c) Modification of Budget Review by Nuclear Weapons
Council.--Section 4717 of the Atomic Energy Defense Act (50
U.S.C. 2757) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting
the following:
``(2) Review.--The Council shall review each budget
request transmitted to the Council under paragraph (1)
in accordance with section 179(f) of title 10, United
States Code.''; and
(B) in paragraph (3)(A)--
(i) in the matter preceding clause
(i), by striking ``paragraph
(2)(B)(i)'' and inserting ``section
179(f)(2)(B)(i) of title 10, United
States Code,''; and
(ii) in clause (i), by striking ``the
description under paragraph (2)(B)(i)''
and inserting ``that description''; and
(2) in subsection (b)--
(A) by striking ``Council.--'' in the heading
and all that follows through ``At the time''
and inserting ``Council.--At the time''; and
(B) by striking paragraph (2).
(d) Updates on Meetings.--Section 179(g)(1)(A) of title 10,
United States Code, is amended by inserting ``and the members
who attended each meeting'' before the semicolon.
(e) Repeal of Termination of Nuclear Weapons Council
Certification and Reporting Requirement.--Section 1061(c) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note) is amended by striking
paragraph (10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR FORCES.
(a) In General.--Chapter 24 of title 10, United States Code,
is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 499c. Portfolio management framework for nuclear forces
``(a) Requirement.--Not later than January 1, 2024, the
Secretary of Defense shall--
``(1) implement a portfolio management framework for
nuclear forces of the United States that--
``(A) specifies the portfolio of nuclear
forces covered by the framework;
``(B) establishes a portfolio governance
structure for such forces that takes advantage
of, or is modeled on, an existing portfolio
governance structure, such as the Deputy's
Management Action Group described in Department
of Defense Directive 5105.79;
``(C) outlines the approach of the Secretary
for identifying and managing risk relating to
such forces and prioritizing the efforts among
such forces, including how the Secretary,
acting through the Under Secretary of Defense
for Acquisition and Sustainment, will
coordinate such identification, management, and
prioritization with the Administrator for
Nuclear Security using the coordination
processes of the Nuclear Weapons Council; and
``(D) incorporates the findings and
recommendations identified by the Comptroller
General of the United States in the report
titled `Nuclear Enterprise: DOD and NNSA Could
Further Enhance How They Manage Risk and
Prioritize Efforts' (GAO-22-104061) and dated
January 2022; and
``(2) complete a comprehensive assessment of the
portfolio management capabilities required to identify
and manage risk in the portfolio of nuclear forces,
including how to draw upon public and private sector
resources and the program management expertise within
the Defense Acquisition University.
``(b) Annual Briefings; Notifications.--(1) In conjunction
with the submission of the budget of the President to Congress
pursuant to section 1105 of title 31 for fiscal year 2025 and
each fiscal year thereafter through the date specified in
subsection (c), the Secretary shall provide to the
congressional defense committees a briefing on identifying and
managing risk relating to nuclear forces and prioritizing the
efforts among such forces, including, with respect to the
period covered by the briefing--
``(A) the current and projected operational
requirements for nuclear forces that were used for such
identification, management, and prioritization;
``(B) key areas of risk identified; and
``(C) a description of the actions proposed or
carried out to mitigate such risk.
``(2) The Secretary may provide the briefings under paragraph
(1) in classified form.
``(3) If a House of Congress adopts a bill authorizing or
appropriating funds that, as determined by the Secretary,
provides funds in an amount that will result in a significant
delay in the nuclear certification or delivery of nuclear
forces, the Secretary shall notify the congressional defense
committees of the determination.
``(c) Termination.--The requirements of this section shall
terminate 90 days after the date on which the Secretary
certifies to the congressional defense committees that each of
the following have achieved full operational capability:
``(1) The LGM-35A Sentinel intercontinental ballistic
missile weapon system.
``(2) The Columbia-class ballistic missile submarine
program.
``(3) The long-range standoff weapon program.
``(4) The B-21 Raider bomber aircraft program.
``(5) The F-35A dual-capable aircraft program.
``(d) Nuclear Forces Defined.--In this section, the term
`nuclear forces' includes, at a minimum--
``(1) nuclear weapons;
``(2) the delivery platforms and systems for nuclear
weapons;
``(3) nuclear command, control, and communications
systems; and
``(4) the infrastructure and facilities of the
Department of Defense and the National Nuclear Security
Administration that support nuclear weapons, the
delivery platforms and systems for nuclear weapons, and
nuclear command, control, and communications systems,
including with respect to personnel, construction,
operation, and maintenance.''.
(b) Initial Briefing.--
(1) Requirement.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the progress of the
Secretary to--
(A) develop the portfolio management
framework for nuclear forces under section 499c
of title 10, United States Code, as added by
subsection (a); and
(B) complete the assessment described in
subsection (a)(2) of such section.
(2) Form.--The Secretary may provide the briefing
under paragraph (1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS
STOCKPILE.
Section 492a(a)(1) of title 10, United States Code, is
amended by striking ``2024'' and inserting ``2029''.
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT OF CYBER
RESILIENCE OF NUCLEAR COMMAND AND CONTROL SYSTEM.
(a) Quarterly Briefings.--Subsection (d) of section 499 of
title 10, United States Code, is amended to read as follows:
``(d) Quarterly Briefings.--(1) Not less than once every
quarter, the Deputy Secretary of Defense and the Vice Chairman
of the Joint Chiefs of Staff shall jointly provide to the
Committees on Armed Services of the House of Representatives
and the Senate--
``(A) a briefing on any intrusion or anomaly in the
nuclear command, control, and communications system
that was identified during the previous quarter,
including--
``(i) an assessment of any known, suspected,
or potential impacts of such intrusions and
anomalies to the mission effectiveness of
military capabilities as of the date of the
briefing; and
``(ii) with respect to cyber intrusions of
contractor networks known or suspected to have
resulted in the loss or compromise of design
information regarding the nuclear command,
control, and communications system; or
``(B) if no such intrusion or anomaly occurred with
respect to the quarter to be covered by that briefing,
a notification of such lack of intrusions and
anomalies.
``(2) In this subsection:
``(A) The term `anomaly' means a malicious,
suspicious or abnormal cyber incident that potentially
threatens the national security or interests of the
United States, or that is likely to result in
demonstrable harm to the national security of the
United States.
``(B) The term `intrusion' means an unauthorized and
malicious cyber incident that compromises a nuclear
command, control, and communications system by breaking
the security of such a system or causing it to enter
into an insecure state.''.
(b) Extension.--Subsection (e) of such section is amended by
striking ``December 31, 2027'' and inserting ``December 31,
2032''.
(c) Conforming Repeal.--Section 171a of title 10, United
States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE REVIEW
IMPLEMENTATION.
Section 491(c) of title 10, United States Code is amended--
(1) in the heading, by striking ``2010'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``2012 through 2021'' and
inserting ``2022 through 2031''; and
(B) by striking ``2010'' and inserting ``a'';
and
(3) by striking paragraph (1) and inserting the
following new paragraph (1.):
``(1) ensure that the report required by section 492a
of this title is transmitted to Congress, if so
required under such section;''.
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE SITE
ACTIVATION TASK FORCE FOR SENTINEL PROGRAM.
(a) Establishment.--
(1) Task force.--There is established within the Air
Force Global Strike Command a directorate to be known
as the Sentinel Intercontinental Ballistic Missile Site
Activation Task Force (in this section referred to as
the ``Task Force'').
(2) Site activation task force.--The Task Force shall
serve as the Site Activation Task Force (as that term
is defined in Air Force Instruction 10-503, updated
October 14, 2020) for purposes of overseeing and
coordinating the construction of fixed facilities and
emplacements and the installation and checkout of
supporting subsystems and equipment leading to the
deployment and achievement of full operational
capability of the LGM-35A Sentinel intercontinental
ballistic missile weapon system at each
intercontinental ballistic missile wing for use by the
Air Force Global Strike Command in support of plans and
operations of the United States Strategic Command.
(b) Director.--
(1) Head.--The Task Force shall be headed by the
Director of Intercontinental Ballistic Missile
Modernization.
(2) Appointment.--
(A) In general.--The Secretary of the Air
Force shall appoint the Director from among the
general officers of the Air Force.
