[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 2 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
50-665 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
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.
Section 308 of the Homeland Security Act of 2002 (6 U.S.C.
188) is amended by adding at the end the following new
subsection:
``(d) Preference for United States Industry.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country
of concern' means a country that--
``(i) is a covered nation, as such
term is defined in section 4872(d) of
title 10, United States Code; or
``(ii) the Secretary determines is
engaged in conduct that is detrimental
to the national security of the United
States.
``(B) Nonprofit organization; small business
firm; subject invention.--The terms `nonprofit
organization', `small business firm', and
`subject invention' have the meanings given
such terms in section 201 of title 35, United
States Code.
``(C) Manufactured substantially in the
united states.--The term `manufactured
substantially in the United States' means an
item is a domestic end product.
``(D) Domestic end product.--The term
`domestic end product' has the meaning given
such term in section 25.003 of title 48, Code
of Federal Regulations, or any successor
thereto.
``(3) Waivers.--
``(A) In general.--Subject to subparagraph
(B), in individual cases, the requirements
under section 204 of title 35, United States
Code, may be waived by the Secretary upon a
showing by the small business firm, nonprofit
organization, or assignee that reasonable but
unsuccessful efforts have been made to grant
licenses on similar terms to potential
licensees that would be likely to manufacture
substantially in the United States or that
under the circumstances domestic manufacture is
not commercially feasible.
``(B) Conditions on waivers granted by
department.--
``(i) Before grant of waiver.--Before
granting a waiver under subparagraph
(A), the Secretary shall comply with
the procedures developed and
implemented by the Department pursuant
to section 70923(b)(2) of the Build
America, Buy America Act (enacted as
subtitle A of title IX of division G of
Public Law 117-58).
``(ii) Prohibition on granting
certain waivers.--The Secretary may not
grant a waiver under subparagraph (A)
if, as a result of such waiver,
products embodying the applicable
subject invention, or produced through
the use of the applicable subject
invention, would be manufactured
substantially in a country of
concern.''.
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.), as amended by
subtitle A, is further amended by adding at the end the
following new section:
``SEC. 890D. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department
a mentor-protege program (in this section referred to as the
`Program') under which a mentor firm enters into an agreement
with a protege firm for the purpose of assisting the protege
firm to compete for prime contracts and subcontracts of the
Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a firm
is not included on any list maintained by the Federal
Government of contractors that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization
of the Department, shall establish a process for
submission of an application jointly by a mentor firm
and the protege firm selected by the mentor firm. The
application shall include each of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the
extent available, the number and a brief
description of each anticipated subcontract to
be awarded to the protege firm.
``(B) A schedule with milestones for
achieving the assistance to be provided over
the period of participation in the Program.
``(C) An estimate of the costs to be incurred
by the mentor firm for providing assistance
under the Program.
``(D) Attestations that Program participants
will submit to the Secretary reports at times
specified by the Secretary to assist the
Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants
will inform the Secretary in the event of a
change in eligibility or voluntary withdrawal
from the Program.
``(2) Approval.--Not later than 60 days after receipt
of an application pursuant to paragraph (1), the head
of the Office of Small and Disadvantaged Business
Utilization shall notify applicants of approval or, in
the case of disapproval, the process for resubmitting
an application for reconsideration.
``(3) Rescission.--The head of the Office of Small
and Disadvantaged Business Utilization may rescind the
approval of an application under this subsection if it
determines that such action is in the best interest of
the Department.
``(d) Program Duration.--A mentor firm and protege firm
approved under subsection (c) shall enter into an agreement to
participate in the Program for a period of not less than 36
months.
``(e) Program Benefits.--A mentor firm and protege firm that
enter into an agreement under subsection (d) may receive the
following Program benefits:
``(1) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive evaluation credit for participating in the
Program.
``(2) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive credit for a protege firm performing as a first
tier subcontractor or a subcontractor at any tier in an
amount equal to the total dollar value of any
subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical,
managerial, financial, or any other mutually agreed
upon benefit from a mentor firm, including a
subcontract award.
``(f) Reporting.--Not later than one year after the date of
the enactment of this section and annually thereafter, the head
of the Office of Small and Disadvantaged Business Utilization
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland
Security and the Committee on Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm
and a protege firm entered into under this section,
including the number of protege firm participants that
are--
``(A) small business concerns;
``(B) small business concerns owned and
controlled by veterans;
``(C) small business concerns owned and
controlled by service-disabled veterans;
``(D) qualified HUBZone small business
concerns;
``(E) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
``(F) small business concerns owned and
controlled by women;
``(G) historically Black colleges and
universities; and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by
mentor firms to protege firms;
``(3) identifies contracts within the Department in
which a mentor firm serving as the prime contractor
provided subcontracts to a protege firm under the
Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical
capabilities of protege firms; and
``(B) an increase in the quantity and
estimated value of prime contract and
subcontract awards to protege firms for the
period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program
carried out by or requiring approval of the Small Business
Administration or adopt or follow any regulation or policy that
the Administrator of the Small Business Administration may
promulgate, except that, to the extent that any provision of
this section (including subsection (h)) conflicts with any
other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The
term `historically Black college or university' has the
meaning given the term `part B institution' in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
``(2) Mentor firm.--The term `mentor firm' means a
for-profit business concern that is not a small
business concern that--
``(A) has the ability to assist and commits
to assisting a protege to compete for Federal
prime contracts and subcontracts; and
``(B) satisfies any other requirements
imposed by the Secretary.
``(3) Minority-serving institution.--The term
`minority-serving institution' means an institution of
higher education described in section 317 of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a
small business concern, a historically Black college or
university, or a minority-serving institution that--
``(A) is eligible to enter into a prime
contract or subcontract with the Department;
and
``(B) satisfies any other requirements
imposed by the Secretary.
``(5) Small business act definitions.--The terms
`small business concern', `small business concern owned
and controlled by veterans', `small business concern
owned and controlled by service-disabled veterans',
`qualified HUBZone small business concern', `and small
business concern owned and controlled by women' have
the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632).