(B) Qualifications.--In appointing the
Director, the Secretary shall give preference
to individuals with expertise in
intercontinental ballistic missile operations
and large construction projects.
(3) Term of office.--
(A) Term.--The Director shall be appointed
for a term of three years. The Secretary may
reappoint the Director for one additional
three-year term.
(B) Removal.--The Secretary may remove the
Director for cause at any time.
(4) Duties.--
(A) In general.--The Director shall--
(i) oversee and coordinate the
activities of the Air Force in support
of--
(I) the deployment of the
LGM-35A Sentinel
intercontinental ballistic
missile weapon system; and
(II) the retirement of the
LGM-30G Minuteman III
intercontinental ballistic
missile weapon system; and
(ii) subject to the authority,
direction, and control of the Commander
of the Air Force Global Strike Command,
the Chief of Staff of the Air Force,
and the Secretary of the Air Force,
prepare, justify, and execute the
personnel, operation and maintenance,
and construction budgets for such
deployment and retirement.
(B) Rule of construction.--Nothing in this
subsection shall be construed to supersede or
otherwise alter the organizational
relationships and responsibilities regarding
oversight and management of the LGM-35A
Sentinel as a Major Capability Acquisition
Program, as outlined in Department of Defense
Instruction 5000.85, ``Major Capability
Acquisition'', dated November 4, 2021.
(c) Reports.--
(1) Report to secretaries.--Not later than one year
after the date of the enactment of this Act, and
annually thereafter until the date specified in
subsection (e), the Director, in consultation with the
milestone decision authority (as defined in section
4251(d) of title 10, United States Code) for the LGM-
35A Sentinel intercontinental ballistic missile
program, shall submit to the Secretary of Defense and
the Secretary of the Air Force a report on the progress
of the Air Force in achieving initial and full
operational capability for the LGM-35A Sentinel
intercontinental ballistic missile weapon system.
(2) Report to congress.--Not later than 30 days after
receiving a report under paragraph (1), the Secretary
of Defense and the Secretary of the Air Force shall
jointly submit to the congressional defense committees
the report.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(4) Quarterly briefing.--Not later than one year
after the date of the enactment of this Act, and every
90 days thereafter until the date specified in
subsection (e), the Secretary of the Air Force shall
provide to the congressional defense committees a
briefing regarding the progress made on activities by
the Task Force to bring the LGM-35A Sentinel
intercontinental ballistic missile weapon system to
operational capability at each intercontinental
ballistic missile wing.
(d) Weapon System Designation.--
(1) Weapon system.--For purposes of nomenclature and
life cycle maintenance, each wing level configuration
of the LGM-35A Sentinel intercontinental ballistic
missile shall be considered a weapon system.
(2) Definitions.--In this subsection:
(A) The term ``weapon system'' has the
meaning given the term in Department of the Air
Force Pamphlet 63-128, updated February 3,
2021.
(B) The term ``wing level configuration''
means the complete arrangement of subsystems
and equipment of the LGM-35A Sentinel
intercontinental ballistic missile required to
function as a wing.
(e) Termination.--The Task Force shall terminate not later
than 90 days after the date on which the Commander of the
United States Strategic Command and the Commander of the Air
Force Global Strike Command (or the heads of successor agencies
of the United States Strategic Command and the Air Force Global
Strike Command) jointly declare that the LGM-35A Sentinel
intercontinental ballistic missile weapon system has achieved
full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the
Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action
to do the following:
(1) Reduce, or prepare to reduce, the responsiveness
or alert level of the intercontinental ballistic
missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of
deployed intercontinental ballistic missiles of the
United States to a number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman
III intercontinental ballistic missile to the Sentinel
intercontinental ballistic missile (previously referred
to as the ``ground-based strategic deterrent weapon'').
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.
(a) Plan.--The Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for Nuclear
Security and the Under Secretary of Defense for Research and
Engineering, shall produce a plan for the development, during
the 20-year period beginning on the date of the enactment of
this Act, of--
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for--
(A) the Sentinel intercontinental ballistic
missile weapon system;
(B) the Trident II (D5) submarine-launched
ballistic missile, or subsequent missile; and
(C) any other long-range ballistic or
hypersonic strike missile that may rely upon
technologies similar to the technologies used
in the missiles described in subparagraphs (A)
and (B).
(b) Elements.--The plan under subsection (a) shall--
(1) with respect to the development of each reentry
vehicle described in such subsection, describe--
(A) timed phases of production for the
reentry aeroshell and the planned production
and fielding of the reentry vehicle;
(B) the required developmental and
operational testing capabilities and
capacities, including such capabilities and
capacities of the reentry vehicle;
(C) the technology development and
manufacturing capabilities that may require use
of authorities under the Defense Production Act
of 1950 (50 U.S.C. 4501 et seq.); and
(D) the industrial base capabilities and
capacities, including the availability of
sufficient critical materials and staffing to
ensure adequate competition between entities
developing the reentry vehicle;
(2) provide estimated cost projections for the
development of the first operational reentry vehicle
and the production of subsequent reentry vehicles to
meet the requirements of the Navy and Air Force; and
(3) provide for the coordination with and account for
the needs of the development by the Department of
Defense of hypersonic systems using materials,
staffing, and an industrial base similar to that
required for the development of reentry vehicles
described in subsection (a).
(c) Assessments.--
(1) Cost projections.--The Director of the Office of
Cost Assessment and Program Evaluation of the
Department of Defense, in coordination with the
Director of the Office of Cost Estimating and Program
Evaluation of the National Nuclear Security
Administration, shall conduct an assessment of the
costs of the plan under subsection (a).
(2) Technology and manufacturing readiness.--Not
later than 90 days after the date of the enactment of
this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall seek to enter into an
agreement with a federally funded research and
development center to conduct an assessment of the
technology and manufacturing readiness levels with
respect to the plan under subsection (a).
(d) Submission to Congress.--Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees the plan under subsection (a)
and the assessments under subsection (c).
SEC. 1641. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE
PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS
SYSTEM.
(a) Review and Briefing.--Not later than January 1, 2023, and
annually thereafter until January 1, 2028, the Secretary of
Defense and the Secretary of Energy shall jointly provide to
the congressional defense committees a briefing, with respect
to each nuclear weapons delivery system, missile warning
system, hypersonic boost-glide missile system program, and
weapon program or nuclear security enterprise infrastructure
project of the National Nuclear Security Administration, on--
(1) which such programs or projects have been
reviewed or considered for a determination of DX
priority rating under part 700 of title 15, Code of
Federal Regulations;
(2) which, if any, such programs or projects have
been assigned a DX priority rating, or have been
determined to require such rating and a timeline for
assignment;
(3) any such programs or projects that have sought DX
rating but have been denied assignment, including a
rationale for denial;
(4) any such program or project which had previously
obtained a DX rating and the designation was
unassigned; and
(5) other related matters the Secretaries determine
appropriate, including the potential impacts and risks
to other programs.
(b) Milestone Review Requirement.--With respect to any
program or project that the Secretary of Defense and the
Secretary of Energy identify under subsection (a)(1) as not
having been reviewed or considered for a determination of DX
priority rating under part 700 of title 15, Code of Federal
Regulations, the respective Secretary shall--
(1) conduct an assessment regarding the need for such
a DX priority rating not less frequently than prior to
the program or project achieving Milestone A approval,
Milestone B approval, and Milestone C approval, or
equivalent; and
(2) document such assessment within the acquisition
decision memorandum, or equivalent, for the program or
project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE
MISSILE.
(a) Report on Deterrence.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that describes the approach by the Department of Defense for
deterring theater nuclear employment by Russia, China, and
North Korea, including--
(1) an assessment of the current and future theater
nuclear capabilities and doctrines of Russia, China,
and North Korea;
(2) an explanation of the strategy and capabilities
of the United States for deterring theater nuclear
employment; and
(3) a comparative assessment of options for
strengthening deterrence of theater nuclear employment,
including pursuit of the nuclear-capable sea-launched
cruise missile and other potential changes to the
nuclear and conventional posture and capabilities of
the United States.
(b) Concept of Operations and Operational Implications.--
(1) Concept of operations.--Not later than 150 days
after the date of the enactment of this Act, the Vice
Chairman of the Joint Chiefs of Staff, in coordination
with the Chief of Naval Operations, the Under Secretary
of Defense for Policy, the Commander of the United
States Strategic Command, the Commander of the United
States European Command, and the Commander of the
United States Indo-Pacific Command, shall develop and
validate a concept of operations for a nuclear-capable
sea-launched cruise missile that provides options for,
at a minimum--
(A) regularly deploying the missile in
relevant operational theaters; and
(B) maintaining the missile in reserve and
deploying as needed to relevant operational
theaters.
(2) Operational implications.--Not later than 270
days after the date of the enactment of this Act, and
based upon the concept of operations developed pursuant
to paragraph (1), the Chief of Naval Operations, in
coordination with the Vice Chairman of the Joint Chiefs
of Staff, the Commander of the United States Strategic
Command, the Commander of the United States European
Command, and the Commander of the United States Indo-
Pacific Command, shall submit to the congressional
defense committees a report that describes the
operational implications associated with deploying
nuclear-capable sea-launched cruise missiles on naval
vessels, including--
(A) anticipated effects on the deterrence of
regional nuclear use by Russia, China, and
North Korea from such deployment;
(B) expected adjustments in the regional
balances of nuclear forces between the United
States and Russia, China, and North Korea
respectively, based on the anticipated effects
under subparagraph (A);
(C) anticipated operational and deterrence
implications of allocating missile or torpedo
tubes from conventional munitions to nuclear
munitions if additional vessels beyond current
planning are not available;
(D) anticipated operational constraints and
trade-offs associated with reserving or
limiting naval vessels, if applicable, on
account of nuclear mission requirements;
(E) adjustments to posture and operationally
available capabilities that may be required if
the Navy is not provided with additional
resources to support tactical nuclear
operations, including potential costs and
constraints relating to nuclear certification,
modifications to port infrastructure, personnel
training, and other factors; and
(F) any other issues identified by the Chief,
Vice Chairman, and Commanders.
(c) Report on Development.--Not later than 270 days after the
date of the enactment of this Act, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a report that describes the cost and timeline of
developing and producing a variation of the W80-4 warhead for a
nuclear-capable sea-launched cruise missile, including--
(1) the cost of developing, producing, and sustaining
the warhead;
(2) the timeline for the design, production, and
fielding of the warhead; and
(3) an assessment of how the pursuit of a variant of
the W80-4 warhead may affect other planned warhead
activities of the National Nuclear Security
Administration, including whether there would be risk
to the cost and schedule of other warhead programs of
the Administration if the Nuclear Weapons Council added
a nuclear-capable sea-launched cruise missile warhead
to the portfolio of such programs.
(d) Spend Plan.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of the Navy and the
Administrator for Nuclear Security shall submit to the
congressional defense committees the anticipated spend plans
for the research and development of a nuclear-capable sea-
launched cruise missile and the associated warhead for the
missile with respect to each of the following:
(1) The funds for such research and development
appropriated by the Consolidated Appropriations Act,
2022 (Public Law 117-103).
(2) The funds for such research and development
authorized to be appropriated by this Act.
(e) Consolidated Report.--The reports required by subsections
(a) and (b)(2) may be submitted in one consolidated report.
(f) Preferred Course of Action.--To inform the reports under
this section, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall identify
one or more preferred courses of action from among the actions
identified in the analysis of alternatives for a nuclear-
capable sea-launched cruise missile.
(g) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2023 for the Department of Defense or
the National Nuclear Security Administration may be
obligated or expended for a purpose specified in
paragraph (2) until each of the reports under this
section and a detailed, unclassified summary of the
analysis of alternatives regarding the nuclear-capable
sea-launched cruise missile have been submitted to the
congressional defense committees.
(2) Funds specified.--The purposes specified in this
paragraph are the following:
(A) With respect to the Department of
Defense, system development and demonstration
of a nuclear-capable sea-launched cruise
missile.
(B) With respect to the National Nuclear
Security Administration, development
engineering for a modified, altered, or new
warhead for a sea-launched cruise missile.
(h) Definitions.--In this section:
(1) The term ``development engineering'' means
activities under phase 3 of the joint nuclear weapons
life cycle (as defined in section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b) or phase 6.3 of a
nuclear weapons life extension program.
(2) The term ``system development and demonstration''
means the activities occurring in the phase after a
program achieves Milestone B approval (as defined in
section 4172 of title 10, United States Code).
Subtitle D--Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED ACTIVITIES.
Chapter 23 of title 10, United States Code, is amended by
inserting after section 486 the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
``Sec. 487. Biannual briefing on missile defense and related activities
``(a) In General.--On or about June 1 and December 1 of each
year, the officials specified in subsection (b) shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on matters relating to missile
defense policies, operations, technology development, and other
similar topics as requested by such committees.
``(b) Officials Specified.--The officials specified in this
subsection are the following:
``(1) The Assistant Secretary of Defense for
Acquisition.
``(2) The Assistant Secretary of Defense for Space
Policy.
``(3) The Director of the Missile Defense Agency.
``(4) The Director for Strategy, Plans, and Policy of
the Joint Staff.
``(c) Delegation.--An official specified in subsection (b)
may delegate the authority to provide a briefing required by
subsection (a) to a member of the Senior Executive Service who
reports to the official.
``(d) Termination.--The requirement to provide a briefing
under subsection (a) shall terminate on January 1, 2028.''.
SEC. 1652. IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY REPORTS ON THE
BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Elements of Baselines.--Subsection (b) of section 225 of
title 10, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``and flight''
and inserting ``, flight, and cybersecurity'';
(2) in paragraph (2), by striking subparagraph (C)
and inserting the following new subparagraph (C):
``(C) how the proposed capability satisfies a
capability requirement or performance attribute
identified through--
``(i) the missile defense warfighter
involvement process, as governed by
United States Strategic Command
Instruction 538-03, or such successor
document; or
``(ii) processes and products
approved by the Joint Chiefs of Staff
or Joint Requirements Oversight
Council;''; and
(3) in paragraph (3)--
(A) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(B) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) an explanation for why a program joint
cost analysis requirements description has not
been prepared and approved, and, if a program
joint cost analysis requirements description is
not applicable, the rationale for such
inapplicability.''.
(b) Annual Reports on Acquisition Baselines.--Subsection (c)
of such section is amended--
(1) in paragraph (2)(B)(ii)--
(A) in subclause (I)--
(i) by striking ``initial'' and
inserting ``original''; and
(ii) by striking ``; and'' and
inserting a semicolon;
(B) in subclause (II), by striking the period
at the ending and inserting ``; and''; and
(C) by adding at the end the following new
subclause:
``(III) the most recent adjusted or revised
acquisition baseline for such program element
or major subprogram under subsection (d).'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following
new paragraph:
``(3)(A) Each report under paragraph (1) shall include the
total system costs for each element described in subparagraph
(B) that comprises the missile defense system, without regard
to funding source or management control (such as the Missile
Defense Agency, a military department, or other element of the
Department of Defense).
``(B) The elements described in this subparagraph shall
include the following:
``(i) Research and development.
``(ii) Procurement.
``(iii) Military construction.
``(iv) Operations and sustainment.
``(v) Disposal.''; and
(4) by inserting after paragraph (4) the following
new paragraph (5):
``(5) In this subsection:
``(A) The term `original acquisition baseline' means,
with respect to a program element or major subprogram,
the first acquisition baseline created for the program
element or major subprogram that has no previous
iterations and has not been adjusted or revised,
including any adjustments or revisions pursuant to
subsection (d).
``(B) The term `total system costs' means, with
respect to each element that comprises the missile
defense system--
``(i) all combined costs from closed,
canceled, and active acquisition baselines;
``(ii) any costs shifted to or a part of
future efforts without an established
acquisition baseline; and
``(iii) any costs under the responsibility of
a military department or other Department
entity.''.
(c) Operations and Sustainment Cost Estimates.--Subsection
(e) of such section is amended--
(1) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(3) the amount of operations and sustainment costs
(dollar value and base year) for which the military
department or other element of the Department of
Defense is responsible; and
``(4)(A) a citation to the source (such as a joint
cost estimate or one or more military department
estimates) that captures the operations and sustainment
costs for which a military department or other element
of the Department of Defense is responsible;
``(B) the date the source was prepared; and
``(C) if and when the source was independently
verified by the Office for Cost Assessment and Program
Evaluation.''.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
Section 130h of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF UNITED
STATES HOMELAND.