The term `small business concern owned and controlled
by socially and economically disadvantaged individuals'
has the meaning given such term in section 8(d)(3)(C)
of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 890C (as added by
subtitle A) the following new item:
``Sec. 890D. Mentor-protege program.''.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.
(a) Establishment of the Council.--
(1) Definitions.--In this subsection:
(A) Council.--The term ``Council'' means the
council established under paragraph (2).
(B) Department.--The term ``Department''
means the Department of Homeland Security.
(C) Economic security.--The term ``economic
security'' has the meaning given such term in
section 890B(c)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 474(c)(2)).
(D) Secretary.--The term ``Secretary'' means
the Secretary of Homeland Security.
(2) Establishment.--In accordance with the mission of
the Department under section 101(b) of the Homeland
Security Act of 2002 (6 U.S.C. 111(b)), and in
particular paragraph (1)(F) of such section, the
Secretary shall establish a standing council of
Department component heads or their designees, to carry
out the duties described in paragraph (3).
(3) Duties of the council.--Pursuant to the scope of
the mission of the Department as described in paragraph
(2), the Council shall provide to the Secretary advice
and recommendations on matters of economic security,
including relating to the following:
(A) Identifying concentrated risks for trade
and economic security.
(B) Setting priorities for securing the trade
and economic security of the United States.
(C) Coordinating Department-wide activity on
trade and economic security matters.
(D) With respect to the development of the
continuity of the economy plan of the President
under section 9603 of the William M. (Mac)
Thornberry National Defense Authorization Act
of Fiscal Year 2021 (6 U.S.C. 322).
(E) Proposing statutory and regulatory
changes impacting trade and economic security.
(F) Any other matters the Secretary considers
appropriate.
(4) Chair and vice chair.--The Under Secretary for
Strategy, Policy, and Plans of the Department--
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice
Chair.
(5) Meetings.--The Council shall meet not less
frequently than quarterly, as well as--
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) Briefings.--Not later than 180 days after the
date of the enactment of this Act and every 180 days
thereafter for four years, the Council shall brief the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Homeland Security of
the House of Representatives, the Committee on Finance
of the Senate, the Committee on Ways and Means of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
Committee on Energy and Commerce of the House of
Representatives on the actions and activities of the
Council.
(b) Assistant Secretary.--Section 709 of the Homeland
Security Act of 2002 (6 U.S.C. 349) is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Assistant Secretary.--
``(1) In general.--There is established within the
Office of Strategy, Policy, and Plans an Assistant
Secretary, who shall assist the Secretary in carrying
out the duties under paragraph (2) and the
responsibilities under paragraph (3). Notwithstanding
section 103(a)(1), the Assistant Secretary established
under this paragraph shall be appointed by the
President without the advice and consent of the Senate.
``(2) Duties.--At the direction of the Secretary, the
Assistant Secretary established under paragraph (1)
shall be responsible for policy formulation regarding
matters relating to economic security and trade, as
such matters relate to the mission and the operations
of the Department.
``(3) Additional responsibilities.--In addition to
the duties specified in paragraph (2), the Assistant
Secretary established under paragraph (1), at the
direction of the Secretary, may--
``(A) oversee--
``(i) coordination of supply chain
policy; and
``(ii) assessments and reports to
Congress related to critical economic
security domains;
``(B) coordinate with stakeholders in other
Federal departments and agencies and
nongovernmental entities with trade and
economic security interests, authorities, and
responsibilities; and
``(C) perform such additional duties as the
Secretary or the Under Secretary of Strategy,
Policy, and Plans may prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The
term `critical economic security domain' means
any infrastructure, industry, technology, or
intellectual property (or combination thereof)
that is essential for the economic security of
the United States.
``(B) Economic security.--The term `economic
security' has the meaning given such term in
section 890B(c)(2).''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to affect or
diminish the authority otherwise granted to any other officer
of the Department of Homeland Security.
Subtitle C--Enhancing Cybersecurity Training and Operations
SEC. 7121. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to as
the ``Director'') of the Department of Homeland Security is
authorized to hold an annual cybersecurity competition to be
known as the ``Department of Homeland Security Cybersecurity
and Infrastructure Security Agency's President's Cup
Cybersecurity Competition'' (in this section referred to as the
``competition'') for the purpose of identifying, challenging,
and competitively awarding prizes, including cash prizes, to
the United States Government's best cybersecurity practitioners
and teams across offensive and defensive cybersecurity
disciplines.
(b) Eligibility.--To be eligible to participate in the
competition, an individual shall be a Federal civilian employee
or member of the uniformed services (as such term is defined in
section 2101(3) of title 5, United States Code) and shall
comply with any rules promulgated by the Director regarding the
competition.
(c) Competition Administration.--The Director may enter into
a grant, contract, cooperative agreement, or other agreement
with a private sector for-profit or nonprofit entity or State
or local government agency to administer the competition.
(d) Competition Parameters.--Each competition shall
incorporate the following elements:
(1) Cybersecurity skills outlined in the National
Initiative for Cybersecurity Education Framework, or
any successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive
cyber operations, such as software reverse engineering
and exploitation, network operations, forensics, big
data analysis, cyber analysis, cyber defense, cyber
exploitation, secure programming, obfuscated coding, or
cyber-physical systems.
(4) Any other elements related to paragraphs (1),
(2), or (3), as determined necessary by the Director.
(e) Use of Funds.--
(1) In general.--In order to further the goals and
objectives of the competition, the Director may use
amounts made available to the Director for the
competition for reasonable expenses for the following:
(A) Advertising, marketing, and promoting the
competition.
(B) Meals for participants and organizers of
the competition if attendance at the meal
during the competition is necessary to maintain
the integrity of the competition.
(C) Promotional items, including merchandise
and apparel.
(D) Consistent with section 4503 of title 5,
United States Code, necessary expenses for the
honorary recognition of competition
participants, including members of the
uniformed services.