(a) Modification to Congressional Notification of
Cancellation.--Section 1668(c) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``30 days prior to any'' and
inserting ``90 days prior to implementation of
a''; and
(B) by striking ``Director'' and inserting
``Secretary of Defense''; and
(2) in paragraph (2), by striking ``Director'' and
inserting ``Secretary''.
(b) Funding Profile for Increased Deployment.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Missile Defense Agency shall submit to the
congressional defense committees a report on the funding
profile necessary, by fiscal year, to acquire no fewer than 64
operational next generation interceptors for the next
generation interceptor program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE
DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS.
Section 1676(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 4205 note) is
amended--
(1) in paragraph (1), by striking ``Not'' and
inserting ``Except as provided by paragraph (4), not'';
and
(2) by adding at the end the following new paragraph:
``(4) Termination of requirement.--The requirement in
paragraph (1) to transfer the authorities specified in
such paragraph shall terminate on the date that is 60
days after the date on which the Secretary of Defense
submits to the congressional defense committees the
report under section 1675(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 2117).''.
SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC MISSILE
DEFENSE SYSTEMS AND NETWORKS.
(a) Plan.--Not later than May 1, 2023, the Director of the
Missile Defense Agency and the Director of Operational Test and
Evaluation, in coordination with the Chairman of the Joint
Chiefs of Staff, the Commander of the United States Cyber
Command, and other commanders of combatant commands and
functions of the Joint Staff as appropriate, shall jointly
develop a plan to allow for persistent cybersecurity operations
across all networks and information systems supporting the
missile defense system.
(b) Elements.--The plan under subsection (a) shall include
the following:
(1) An inventory of all networks and information
systems that support the missile defense system,
including information about which components or
elements of the networks and information systems are
currently configured for persistent cybersecurity
operations.
(2) A strategy--
(A) for coordinating with the applicable
combatant commands on persistent cybersecurity
operations; and
(B) in which the Director for Operational
Test and Evaluation monitors and reviews such
operations and provides independent assessments
of the adequacy and sufficiency of the
operations.
(3) A plan for how the Director of the Missile
Defense Agency will respond to cybersecurity testing
recommendations made by the Director for Operational
Test and Evaluation.
(4) The timeline required to execute the plan.
(c) Briefings.--The Director of the Missile Defense Agency
and the Director for Operational Test and Evaluation shall
jointly provide to the congressional defense committees a
briefing--
(1) not later than May 15, 2023, on the plan
developed under subsection (a); and
(2) not later than December 30, 2023, on progress
made toward implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.
(a) Fire Control Quality Data Requirement.--In carrying out
the analysis of candidate fire control architectures, the
Secretary of the Air Force shall ensure that the Director of
the Space Warfighting Analysis Center of the Space Force, at a
minimum, maintains the requirements needed for the missile
defense command and control, battle management, and
communications system to pass the needed quality data within
the timelines needed for current and planned interceptor
systems to support engagements of ballistic and hypersonic
threats as described in section 1645 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4062).
(b) Briefing.--Not later than 14 days after the date on which
the Director of the Space Warfighting Analysis Center concludes
the analysis of candidate fire control architectures, the
Director shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
results of the analysis, including the findings of the Director
and the architecture recommended by the Director for a future
fire control architecture to support engagement of ballistic
and hypersonic threats.
SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State and the Director of the Defense
Intelligence Agency, shall seek to cooperate with allies and
partners in the Middle East with respect to implementing an
integrated air and missile defense architecture to protect the
people, infrastructure, and territory of such countries from
cruise and ballistic missiles, manned and unmanned aerial
systems, and rocket attacks from Iran and groups linked to
Iran.
(b) Strategy.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of State, shall submit
to the appropriate congressional committees a strategy
on cooperation with allies and partners in the area of
responsibility of the United States Central Command to
implement a multinational integrated air and missile
defense architecture to protect the people,
infrastructure, and territory of such countries from
cruise and ballistic missiles, manned and unmanned
aerial systems, and rocket attacks from Iran and groups
linked to Iran.
(2) Contents.--The strategy submitted under paragraph
(1) shall include the following:
(A) An assessment of the threat of ballistic
and cruise missiles, manned and unmanned aerial
systems, and rocket attacks from Iran and
groups linked to Iran to allies and partners
within the area of responsibility of the United
States Central Command.
(B) A description of current efforts to
coordinate indicators and warnings from such
attacks with allies and partners within such
area of responsibility.
(C) An analysis of current integrated air and
missile defense systems to defend against
attacks, in coordination with allies and
partners within such area of responsibility.
(D) An explanation of how a multinational
integrated air and missile defense architecture
would improve collective security in such area
of responsibility.
(E) A description of efforts to engage
specified foreign partners in establishing such
an architecture.
(F) An identification of elements of the
multinational integrated air and missile
defense architecture that--
(i) can be acquired and operated by
specified foreign partners; and
(ii) can only be provided and
operated by members of the Armed
Forces.
(G) An identification of any challenges in
establishing a multinational integrated air and
missile defense architecture with specified
foreign partners, including assessments of the
capacity and capability of specified foreign
partners and their ability to independently
operate key technical components of such an
architecture, including radars and interceptor
systems.
(H) A description of relevant consultation
with the Secretary of State and the ways in
which such an architecture advances United
States regional diplomatic goals and
objectives.
(I) Recommendations for addressing the
challenges identified in subparagraph (G) so
that the strategy can be implemented
effectively.
(J) Such other matters as the Secretary
considers relevant.
(3) Protection of sensitive information.--Any
activity carried out under paragraph (1) shall be
conducted in a manner that is consistent with
protection of intelligence sources and methods and
appropriately protects sensitive information and the
national security interests of the United States.
(4) Format.--The strategy submitted under paragraph
(1) shall be submitted in unclassified form, but may
include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT
AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized
to be appropriated by this Act for fiscal year 2023 for
procurement, Defense-wide, and available for the
Missile Defense Agency, not more than $80,000,000 may
be provided to the Government of Israel to procure
components for the Iron Dome short-range rocket defense
system through co-production of such components in the
United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph
(1) for the Iron Dome short-range rocket
defense program shall be available subject to
the terms and conditions in the Agreement
Between the Department of Defense of the United
States of America and the Ministry of Defense
of the State of Israel Concerning Iron Dome
Defense System Procurement, signed on March 5,
2014, as amended to include co-production for
Tamir interceptors.
(B) Certification.--Not later than 30 days
prior to the initial obligation of funds
described in paragraph (1), the Under Secretary
of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional
committees--
(i) a certification that the amended
bilateral international agreement
specified in subparagraph (A) is being
implemented as provided in such
agreement;
(ii) an assessment detailing any
risks relating to the implementation of
such agreement; and
(iii) for system improvements
resulting in modified Iron Dome
components and Tamir interceptor sub-
components, a certification that the
Government of Israel has demonstrated
successful completion of Production
Readiness Reviews, including the
validation of production lines, the
verification of component conformance,
and the verification of performance to
specification as defined in the Iron
Dome Defense System Procurement
Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the
funds authorized to be appropriated for fiscal year
2023 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $40,000,000
may be provided to the Government of Israel to procure
the David's Sling Weapon System, including for co-
production of parts and components in the United States
by United States industry.
(2) Agreement.--Provision of funds specified in
paragraph (1) shall be subject to the terms and
conditions in the bilateral co-production agreement,
including--
(A) a one-for-one cash match is made by
Israel or in another matching amount that
otherwise meets best efforts (as mutually
agreed to by the United States and Israel); and
(B) co-production of parts, components, and
all-up rounds (if appropriate) in the United
States by United States industry for the
David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under
Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional
committees--
(A) a certification that the Government of
Israel has demonstrated the successful
completion of the knowledge points, technical
milestones, and Production Readiness Reviews
required by the research, development, and
technology agreement and the bilateral co-
production agreement for the David's Sling
Weapon System; and
(B) an assessment detailing any risks
relating to the implementation of such
agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the
funds authorized to be appropriated for fiscal year
2023 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $80,000,000
may be provided to the Government of Israel for the
Arrow 3 Upper Tier Interceptor Program, including for
co-production of parts and components in the United
States by United States industry.
(2) Certification.--The Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
appropriate congressional committees a certification
that--
(A) the Government of Israel has demonstrated
the successful completion of the knowledge
points, technical milestones, and Production
Readiness Reviews required by the research,
development, and technology agreement for the
Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be
provided on the basis of a one-for-one cash
match made by Israel or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel);
(C) the United States has entered into a
bilateral international agreement with Israel
that establishes, with respect to the use of
such funds--
(i) in accordance with subparagraph
(D), the terms of co-production of
parts and components on the basis of
the greatest practicable co-production
of parts, components, and all-up rounds
(if appropriate) by United States
industry and minimizes nonrecurring
engineering and facilitization expenses
to the costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition
strategy, and funding profiles of
Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working
group to consider cost reduction
initiatives; and
(v) joint approval processes for
third-party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50
percent.
(d) Number.--In carrying out paragraph (2) of subsection (b)
and paragraph (2) of subsection (c), the Under Secretary may
submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor
Program; or
(2) separate certifications for each respective
system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification under
subsection (c)(2) no later than 30 days before the funds
specified in paragraph (1) of subsections (b) and (c) for the
respective system covered by the certification are provided to
the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR DEFENSE
OF GUAM.
(a) Review of Integrated Air and Missile Defense Architecture
to Defend Guam.--
(1) Requirement.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally
funded research and development center to conduct an
independent assessment of the integrated air and
missile defense architecture to defend Guam.
(2) Elements.--The assessment under paragraph (1)
shall include an analysis of each of the following:
(A) The proposed architecture capability to
address non-ballistic and ballistic missile
threats to Guam, including the sensor, command
and control, and interceptor systems being
proposed.
(B) The development and integration risk of
the proposed architecture.
(C) The manning required to operate the
proposed architecture, including the
availability of housing and infrastructure on
Guam to support the needed manning levels.
(3) Submission.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the
assessment under paragraph (1), without change.
(b) Designation of Official Responsible for Missile Defense
of Guam.--
(1) Designation.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall designate a senior official of the
Department of Defense who shall be responsible for the
missile defense of Guam during the period preceding the
date specified in paragraph (5).
(2) Duties.--The duties of the official designated
under paragraph (1) shall include the following:
(A) Designing the architecture of the missile
defense system for defending Guam.
(B) Overseeing development of an integrated
missile defense acquisition strategy for the
missile defense of Guam.
(C) Ensuring the military department and
Defense Agency budgets are appropriate for the
strategy described in subparagraph (B).
(D) Siting the integrated missile defense
system described in subparagraph (B).
(E) Overseeing long-term acquisition and
sustainment of the missile defense system for
Guam.
(F) Such other duties as the Secretary
determines appropriate.
(3) Program treatment.--The integrated missile
defense system referred to in paragraph (2) shall be
designated as special interest acquisition category 1D
program and shall be managed as consistent with
Department of Defense Instruction 5000.85 ``Major
Capability Acquisition''.
(4) Report.--Concurrent with the submission of each
budget of the President under section 1105(a) of title
31, United States Code, during the period preceding the
date specified in paragraph (5), the official
designated under paragraph (1) shall submit to the
congressional defense committees a report on the
actions taken by the official to carry out the duties
set forth under paragraph (2).
(5) Termination.--The authority of this subsection
shall terminate on the date that is three years after
the date on which the official designated under
paragraph (1) determines that the integrated missile
defense system described in paragraph (2) has achieved
initial operational capability.
(c) Procurement.--
(1) Requirement.--Except as provided by paragraph
(2), not later than December 31, 2023, the Secretary of
Defense, acting through the Director of the Missile
Defense Agency, shall rapidly procure and field up to
three vertical launching systems that can accommodate
planned interceptors operated by the Navy (that do not
require major modification or integration into the
existing missile defense system), as of the date of
enactment of this Act.
(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) if--
(A) the Secretary determines that the waiver
is in the best interest of the national
security of the United States;
(B) the Secretary submits to the
congressional defense committees a notification
of such waiver, including a justification; and
(C) a period of 120 days has elapsed
following the date of such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION
OF REPORT ON IMPLEMENTATION OF THE CRUISE MISSILE
DEFENSE ARCHITECTURE FOR THE HOMELAND.
(a) Finding.--Congress finds that the Deputy Secretary of
Defense made the determination that the Department of the Air
Force has acquisition authority with respect to the capability
to defend the homeland from cruise missiles, as required by
section 1684(e) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4205 note).
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force, in
coordination with the Commander of the United States Northern
Command, shall submit to the congressional defense committees a
report on the implementation of the cruise missile defense
architecture for the homeland, including--
(1) the architecture planned to meet the requirements
of the United States Northern Command and the North
American Aerospace Defense Command, including a
schedule for capabilities being developed and deployed;
(2) a list of all programs of record of the Air Force
that contribute to such architecture; and
(3) funding profile by year across the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, to
develop, deploy, operate, and sustain such
architecture.
(c) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023
for the Department of the Air Force for travel by the Secretary
of the Air Force, not more than 95 percent may be obligated or
expended until the date on which the Secretary of the Air Force
submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT HYPERSONIC
MISSILE THREATS.
(a) Requirement.--Not later than March 1, 2023, the Secretary
of Defense, acting through the Director of the Missile Defense
Agency, shall submit to the congressional defense committees a
comprehensive layered strategy to use asymmetric capabilities
to defeat hypersonic missile threats.
(b) Elements.--The strategy under subsection (a) shall--
(1) address all asymmetric capabilities of the United
States, including with respect to--
(A) directed energy, as described in section
1664 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 205 note) and including short-pulse
laser technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined
appropriate by the Secretary and Director; and
(2) identify the funding required to implement the
strategy during the period covered by the future-years
defense program submitted to Congress under section 221
of title 10, United States Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM DATA TO
CERTAIN ALLIES AND PARTNERS OF THE UNITED STATES.
(a) Plan.--The Secretary of Defense, with the concurrence of
the Secretary of State and the Director of National
Intelligence, shall develop a technical fielding plan to
deliver information under the Shared Early Warning System
regarding a current or imminent missile threat to allies and
partners of the United States that, as of the date of the plan,
do not receive such information.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on how rapid
technical fielding of the Shared Early Warning System could be
provided to allies and partners of the United States that--
(1) are not member states of the North Atlantic
Treaty Organization; and
(2) are under current or imminent hostile aggression
and threat of missile attack.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.
Not later than 30 days after the date of the enactment of
this Act, and on a quarterly basis thereafter until the date on
which the next generation interceptor achieves initial
operating capability, the Director of the Missile Defense
Agency, with the concurrence of the Commander of the United
States Northern Command, shall submit to the congressional
defense committees a report that includes the following:
(1) An identification of the number of ground-based
interceptors operationally available to the Commander.
(2) If such number is different from the report
previously submitted under this section, the reasons
for such difference.
(3) Any anticipated changes to such number during the
period covered by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
Not later than March 31, 2023, the Secretary of Defense,
acting through the Director of the Missile Defense Agency and
in coordination with the Commander of the United States
Northern Command, shall submit to the congressional defense
committees a report containing--
(1) an updated assessment of the requirement for a
missile defense interceptor site in the contiguous
United States; and
(2) a funding profile, by year, of the total costs
for the development and construction of such site,
considering the designation of Fort Drum, New York, as
the conditionally designated preferred site.
Subtitle E--Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $354,394,000 authorized to be
appropriated to the Department of Defense for fiscal year 2023
in section 301 and made available by the funding table in
division D for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination,
$6,859,000.
(2) For chemical security and elimination,
$14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administration Costs, $30,763,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS OF THE WHITE
HOUSE MILITARY OFFICE.
(a) Membership on Council on Oversight of the National
Leadership Command, Control, and Communications System.--
Section 171a(b) of title 10, United States Code, is amended
by--
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new
paragraph (7):
``(7) The Director of the White House Military
Office.''.
(b) Portfolio Manager.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall designate a senior official to coordinate
and advocate for the portfolio of national level programs of
the Department of Defense that are either or both--
(1) in direct support of requirements from the White
House Military Office; or
(2) operationally relevant to the mission areas of
the White House Military Office.
(c) Accessibility of Information.--The programmatic and
budgetary information required to assess the efficacy of the
national level programs covered by subsection (b) shall be
provided to the senior official designated under such
subsection by the following officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program
Evaluation.