(E) Monetary and nonmonetary awards for
competition participants, including members of
the uniformed services, subject to subsection
(f).
(2) Application.--This subsection shall apply to
amounts appropriated on or after the date of the
enactment of this Act.
(f) Prize Limitation.--
(1) Awards by the director.--The Director may make
one or more awards per competition, except that the
amount or value of each shall not exceed $10,000.
(2) Awards by the secretary of homeland security.--
The Secretary of Homeland Security may make one or more
awards per competition, except the amount or the value
of each shall not exceed $25,000.
(3) Regular pay.--A monetary award under this section
shall be in addition to the regular pay of the
recipient.
(4) Overall yearly award limit.--The total amount or
value of awards made under this Act during a fiscal
year may not exceed $100,000.
(g) Reporting Requirements.--The Director shall annually
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following with respect to each competition conducted in the
preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how
such lessons may be applied to improve cybersecurity
operations and recruitment of the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
SEC. 7122. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING
INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems
Cybersecurity Training Initiative (in this section
referred to as the `Initiative') is established within
the Agency.
``(2) Purpose.--The purpose of the Initiative is to
develop and strengthen the skills of the cybersecurity
workforce related to securing industrial control
systems.
``(b) Requirements.--In carrying out the Initiative, the
Director shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and
courses provided at no cost to participants;
``(B) trainings and courses available at
different skill levels, including introductory
level courses;
``(C) trainings and courses that cover cyber
defense strategies for industrial control
systems, including an understanding of the
unique cyber threats facing industrial control
systems and the mitigation of security
vulnerabilities in industrial control systems
technology; and
``(D) appropriate consideration regarding the
availability of trainings and courses in
different regions of the United States; and
``(2) engage in--
``(A) collaboration with the National
Laboratories of the Department of Energy in
accordance with section 309;
``(B) consultation with Sector Risk
Management Agencies;
``(C) as appropriate, consultation with
private sector entities with relevant
expertise, such as vendors of industrial
control systems technologies; and
``(3) consult, to the maximum extent practicable,
with commercial training providers and academia to
minimize the potential for duplication of other
training opportunities.
``(c) Reports.--
``(1) In general.--Not later than one year after the
date of the enactment of this section and annually
thereafter, the Director shall submit to the Committee
on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the Initiative.
``(2) Contents.--Each report submitted under
paragraph (1) shall include the following:
``(A) A description of the courses provided
under the Initiative.
``(B) A description of outreach efforts to
raise awareness of the availability of such
courses.
``(C) The number of participants in each
course.
``(D) Voluntarily provided information on the
demographics of participants in such courses,
including by sex, race, and place of residence.
``(E) Information on the participation in
such courses of workers from each critical
infrastructure sector.
``(F) Plans for expanding access to
industrial control systems education and
training, including expanding access to women
and underrepresented populations, and expanding
access to different regions of the United
States.
``(G) Recommendations regarding how to
strengthen the state of industrial control
systems cybersecurity education and
training.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2220D the
following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
Section 822 of the Homeland Security Act of 2002 (6 U.S.C.
383) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``In General'' and inserting ``In General;
Mission'';
(B) by striking ``2017 through 2022'' and
inserting ``2023 through 2028''; and
(C) by striking the second sentence and
inserting ``The Institute's mission shall be to
educate, train, and equip State, local,
territorial, and Tribal law enforcement
officers, prosecutors, and judges, as well as
participants in the United States Secret
Service's network of cyber fraud task forces
who are Federal employees, members of the
uniformed services, or State, local, Tribal, or
territorial employees, regarding the
investigation and prevention of cybersecurity
incidents, electronic crimes, and related
cybersecurity threats, including through the
dissemination of homeland security information,
in accordance with relevant Federal law
regarding privacy, civil rights, and civil
liberties protections.'';
(2) by amending subsection (b) to read as follows:
``(b) Curriculum.--In furtherance of subsection (a), all
education and training of the Institute shall be conducted in
accordance with relevant Federal law regarding privacy, civil
rights, and civil liberties protections. Education and training
provided pursuant to subsection (a) shall relate to the
following:
``(1) Investigating and preventing cybersecurity
incidents, electronic crimes, and related cybersecurity
threats, including relating to instances involving
illicit use of digital assets and emerging trends in
cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers,
mobile devices, and other information systems.
``(3) Prosecutorial and judicial considerations
related to cybersecurity incidents, electronic crimes,
related cybersecurity threats, and forensic
examinations of computers, mobile devices, and other
information systems.
``(4) Methods to obtain, process, store, and admit
digital evidence in court.''.
(3) in subsection (c)--
(A) by striking ``cyber and electronic crime
and related threats is shared with State,
local, tribal, and territorial law enforcement
officers and prosecutors'' and inserting
``cybersecurity incidents, electronic crimes,
and related cybersecurity threats is shared
with recipients of education and training
provided pursuant to subsection (a)''; and
(B) by adding at the end the following new
sentence: ``When selecting participants for
such training, the Institute shall prioritize,
to the extent reasonable and practicable,
providing education and training to individuals
from geographically-diverse jurisdictions
throughout the United States, and the Institute
shall prioritize, to the extent reasonable and
practicable, State, local, tribal, and
territorial law enforcement officers,
prosecutors, judges, and other employees.'';
(4) in subsection (d)--
(A) by striking ``State, local, tribal, and
territorial law enforcement officers'' and
inserting ``recipients of education and
training provided pursuant to subsection (a)'';
and
(B) by striking ``necessary to conduct cyber
and electronic crime and related threat
investigations and computer and mobile device
forensic examinations'' and inserting ``for
investigating and preventing cybersecurity
incidents, electronic crimes, and related
cybersecurity threats, and for forensic
examinations of computers, mobile devices, and
other information systems'';
(5) in subsection (e)--
(A) by amending the heading to read as
follows: ``Cyber Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and
inserting ``Cyber Fraud'';
(C) by striking ``State, local, tribal, and
territorial law enforcement officers'' and
inserting ``recipients of education and
training provided pursuant to subsection (a)'';
and
(D) by striking ``at'' and inserting ``by'';
and
(6) by inserting after subsection (f) the following
new subsections:
``(g) Expenses.--The Director of the United States Secret
Service may pay for all or a part of the education, training,
or equipment provided by the Institute, including relating to
the travel, transportation, and subsistence expenses of
recipients of education and training provided pursuant to
subsection (a).