(d) Annual Briefing.--Not later than 30 days after the date
on which the President submits to Congress a budget for each of
fiscal years 2024 through 2027 pursuant to section 1105(a) of
title 31, United States Code, the Under Secretary of Defense
for Acquisition and Sustainment, acting through the senior
official designated under subsection (b), and the personnel of
the White House Military Office that the Director of the White
House Military Office determines appropriate shall jointly
provide to the congressional defense committees a briefing on
acquisition programs, plans, and other activities supporting
the requirements of the White House Military Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING PROCEDURES.
(a) Mechanism for Authorized Reporting.--
(1) Establishment.--The Secretary of Defense, acting
through the head of the Office and in consultation with
the Director of National Intelligence, shall establish
a secure mechanism for authorized reporting of--
(A) any event relating to unidentified
anomalous phenomena; and
(B) any activity or program by a department
or agency of the Federal Government or a
contractor of such a department or agency
relating to unidentified anomalous phenomena,
including with respect to material retrieval,
material analysis, reverse engineering,
research and development, detection and
tracking, developmental or operational testing,
and security protections and enforcement.
(2) Protection of systems, programs, and activity.--
The Secretary shall ensure that the mechanism for
authorized reporting established under paragraph (1)
prevents the unauthorized public reporting or
compromise of classified military and intelligence
systems, programs, and related activity, including all
categories and levels of special access and
compartmented access programs.
(3) Administration.--The Secretary shall ensure that
the mechanism for authorized reporting established
under paragraph (1) is administered by designated and
appropriately cleared employees of the Department of
Defense or elements of the intelligence community or
contractors of the Department or such elements assigned
to the Office.
(4) Sharing of information.--
(A) Prompt sharing within office.--The
Secretary shall ensure that the mechanism for
authorized reporting established under
paragraph (1) provides for the sharing of an
authorized disclosure to personnel and
supporting analysts and scientists of the
Office (regardless of the classification of
information contained in the disclosure or any
nondisclosure agreements), unless the employees
or contractors administering the mechanism
under paragraph (3) conclude that the
preponderance of information available
regarding the disclosure indicates that the
observed object and associated events and
activities likely relate to a special access
program or compartmented access program that,
as of the date of the disclosure, has been
explicitly and clearly reported to the
congressional defense committees or the
congressional intelligence committees, and is
documented as meeting those criteria.
(B) Congressional notification.--Not later
than 72 hours after determining that an
authorized disclosure relates to a restricted
access activity, a special access program, or a
compartmented access program that has not been
explicitly and clearly reported to the
congressional defense committees or the
congressional intelligence committees, the
Secretary shall report such disclosure to such
committees and the congressional leadership.
(5) Initial report and publication.--Not later than
180 days after the date of the enactment of this Act,
the Secretary, acting through the head of the Office
and in consultation with the Director of National
Intelligence, shall--
(A) submit to the congressional defense
committees, the congressional intelligence
committees, and the congressional leadership a
report detailing the mechanism for authorized
reporting established under paragraph (1); and
(B) issue clear public guidance for how to
securely access the mechanism for authorized
reporting.
(b) Protection for Individuals Making Authorized
Disclosures.--
(1) Authorized disclosures.--An authorized
disclosure--
(A) shall not be subject to a nondisclosure
agreement entered into by the individual who
makes the disclosure;
(B) shall be deemed to comply with any
regulation or order issued under the authority
of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security
information) or chapter 18 of the Atomic Energy
Act of 1954 (42 U.S.C. 2271 et seq.); and
(C) is not a violation of section 798 of
title 18, United States Code, or other
provision of law relating to the disclosure of
information.
(2) Prohibition on reprisals.--
(A) Protection.--An employee of a department
or agency of the Federal Government, or of a
contractor, subcontractor, grantee, subgrantee,
or personal services contractor of such a
department or agency, who has authority to
take, direct others to take, recommend, or
approve any personnel action, shall not, with
respect to such authority, take or fail to
take, or threaten to take or fail to take, a
personnel action, including the revocation or
suspension of security clearances, or
termination of employment, with respect to any
individual as a reprisal for any authorized
disclosure.
(B) Procedures.--The Secretary of Defense and
the Director of National Intelligence shall
establish procedures for the enforcement of
subparagraph (A) consistent with, as
appropriate, section 1034 of title 10, United
States Code, section 1104 of the National
Security Act of 1947 (50 U.S.C. 3234), or other
similar provisions of law regarding prohibited
personnel actions.
(3) Nondisclosure agreements.--
(A) Identification.--The Secretary of
Defense, the Director of National Intelligence,
the Secretary of Homeland Security, the heads
of such other departments and agencies of the
Federal Government that have supported
investigations of the types of events covered
by subparagraph (A) of subsection (a)(1) and
activities and programs described in
subparagraph (B) of such subsection, and
contractors of the Federal Government that have
supported or are supporting such activities and
programs, shall conduct comprehensive searches
of all records relating to nondisclosure orders
relating to the types of events described in
subsection (a) and provide copies of such
orders, agreements, or obligations to the
Office.
(B) Submission to congress.--The head of the
Office shall--
(i) make the records compiled under
subparagraph (A) accessible to the
congressional defense committees, the
congressional intelligence committees,
and the congressional leadership; and
(ii) not later than September 30,
2023, and at least once each fiscal
year thereafter through fiscal year
2026, provide to such committees and
congressional leadership briefings and
reports on such records.
(c) Annual Reports.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is
amended--
(1) by striking ``aerial'' each place it appears and
inserting ``anomalous'';
(2) in subsection (h)--
(A) in paragraph (1), by inserting ``and the
congressional leadership'' after ``appropriate
congressional committees''; and
(B) in paragraph (2), by adding at the end
the following new subparagraph:
``(Q) A summary of the reports received using
the mechanism for authorized reporting
established under section 1673 of the James M.
Inhofe National Defense Authorization Act for
Fiscal Year 2023.''; and
(3) in subsection (l)--
(A) by redesignating paragraphs (2) through
(5) as paragraphs (3) through (6),
respectively; and
(B) by inserting after paragraph (1) the
following new paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of
Representatives; and
``(D) the minority leader of the House of
Representatives.''.
(d) Definitions.--In this section:
(1) The term ``authorized disclosure'' means a report
of any information through, and in compliance with, the
mechanism for authorized reporting established pursuant
to subsection (a)(1).
(2) The term ``congressional intelligence
committees'' has the meaning given such term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
(3) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of
Representatives; and
(D) the minority leader of the House of
Representatives.
(4) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(5) The term ``nondisclosure agreement'' means any
written or oral nondisclosure agreement, order, or
other instrumentality or means entered into by an
individual that could be interpreted as a legal
constraint on the individual making an authorized
disclosure.
(6) The term ``Office'' means the All-domain Anomaly
Resolution Office established pursuant to section
1683(a) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(a)).
(7) The term ``personnel action'' has the meaning
given such term in section 1104(a) of the National
Security Act of 1947 (50 U.S.C. 3234(a)).
(8) The term ``unidentified anomalous phenomena'' has
the meaning given such term in section 1683(n) of the
National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373(l)).
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED FORCES TO ADDRESS
HARD AND DEEPLY BURIED TARGETS.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Chairman of the Joint Chiefs of Staff,
the Commander of the United States Strategic Command, and the
Administrator for Nuclear Security, and in consultation with
the Director of National Intelligence, shall submit to the
congressional defense committees a study on options to hold at
risk hard and deeply buried targets.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An analysis of the current and emerging hard and
deeply buried target mission set and associated
military requirements, including--
(A) the number and locations of the targets,
including facilities designed for the storage
or manufacture of nuclear, chemical, or
biological weapons and the precursors of such
weapons;
(B) an identification of likely future
trajectories in the worldwide use and
proliferation of hard and deeply buried
targets;
(C) the associated military requirements,
including the importance of effectively holding
hard and deeply buried targets at risk in order
to meet the national security objectives of the
United States; and
(D) an evaluation of the sufficiency of
current and planned nuclear and nonnuclear
military capabilities to satisfy such
requirements.