``(h) Annual Reports to Congress.--
``(1) In general.--The Secretary shall include in the
annual report required under section 1116 of title 31,
United States Code, information regarding the
activities of the Institute, including, where possible,
the following:
``(A) An identification of jurisdictions with
recipients of the education and training
provided pursuant to subsection (a) during such
year.
``(B) Information relating to the costs
associated with that education and training.
``(C) Any information regarding projected
future demand for the education and training
provided pursuant to subsection (a).
``(D) Impacts of the activities of the
Institute on the capability of jurisdictions to
investigate and prevent cybersecurity
incidents, electronic crimes, and related
cybersecurity threats.
``(E) A description of the nomination process
for potential recipients of the information and
training provided pursuant to subsection (a).
``(F) Any other issues determined relevant by
the Secretary.
``(2) Exception.--Any information required under
paragraph (1) that is submitted as part of the annual
budget submitted by the President to Congress under
section 1105 of title 31, United States Code, is not
required to be included in the report required under
paragraph (1).
``(i) Definitions.--In this section:
``(1) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)).
``(2) Incident.--The term `incident' has the meaning
given such term in section 2209(a).
``(3) Information system.--The term `information
system' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501(9))).''.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
roles and responsibilities of the Department and its components
relating to cyber incident response.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) A review of how the cyber incident response plans
under section 2210(c) of the Homeland Security Act of
2002 (6 U.S.C. 660(c)) are utilized in the Federal
Government's response to a cyber incident.
(2) An explanation of the roles and responsibilities
of the Department of Homeland Security and its
components with responsibility for, or in support of,
the Federal Government's response to a cyber incident,
including primary responsibility for working with
impacted private sector entities.
(3) An explanation of which and how authorities of
the Department and its components are utilized in the
Federal Government's response to a cyber incident.
(4) Recommendations to provide further clarity for
roles and responsibilities of the Department and its
components relating to cyber incident response.
Subtitle D--Enhancing Transportation and Border Security Operations
SEC. 7131. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES
TO ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to ensure that TSA material
disseminated in major airports can be better understood by more
people accessing such airports.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of the most common languages
other than English that are the primary languages of
individuals that travel through or work in each major
airport.
(2) A plan to improve--
(A) TSA materials to communicate information
in languages identified pursuant to paragraph
(1); and
(B) the communication of TSA material to
individuals with vision or hearing impairments
or other possible barriers to understanding
such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through
the Office of Civil Rights and Liberties, Ombudsman, and
Traveler Engagement of the TSA, shall take into consideration
data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes
within each service area population in which a major
airport is located.
(d) Implementation.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Administrator of the TSA, in consultation with the owner or
operator of each major airport, shall implement such plan.
(e) GAO Review.--Not later than one year after the
implementation pursuant to subsection (d) of the plan required
under subsection (a), the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a review of such
implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning
given such term in section 40102 of title 49, United
States Code.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102
of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5130), individually identified
(including parenthetically) in the list published most
recently as of the date of the enactment of this Act
pursuant to section 104 of that Act (25 U.S.C. 5131).
(3) Major airports.--The term ``major airports''
means Category X and Category I airports.
(4) Non-traveling individual.--The term ``non-
traveling individual'' has the meaning given such term
in section 1560.3 of title 49, Code of Federal
Regulations.
(5) TSA material.--The term ``TSA material'' means
signs, videos, audio messages, websites, press
releases, social media postings, and other
communications published and disseminated by the
Administrator of the TSA in Category X and Category I
airports for use by both traveling and non-traveling
individuals.
SEC. 7132. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Transportation Security
Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the
Committee on Foreign Relations of the Senate.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland
Security.
(b) Implementation.--Notwithstanding 44901(a) of title 49,
United States Code, the Administrator, in coordination with the
Commissioner of U.S. Customs and Border Protection and the
Secretary of State, may implement a pilot program at not more
than six foreign last point of departure airports to permit
passengers and their accessible property arriving on direct
flights or flight segments originating at such participating
foreign airports to continue on additional flights or flight
segments originating in the United States without additional
security re-screening if--
(1) the initial screening was conducted in accordance
with an aviation security screening agreement described
in subsection (e);
(2) passengers arriving from participating foreign
airports are unable to access their checked baggage
until the arrival at their final destination; and
(3) upon arrival in the United States, passengers
arriving from participating foreign airports do not
come into contact with other arriving international
passengers, those passengers' property, or other
persons who have not been screened or subjected to
other appropriate security controls required for entry
into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this
section, the Administrator shall ensure that there is no
reduction in the level of security or specific TSA aviation
security standards or requirements for screening passengers and
their property prior to boarding an international flight bound
for the United States, including specific aviation security
standards and requirements regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at
a foreign last point of departure airport from another
airport and bound for the United States, and addressing
any commingling of such passengers and property with
passengers and property screened under the pilot
program described in subsection (b).
(4) Insider risk at foreign last point of departure
airports.
(d) Re-screening of Checked Baggage.--Subject to subsection
(f), the Administrator may determine whether checked baggage
arriving from participating foreign airports referenced in
subsection (b) that screen using an explosives detection system
must be re-screened in the United States by an explosives
detection system before such baggage continues on any
additional flight or flight segment.
(e) Aviation Security Screening Agreement.--
(1) In general.--An aviation security screening
agreement described in this subsection is a treaty,
executive agreement, or non-binding instrument entered
into with a foreign country that delineates and
implements security standards and protocols utilized at
a foreign last point of departure airport that are
determined by the Administrator--
(A) to be comparable to those of the United
States; and
(B) sufficiently effective to enable
passengers and their accessible property to
deplane into sterile areas of airports in the
United States without the need for re-
screening.
(2) Non-delegation.--The authority to approve an
aviation security screening agreement may not be
delegated below the level of the Secretary of State,
the Secretary of Homeland Security, or the
Administrator.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that
a foreign country participating in the aviation
security screening agreement has not maintained and
implemented security standards and protocols comparable
to those of the United States at foreign last point of
departure airports at which a pilot program has been
established in accordance with this section, the
Administrator shall ensure that passengers and their
property arriving from such airports are re-screened in
the United States, including by using explosives
detection systems in accordance with section
44901(d)(1) of title 49, United States Code, and
implementing regulations and directives, before such
passengers and their property are permitted into
sterile areas of airports in the United States.
(2) Consultation.--If the Administrator has
reasonable grounds to believe the other party to an
aviation security screening agreement has not complied
with such agreement, the Administrator shall request
immediate consultation with such party.
(3) Suspension or termination of agreement.--If a
satisfactory resolution between TSA and a foreign
country is not reached within 45 days after a
consultation request under paragraph (2) or in the case
of the foreign country's continued or egregious failure
to maintain the security standards and protocols
described in paragraph (1), the President, or with the
concurrence of the Secretary of State, the Secretary of
Homeland Security or the Administrator, as appropriate,
shall suspend or terminate the aviation security
screening agreement with such country, as determined
appropriate by the President, the Secretary of Homeland
Security, or the Administrator. The Administrator shall
notify the appropriate congressional committees of such
consultation and suspension or termination, as the case
may be, not later than seven days after such
consultation and suspension or termination.
(g) Briefings to Congress.--Not later than 45 days before an
aviation security screening agreement described in subsection
(e) enters into force, the Administrator, in coordination with
the Secretary of State, shall submit to the appropriate
congressional committees the following:
(1) An aviation security threat assessment for the
country in which such foreign last point of departure
airport is located.
(2) Information regarding any corresponding
mitigation efforts to address any security issues
identified in such threat assessment, including any
plans for joint covert testing.
(3) Information on potential security vulnerabilities
associated with commencing a pilot program at such
foreign last point of departure airport pursuant to
subsection (b) and mitigation plans to address such
potential security vulnerabilities.
(4) An assessment of the impacts such pilot program
will have on aviation security.
(5) An assessment of the screening performed at such
foreign last point of departure airport, including the
feasibility of TSA personnel monitoring screening,
security protocols, and standards.
(6) Information regarding identifying the entity or
entities responsible for screening passengers and
property at such foreign last point of departure
airport.
(7) The name of the entity or local authority and any
contractor or subcontractor.
(8) Information regarding the screening requirements
relating to such aviation security screening agreement.
(9) Details regarding information sharing mechanisms
between the TSA and such foreign last point of
departure airport, screening authority, or entity
responsible for screening provided for under such
aviation security screening agreement.
(10) A copy of the aviation security screening
agreement, which shall identify the foreign last point
of departure airport or airports at which a pilot
program under this section is to be established.
(h) Certifications Relating to the Pilot Program for One-stop
Security.--For each aviation security screening agreement
described in subsection (e), the Administrator, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees the following:
(1)(A) A certification that such agreement satisfies
all of the requirements specified in subsection (c); or
(B) in the event that one or more of such
requirements are not so satisfied, a description of the
unsatisfied requirement and information on what actions
the Administrator will take to ensure that such
remaining requirements are satisfied before such
agreement enters into force.
(2) A certification that TSA and U.S. Customs and
Border Protection have ensured that any necessary
physical modifications or appropriate mitigations exist
in the domestic one-stop security pilot program airport
prior to receiving international passengers from a last
point of departure airport under the aviation security
screening agreement.
(3) A certification that a foreign last point of
departure airport covered by an aviation security
screening agreement has an operation to screen all
checked bags as required by law, regulation, or
international agreement, including the full utilization
of explosives detection systems to the extent
applicable.
(4) A certification that the Administrator consulted
with stakeholders, including air carriers, aviation
nonprofit labor organizations, airport operators,
relevant interagency partners, and other stakeholders
that the Administrator determines appropriate.
(i) Report to Congress.--Not later than five years after the
date of the enactment of this Act, the Secretary of Homeland
Security, in coordination with the Administrator, shall submit
to the appropriate congressional committees a report regarding
the implementation of the pilot program authorized under this
section, including information relating to the following:
(1) The impact of such program on homeland security
and international aviation security, including any
benefits and challenges of such program.
(2) The impact of such program on passengers,
airports, and air carriers, including any benefits and
challenges of such program.
(3) The impact and feasibility of continuing such
program or expanding it into a more permanent program,
including any benefits and challenges of such
continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of U.S. Customs and Border
Protection to inspect persons and baggage arriving in the
United States in accordance with applicable law.
(k) Sunset.--The pilot program authorized under this section
shall terminate on the date that is six years after the date of
the enactment of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND SECURITY TO
DETER VEHICULAR TERRORIST ATTACKS (DARREN DRAKE).
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report on the efforts of the
Department of Homeland Security to deter vehicular terrorist
attacks, including engagement with the private sector and other
stakeholders. Such report shall include assessment of the
following:
(1) The impact of such engagement on efforts to
protect the United States against terrorist attacks.
(2) A description of the Department's engagement with
privacy, civil rights, and civil liberties
stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law
enforcement agencies.
(C) Other relevant stakeholders.
(b) Format.--The report required under subsection (a) may be
submitted in a classified or protected format, as determined
appropriate by the Secretary of Homeland Security.