(2) An evaluation of weapons programs that would
allow the Armed Forces to effectively hold hard and
deeply buried targets at risk, including--
(A) any nuclear or nonnuclear weapon and
delivery system the Secretary determines
appropriate, including the cost, timeline for
fielding, and likely effectiveness of any
capability under consideration; and
(B) an assessment of a service life extension
or modification program of the B83 nuclear
gravity bomb as one of the options.
(3) A proposed strategy for fielding such
capabilities in sufficient quantities and making other
adjustments to the strategy and plans of the United
States to account for the growing hard and deeply
buried target set, including--
(A) the resources, research and development
efforts, and capability options needed; and
(B) a five-year funding profile for, at a
minimum--
(i) a preferred capability; and
(ii) an alternative capability
evaluated under paragraph (2) that
meets the requirements under paragraph
(1).
(c) Form.--The study under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Briefing.--Not later than 30 days after the date on which
the Secretary completes the study under subsection (a), the
Secretary shall provide the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
findings and recommendations of the study.
(e) Limitation on Use of Funds.--Except as provided by
subsection (f), none of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023
for the Department of Defense or the Department of Energy for
the deactivation, dismantlement, or retirement of the B83-1
nuclear gravity bomb may be obligated or expended to
deactivate, dismantle, or retire more than 25 percent of the
B83-1 nuclear gravity bombs that were in the active stockpile
as of September 30, 2022, until 90 days after the Secretary
submits to the Committees on Armed Services of the Senate and
the House of Representatives the study under subsection (a).
(f) Exception.--The limitation on the use of funds under
subsection (e) shall not apply to the deactivation,
dismantling, or retirement of B83-1 nuclear gravity bombs for
the purpose of supporting safety and surveillance, sustainment,
life extension, or modification programs for the B83-1 or other
weapons currently in, or planned to become part of, the nuclear
weapons stockpile of the United States.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity needs for munitions production and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS.
(a) Briefing on Fulfillment of Munitions Requirements.--Not
later than 30 days after the date of the enactment of this Act,
the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff shall provide to the congressional defense committees
a briefing regarding the current process for fulfilling the
requirements of section 222c of title 10, United States Code,
including a description of the timeliness of the process and
any standardization of such process across the Department of
Defense.
(b) Briefing on Revision of Requirements.--Not later than 30
days after the date of the enactment of this Act, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall
provide to the congressional defense committees a briefing
regarding the timeline for revision of munitions requirements
generated by section 222c of title 10, United States Code as a
result of actions taken in response to the conflict in Ukraine.
(c) Additional Report Requirements on Out-Year Unconstrained
Total Munitions Requirements and Out-Year Inventory Numbers.--
Section 222c of title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the
following new paragraph:
``(8) Requirement for Protracted Warfare Scenarios,
calculated by doubling the duration of each applicable
operation plan.'';
(2) by redesignating subsection (e) as subsection
(f); and
(3) by inserting after subsection (d) the following
new subsection:
``(e) Additional Requirements.--Each report required under
subsection (a) shall include the following:
``(1) The number of years required to meet the Out-
Year Unconstrained Total Munitions Requirement at the
rate requested for the fiscal year covered by the
report.
``(2) The average rate of procurement during the
three-year period preceding the date of the submission
of the report, and the number of years required to meet
the Out-Year Unconstrained Total Munitions Requirement
at such three-year average rate.
``(3) The additional amount of funding that would be
required, for each fiscal year, to meet the Out-Year
Unconstrained Total Munitions Requirement for each
munition by the end of the period covered by the most
recent future-years defense program submitted to
Congress pursuant to section 221 of this title.''.
(d) Annual Report on Industrial Base Constraints for
Munitions.--
(1) In general.--Chapter 9 of title 10, United States
Code, is amended by inserting after section 222c the
following new section:
``Sec. 222d. Annual report on industrial base constraints for munitions
``(a) In General.--Not later than 30 days after the
submission of all reports required under section 222c(a) of
this title, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the service acquisition
executive of each military department, shall submit to the
congressional defense committees a report detailing the
industrial base constraints for each munition identified in the
Out-Year Unconstrained Total Munitions Requirement.
``(b) Elements.--The report required under subsection (a)
shall include the following elements, broken down by munition:
``(1) Programmed purchase quantities per year.
``(2) Average procurement unit cost per year.
``(3) Contract type.
``(4) Current minimum sustaining rate of production
per month and year.
``(5) Current maximum rate of production per month
and year.
``(6) Expected date to meet the Out-Year
Unconstrained Total Munitions Requirement in section
222c of this title under the programmed purchase
quantities established for the period covered by the
report.
``(7) A description of industrial base constraints on
increased production of each munition, including any
supply chain weaknesses.
``(8) A description of investments or policy changes
made by a defense contractor or by the United States
Government to increase production, enable more
efficient production, or mitigate significant loss of
stability in potential production.
``(9) A description of potential investments or
policy changes identified by a defense contractor or
the United States Government to increase munitions
production, enable more efficient production, or
mitigate significant loss of stability in potential
production, including--
``(A) direct investments in test and tooling
equipment, workforce development, or
improvements to existing production facilities;
``(B) a pool of rotable critical components
or subcomponents for munitions;
``(C) multiyear contracts or other
contracting strategies;
``(D) direct investments in components,
subcomponents, or raw materials commonly used
across the industrial base;
``(E) direct investments in additive
manufacturing or expeditionary manufacturing
capabilities;
``(F) direct investments in simplification of
supply chains; and
``(G) direct investments in technologies or
methods to enable increased scalability and
reduced complexity of production processes for
current or future munitions.
``(10) A list of each contract for a munition with a
priority rating of `critical to national defense'
(commonly referred to as a `DO-rated order') or a
priority rating of `highest national defense urgency'
(commonly referred to as a `DX-rated order') in the
Defense Priorities and Allocation System pursuant to
part 700 of title 15, Code of Federal Regulations (or
any successor regulation).
``(11) A prioritized list of munitions judged to have
high value for export for which additional investments
would be necessary to enable export, including a
description of such investments required.
``(12) A list of munitions subject to the
requirements of chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) relating to foreign
military sales that are anticipated to be exported
based on developments in the conflict in Ukraine.
``(c) Munition Defined.--In this section, the term `munition'
has the meaning given by the Under Secretary of Defense for
Acquisition.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States Code,
is amended by inserting after the item relating to
section 222c the following new item:
``222d. Annual report on industrial base constraints for munitions.''.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.
Section 114(c)(1) of title 10, United States Code, is amended
by striking ``$2,500,000,000'' and inserting
``$3,500,000,000''.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF
WEAPONS PROVIDED TO UKRAINE.
(a) Briefings on Covered Systems.--The Secretary of Defense
shall provide to the congressional defense committees quarterly
briefings on the progress of the Department of Defense toward--
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered
systems; and
(3) increasing the resilience of the production
capacity of covered systems.
(b) Grouping of Covered Systems.--For each briefing required
under subsection (a), the Secretary of Defense may group
covered systems together based on the relevant capabilities of
such covered systems.
(c) Elements.--Each briefing required under subsection (a)
shall include, with respect to the period covered by such
briefing, the following:
(1) A description of any reprogramming carried out in
accordance with established procedures for each covered
system, with appropriate notation for--
(A) the number of the replenishment tranche;
and
(B) a determination of whether each such
reprogramming--
(i) replaces covered systems;
(ii) expands production capacity of
covered systems; or
(iii) increases the resilience of the
production capacity of covered systems.
(2) A description of obligations applied to each
covered system and expected timeline for future
obligations.
(3) A description of current and future production
capacity for each covered system, broken down by month
and calendar year.
(4) A description of expected delivery of covered
systems to the Department of Defense.
(5) To the extent practicable, with respect to the
total number of covered systems provided during the
period covered by the briefing, an estimate for the
timing of the delivery of at least 50 percent of the
replenishment articles for a covered system and the
delivery of 100 percent of such replenishment articles,
compared to the number of covered systems provided.
(6) A description of overall actual and expected
obligation rates for all reprogrammings applied to
covered systems.
(7) A description of any other investments made that
significantly affect the replenishment timeline or
production capacity of the covered systems.
(8) A description of remaining industrial base risks
or opportunities for increased competition for each
covered system and detailed options to mitigate such
risks or expand competition, including any changes
necessary to authorities to enable risk reduction or
expanded competition.