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic
Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner of
U.S. Customs and Border Protection, in coordination
with the Under Secretary for Science and Technology,
and, as appropriate, other officials of the Department
of Homeland Security, shall develop a counter illicit
cross-border tunnel operations strategic plan (in this
section referred to as the ``strategic plan'') to
address the following:
(A) Risk-based criteria to be used to
prioritize the identification, breach,
assessment, and remediation of illicit cross-
border tunnels.
(B) Promote the use of innovative
technologies to identify, breach, assess, and
remediate illicit cross-border tunnels in a
manner that, among other considerations,
reduces the impact of such activities on
surrounding communities.
(C) Processes to share relevant illicit
cross-border tunnel location, operations, and
technical information.
(D) Indicators of specific types of illicit
cross-border tunnels found in each U.S. Border
Patrol sector identified through operations to
be periodically disseminated to U.S. Border
Patrol sector chiefs to educate field
personnel.
(E) A counter illicit cross-border tunnel
operations resource needs assessment that
includes consideration of the following:
(i) Technology needs.
(ii) Staffing needs, including the
following:
(I) A position description
for counter illicit cross-
border tunnel operations
personnel.
(II) Any specialized skills
required of such personnel.
(III) The number of such full
time personnel, disaggregated
by U.S. Border Patrol sector.
(2) Report to congress on strategic plan.--Not later
than one year after the development of the strategic
plan, the Commissioner of U.S. Customs and Border
Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a report on the implementation of the
strategic plan.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Commissioner of U.S. Customs and Border
Protection $1,000,000 for each of fiscal years 2023 and 2024 to
carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border
tunnels in accordance with the strategic plan to the
maximum extent practicable.
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL ON THE USE OF CONTAINMENT DEVICES TO
PREVENT SECONDARY EXPOSURE TO FENTANYL AND OTHER
POTENTIALLY LETHAL SUBSTANCES.
(a) Training.--Paragraph (1) of section 416(b) of the
Homeland Security Act of 2002 (6 U.S.C. 216(b)) is amended by
adding at the end the following new subparagraph:
``(C) How to use containment devices to
prevent potential synthetic opioid exposure.''.
(b) Availability of Containment Devices.--Section 416(c) of
the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is
amended--
(1) in the subsection heading, by inserting ``,
Containment Devices,'' after ``Equipment''; and
(2) by striking ``and opioid receptor antagonists,
including naloxone'' and inserting ``, opioid receptor
antagonists, including naloxone, and containment
devices''.
(c) Applicability to Other Components.--If the Secretary of
Homeland Secretary determines that officers, agents, other
personnel, or canines of a component of the Department of
Homeland Security other than U.S. Customs and Border Protection
are at risk of potential synthetic opioid exposure in the
course of their duties, the head of such component shall carry
out the responsibilities under section 416 of the Homeland
Security Act of 2002 (6 U.S.C. 216) in the same manner and to
the same degree as the Commissioner of U.S. Customs and Border
Protection carries out such responsibilities.
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG
INTERDICTION AT AND BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Attorney General, the Secretary of Health and Human
Services, and the Director of the Office of National Drug
Control Policy, shall research additional technological
solutions to--
(1) target and detect illicit fentanyl, fentanyl
analogs, and precursor chemicals, including low-purity
fentanyl, especially in counterfeit pressed tablets,
and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed
tablets through nonintrusive, noninvasive, and other
advanced screening technologies.
(b) Evaluation of Current Technologies and Strategies in
Illicit Drug Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security,
in consultation with the Attorney General, the
Secretary of Health and Human Services, and the
Director of the Office of National Drug Control Policy,
shall establish a program to collect available data and
develop metrics to measure how technologies and
strategies used by the Department of Homeland Security,
U.S. Customs and Border Protection, U.S. Immigration
and Customs Enforcement, and other relevant Federal
agencies have helped detect trafficked illicit
fentanyl, fentanyl analogs, and precursor chemicals or
deter illicit fentanyl, fentanyl analogs, and precursor
chemicals from being trafficked into the United States
at and between land, air, and sea ports of entry.
(2) Considerations.--The data and metrics program
established pursuant to paragraph (1) may consider--
(A) the rate of detection of illicit
fentanyl, fentanyl analogs, and precursor
chemicals at land, air, and sea ports of entry;
(B) investigations and intelligence sharing
into the origins of illicit fentanyl, fentanyl
analogs, and precursor chemicals within the
United States; and
(C) other data or metrics considered
appropriate by the Secretary of Homeland
Security.
(3) Updates.--The Secretary of Homeland Security, as
appropriate and in the coordination with the officials
referred to in paragraph (1), may update the data and
metrics program established pursuant to paragraph (1).
(4) Reports.--
(A) Secretary of homeland security.--Not
later than one year after the date of the
enactment of this Act and biennially
thereafter, the Secretary of Homeland Security,
in consultation with the Attorney General, the
Secretary of Health and Human Services, and the
Director of the Office of National Drug Control
Policy shall, based on the data collected and
metrics developed pursuant to the program
established pursuant to paragraph (1), submit
to the Committee on Homeland Security, the
Committee on Energy and Commerce, the Committee
on Science, Space, and Technology, and the
Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs, the
Committee on Commerce, Science, and
Transportation, and the Committee on the
Judiciary of the Senate a report that--
(i) examines and analyzes current
technologies, including pilot
technologies, deployed at land, air,
and sea ports of entry to assess how
well such technologies detect, deter,
and address illicit fentanyl, fentanyl
analogs, and precursor chemicals; and
(ii) examines and analyzes current
technologies, including pilot
technologies, deployed between land
ports of entry to assess how well and
accurately such technologies detect,
deter, interdict, and address illicit
fentanyl, fentanyl analogs, and
precursor chemicals;
(B) Government accountability office.--Not
later than one year after the submission of
each of the first three reports required under
subparagraph (A), the Comptroller General of
the United States shall submit to the Committee
on Homeland Security, the Committee on Energy
and Commerce, the Committee on Science, Space,
and Technology, and the Committee on the
Judiciary of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the
Committee on the Judiciary of the Senate a
report that evaluates and, as appropriate,
makes recommendations to improve, the
collection of data under the program
established pursuant to paragraph (1) and
metrics used in the subsequent reports required
under such subparagraph.
Subtitle E--Technical Corrections, Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of
2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and''
after the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate
advisory committees established pursuant to
section 871, including the Homeland Security
Advisory Council and the Homeland Security
Science and Technology Advisory Committee, or
otherwise established, including the Aviation
Security Advisory Committee established
pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on
the risk assessment required pursuant to
subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan
required to provide sufficient
resources to successfully'' and
inserting ``resources required to'';
and
(iii) by striking the semicolon at
the end and inserting the following:
``, including any resources identified
from redundant, wasteful, or
unnecessary capabilities or capacities
that may be redirected to better
support other existing capabilities or
capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and''
and inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December
31 of the year'' and inserting ``60 days after
the date of the submission of the President's
budget for the fiscal year after the fiscal
year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and
inserting ``risk assessment of'';
(ii) in subparagraph (C), by
inserting ``, as required under
subsection (b)(2)'' before the
semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the
extent practicable,'' before
``a description''; and
(II) by striking ``budget
plan'' and inserting
``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion''; and
(II) by striking ``the status
of'';
(v) in subparagraph (G)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion'';
(II) by striking ``the status
of'';
(III) by inserting ``and
risks'' before ``to national
homeland''; and
(IV) by inserting ``and''
after the semicolon at the end;
(vi) by striking subparagraph (H);
and
(vii) by redesignating subparagraph
(I) as subparagraph (H);
(C) by redesignating paragraph (3) as
paragraph (4); and
(D) by inserting after paragraph (2) the
following new paragraph:
``(3) Documentation.--The Secretary shall retain and,
upon request, provide to Congress the following
documentation regarding each quadrennial homeland
security review:
``(A) Records regarding the consultation
carried out pursuant to subsection (a)(3),
including the following:
``(i) All written communications,
including communications sent out by
the Secretary and feedback submitted to
the Secretary through technology,
online communications tools, in-person
discussions, and the interagency
process.
``(ii) Information on how feedback
received by the Secretary informed each
such quadrennial homeland security
review.
``(B) Information regarding the risk
assessment required pursuant to subsection
(c)(2)(B), including the following:
``(i) The risk model utilized to
generate such risk assessment.
``(ii) Information, including data
used in the risk model, utilized to
generate such risk assessment.
``(iii) Sources of information,
including other risk assessments,
utilized to generate such risk
assessment.
``(iv) Information on assumptions,
weighing factors, and subjective
judgments utilized to generate such
risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection
(e); and
(5) by inserting after subsection (c) the following
new subsection:
``(d) Review.--Not later than 90 days after the submission of
each report required under subsection (c)(1), the Secretary
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the
degree to which the findings and recommendations developed in
the quadrennial homeland security review that is the subject of
such report were integrated into the acquisition strategy and
expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall
apply with respect to a quadrennial homeland security review
conducted after December 31, 2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended by--
(1) amending the items relating to sections 435 and
436 to read as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to
read as follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to
read as follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to
read as follows:
``Sec. 2103. Protection and sharing of information.''.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act
of 2020 (title IX of division U of Public Law 116-260)
is amended, in the matter preceding subparagraph (A),
by striking ``Homeland Security Act'' and inserting
``Homeland Security Act of 2002''.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect as if enacted as part of the
DOTGOV Act of 2020 (title IX of division U of Public
Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by
inserting before the subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the
Cybersecurity and Infrastructure Security Agency.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Homeland Security of
the House of Representatives.
``(3) Cloud service provider.--The term `cloud
service provider' means an entity offering products or
services related to cloud computing, as defined by the
National Institute of Standards and Technology in NIST
Special Publication 800-145 and any amendatory or
superseding document relating thereto.
``(4) Critical infrastructure information.--The term
`critical infrastructure information' means information
not customarily in the public domain and related to the
security of critical infrastructure or protected
systems--
``(A) actual, potential, or threatened
interference with, attack on, compromise of, or
incapacitation of critical infrastructure or
protected systems by either physical or
computer-based attack or other similar conduct
(including the misuse of or unauthorized access
to all types of communications and data
transmission systems) that violates Federal,
State, or local law, harms interstate commerce
of the United States, or threatens public
health or safety;
``(B) the ability of any critical
infrastructure or protected system to resist
such interference, compromise, or
incapacitation, including any planned or past
assessment, projection, or estimate of the
vulnerability of critical infrastructure or a
protected system, including security testing,
risk evaluation thereto, risk management
planning, or risk audit; or
``(C) any planned or past operational problem
or solution regarding critical infrastructure
or protected systems, including repair,
recovery, reconstruction, insurance, or
continuity, to the extent it is related to such
interference, compromise, or incapacitation.
``(5) Cyber threat indicator.--The term `cyber threat
indicator' means information that is necessary to
describe or identify--
``(A) malicious reconnaissance, including
anomalous patterns of communications that
appear to be transmitted for the purpose of
gathering technical information related to a
cybersecurity threat or security vulnerability;
``(B) a method of defeating a security
control or exploitation of a security
vulnerability;
``(C) a security vulnerability, including
anomalous activity that appears to indicate the
existence of a security vulnerability;
``(D) a method of causing a user with
legitimate access to an information system or
information that is stored on, processed by, or
transiting an information system to unwittingly
enable the defeat of a security control or
exploitation of a security vulnerability;
``(E) malicious cyber command and control;
``(F) the actual or potential harm caused by
an incident, including a description of the
information exfiltrated as a result of a
particular cybersecurity threat;
``(G) any other attribute of a cybersecurity
threat, if disclosure of such attribute is not
otherwise prohibited by law; or
``(H) any combination thereof.
``(6) Cybersecurity purpose.--The term `cybersecurity
purpose' means the purpose of protecting an information
system or information that is stored on, processed by,
or transiting an information system from a
cybersecurity threat or security vulnerability.