(9) To the extent practicable, a comparison of the
expected inventory of covered systems over the next 5
years compared to the requirements set forth under
section 222c of title 10, United States Code.
(d) Briefings on Stocks of Allies and Partners.--The
Secretary of Defense shall provide to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate quarterly briefings that include the following:
(1) A timeline and budgetary estimate for developing
and procuring replacement stocks of covered systems for
allies and partner countries of the United States.
(2) An update on the efforts of the Department to
work with such allies and partner countries to advance
the replenishment of munitions stocks for such allies
and partners that have provided, or are contemplating
providing, such stocks to Ukraine.
(e) Termination.--This section and the requirements of this
section shall terminate on December 31, 2026.
(f) Covered System Defined.--In this section, the term
``covered system'' means any system provided to the Government
of Ukraine pursuant to any of the following:
(1) Section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318).
(2) Section 614 of the Foreign Assistance Act of 1961
(22 U.S.C. 2364).
(3) The Ukraine Security Assistance Initiative
established under section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1068), including as amended by this Act,
if such system was provided to Ukraine after February
24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES FOR
PATRIOT AIR AND MISSILE DEFENSE BATTALIONS.
(a) Assessment.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Army shall
assess and validate the current and projected battalion and
interceptor requirements and acquisition objectives for the
Patriot air and missile defense system and Patriot advanced
capability-3 missile segment enhancement missiles to determine
whether such requirements and objectives are sufficient to meet
the requests for forces, war plans, and contingency
requirements of the commanders of the geographic combatant
commands.
(b) Report.--Not later than 30 days after the date on which
the Secretary completes the assessment under subsection (a),
the Secretary shall submit to the congressional defense
committees a report on the assessment, including whether the
requirements and acquisition objectives described in such
subsection--
(1) are sufficient to meet the requests for forces,
war plans, and contingency requirements of the
commanders of the geographic combatant commands; and
(2) are valid or should be modified.
(c) Authority.--Subject to the availability of appropriations
for such purpose, the Secretary of the Army may procure up to
four additional Patriot air and missile defense battalions to
achieve a total of up to 20 such battalions.
SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE CAPABILITY
AND CAPACITY NEEDS FOR MUNITIONS PRODUCTION AND
STOCKPILING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with an appropriate federally funded
research and development center for the conduct of a detailed
independent analysis of the extent to which the process used by
the chief of staff of an armed force to implement the Out-Year
Unconstrained Total Munitions Requirement required under
section 222c of title 10, United States Code, properly accounts
for current and future requirements for the weapons described
in subsection (c). Such an agreement shall provide that an
analysis conducted pursuant to the agreement shall be completed
within 180 days after the date on which such agreement was
entered into.
(b) Matters for Consideration.--An analysis conducted
pursuant to an agreement under subsection (a) shall include a
consideration of each of the following with respect to each
weapon described in subsection (c):
(1) The sufficiency of efforts to implement section
222c of title 10, United States Code, including--
(A) whether the views of the commanders of
each combatant command are adequately
represented;
(B) whether contributions by allies and
partner countries are adequately represented;
(C) whether excursions beyond the operational
plans, including the potential of protracted
warfare, are adequately represented;
(D) the potential of simultaneous conflicts;
and
(E) the degree to which the elements of
section 222c(c) of title 10, United States
Code, are appropriate functional categories.
(2) Any recommendations that could be beneficial to
the overall implementation of such section 222c.
(c) Weapons Described.--The weapons described in this
subsection are the following:
(1) Evolved sea sparrow missile.
(2) MK-48 heavyweight torpedo.
(3) Standard missile variants (including standard
missile-6, standard missile-3 block IIA, and standard
missile-3 block IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the
multiple-launch rocket system (MLRS) or the high
mobility artillery rocket system (HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)-9X-Sidewinder.
(10) AIM-120D--Advanced medium range air-to-air
missile (AMRAAM).
(11) Air to ground (AGM)-114--hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended
range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) Any other weapon that the Secretary of Defense
or the federally funded research and development center
determine should be included in the analysis.
(d) Report.--
(1) In general.--Not later than 210 days after
entering into an agreement under subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees--
(A) a complete independent assessment of the
analysis completed pursuant to the agreement;
and
(B) any views from the Department of Defense
the Secretary chooses to include.
(2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as
the ``Military Construction Authorization Act for Fiscal Year
2023''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2026.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2026 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES
TO TABLES OF SECTIONS, TABLES OF CONTENTS, AND
SIMILAR TABULAR ENTRIES.
(a) Effective Date.--Titles XXI through XXVII shall take
effect on the later of--
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) Elimination of Need for Certain Separate Conforming
Amendments.--
(1) Automatic execution of conforming changes.--When
an amendment made by a provision of this division to a
covered defense law adds a section or larger
organizational unit to the covered defense law, repeals
or transfers a section or larger organizational unit in
the covered defense law, or amends the designation or
heading of a section or larger organizational unit in
the covered defense law, that amendment also shall have
the effect of amending any table of sections, table of
contents, or similar table of tabular entries in the
covered defense law to alter the table to conform to
the changes made by the amendment.
(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
(A) the amendment, or a separate clerical
amendment enacted at the same time as the
amendment, expressly amends a table of
sections, table of contents, or similar table
of tabular entries in the covered defense law
to alter the table to conform to the changes
made by the amendment; or
(B) the amendment otherwise expressly exempts
itself from the operation of this section.
(3) Covered defense law defined.--In this subsection,
the term ``covered defense law'' means--
(A) titles 10, 32, and 37 of the United
States Code;
(B) any national defense authorization Act or
military construction authorization Act that
authorizes funds to be appropriated for a
fiscal year to the Department of Defense; and
(C) any other law designated in the text
thereof as a covered defense law for purposes
of application of this section.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019
project at Camp Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain
fiscal year 2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $102,000,000
Alaska......................................... Fort Wainwright............................... $99,000,000
Colorado....................................... Fort Carson................................... $14,200,000
Hawaii......................................... Fort Shafter.................................. $33,000,000
Schofield Barracks............................ $159,000,000
Tripler Army Medical Center................... $38,000,000
Louisiana...................................... Fort Polk..................................... $32,000,000
Maryland....................................... Aberdeen Proving Ground....................... $85,000,000
Mississippi.................................... Engineer Research and Development Center...... $20,000,000
New Jersey..................................... Picatinny Arsenal............................. $15,654,000
New York....................................... Fort Drum..................................... $3,600,000
North Carolina................................. Fort Bragg.................................... $34,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $38,000,000
Texas.......................................... Corpus Christi Army Depot..................... $103,000,000
Fort Bliss.................................... $15,000,000
Fort Hood..................................... $19,000,000
Washington..................................... Joint Base Lewis-McChord...................... $49,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ East Camp Grafenwoehr......................... $168,000,000
Japan.......................................... Kadena Air Force Base......................... $80,000,000
Kwajalein..................................... Kwajalein Atoll.............................. $69,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installation, in the number of units or for the purpose, and in
the amount set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $81,000,000
Construction............
Italy.................................. Vincenza................... Family Housing New $95,000,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in
the funding table in section 4601, the Secretary of the Army
may carry out architectural and engineering services and
construction design activities with respect to the construction
or improvement of family housing units in an amount not to
exceed $17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2022, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR QUARTERS 4,
13, AND 15.
Not later than one year after the date on which all the
individuals occupying District of Columbia Fort McNair Quarters
4, 13, and 15, as of the date of the enactment of this Act,
have moved out of such Quarters, the Secretary of the Army
shall demolish such Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2019
PROJECT AT CAMP TANGO, KOREA.
In the case of the authorization contained in the table in
section 2101(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2242) for Camp Tango, Korea, for
construction of a command and control facility at the
installation, the Secretary of the Army may increase scope for
a dedicated, enclosed egress pathway out of the underground
facility to facilitate safe escape in case of fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECTS.
(a) Extension of Authority to Carry Out Certain Fiscal Year
2018 Projects.--
(1) Extension.--(A) Notwithstanding section 2002 of
the Military Construction Authorization Act for Fiscal
Year 2018 (division B of Public Law 115-91; 131 Stat.
1817), the authorization set forth in the table in
subparagraph (B), as provided in section 2101(b) of
that Act (131 Stat. 1819), shall remain in effect until
October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal
year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as
follows:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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.
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