``(7) Cybersecurity risk.--The term `cybersecurity
risk'--
``(A) means threats to and vulnerabilities of
information or information systems and any
related consequences caused by or resulting
from unauthorized access, use, disclosure,
degradation, disruption, modification, or
destruction of such information or information
systems, including such related consequences
caused by an act of terrorism; and
``(B) does not include any action that solely
involves a violation of a consumer term of
service or a consumer licensing agreement.
``(8) Cybersecurity threat.--
``(A) In general.--Except as provided in
subparagraph (B), the term `cybersecurity
threat' means an action, not protected by the
First Amendment to the Constitution of the
United States, on or through an information
system that may result in an unauthorized
effort to adversely impact the security,
availability, confidentiality, or integrity of
an information system or information that is
stored on, processed by, or transiting an
information system.
``(B) Exclusion.--The term `cybersecurity
threat' does not include any action that solely
involves a violation of a consumer term of
service or a consumer licensing agreement.
``(9) Defensive measure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `defensive measure'
means an action, device, procedure, signature,
technique, or other measure applied to an
information system or information that is
stored on, processed by, or transiting an
information system that detects, prevents, or
mitigates a known or suspected cybersecurity
threat or security vulnerability.
``(B) Exclusion.--The term `defensive
measure' does not include a measure that
destroys, renders unusable, provides
unauthorized access to, or substantially harms
an information system or information stored on,
processed by, or transiting such information
system not owned by--
``(i) the private entity, as defined
in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6
U.S.C. 1501), operating the measure; or
``(ii) another entity or Federal
entity that is authorized to provide
consent and has provided consent to
that private entity for operation of
such measure.
``(10) Director.--The term `Director' means the
Director of the Cybersecurity and Infrastructure
Security Agency.
``(11) Homeland security enterprise.--The term
`Homeland Security Enterprise' means relevant
governmental and nongovernmental entities involved in
homeland security, including Federal, State, local, and
Tribal government officials, private sector
representatives, academics, and other policy experts.
``(12) Incident.--The term `incident' means an
occurrence that actually or imminently jeopardizes,
without lawful authority, the integrity,
confidentiality, or availability of information on an
information system, or actually or imminently
jeopardizes, without lawful authority, an information
system.
``(13) Information sharing and analysis
organization.--The term `Information Sharing and
Analysis Organization' means any formal or informal
entity or collaboration created or employed by public
or private sector organizations, for purposes of--
``(A) gathering and analyzing critical
infrastructure information, including
information related to cybersecurity risks and
incidents, in order to better understand
security problems and interdependencies related
to critical infrastructure, including
cybersecurity risks and incidents, and
protected systems, so as to ensure the
availability, integrity, and reliability
thereof;
``(B) communicating or disclosing critical
infrastructure information, including
cybersecurity risks and incidents, to help
prevent, detect, mitigate, or recover from the
effects of an interference, a compromise, or an
incapacitation problem related to critical
infrastructure, including cybersecurity risks
and incidents, or protected systems; and
``(C) voluntarily disseminating critical
infrastructure information, including
cybersecurity risks and incidents, to its
members, State, local, and Federal Governments,
or any other entities that may be of assistance
in carrying out the purposes specified in
subparagraphs (A) and (B).
``(14) Information system.--The term `information
system'--
``(A) has the meaning given the term in
section 3502 of title 44, United States Code;
and
``(B) includes industrial control systems,
such as supervisory control and data
acquisition systems, distributed control
systems, and programmable logic controllers.
``(15) Intelligence community.--The term
`intelligence community' has the meaning given the term
in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)).
``(16) Malicious cyber command and control.--The term
`malicious cyber command and control' means a method
for unauthorized remote identification of, access to,
or use of, an information system or information that is
stored on, processed by, or transiting an information
system.
``(17) Malicious reconnaissance.--The term `malicious
reconnaissance' a method for actively probing or
passively monitoring an information system for the
purpose of discerning security vulnerabilities of the
information system, if such method is associated with a
known or suspected cybersecurity threat.
``(18) Managed service provider.--The term `managed
service provider' means an entity that delivers
services, such as network, application, infrastructure,
or security services, via ongoing and regular support
and active administration on the premises of a
customer, in the data center of the entity (such as
hosting), or in a third party data center.
``(19) Monitor.--The term `monitor' means to acquire,
identify, or scan, or to possess, information that is
stored on, processed by, or transiting an information
system.
``(20) National cybersecurity asset response
activities.--The term `national cybersecurity asset
response activities' means--
``(A) furnishing cybersecurity technical
assistance to entities affected by
cybersecurity risks to protect assets, mitigate
vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be
at risk of an incident and assessing risk to
the same or similar vulnerabilities;
``(C) assessing potential cybersecurity risks
to a sector or region, including potential
cascading effects, and developing courses of
action to mitigate such risks;
``(D) facilitating information sharing and
operational coordination with threat response;
and
``(E) providing guidance on how best to
utilize Federal resources and capabilities in a
timely, effective manner to speed recovery from
cybersecurity risks.
``(21) National security system.--The term `national
security system' has the meaning given the term in
section 11103 of title 40, United States Code.
``(22) Ransomware attack.--The term `ransomware
attack'--
``(A) means an incident that includes the use
or threat of use of unauthorized or malicious
code on an information system, or the use or
threat of use of another digital mechanism such
as a denial of service attack, to interrupt or
disrupt the operations of an information system
or compromise the confidentiality,
availability, or integrity of electronic data
stored on, processed by, or transiting an
information system to extort a demand for a
ransom payment; and
``(B) does not include any such event in
which the demand for payment is--
``(i) not genuine; or
``(ii) made in good faith by an
entity in response to a specific
request by the owner or operator of the
information system.
``(23) Sector risk management agency.--The term
`Sector Risk Management Agency' means a Federal
department or agency, designated by law or Presidential
directive, with responsibility for providing
institutional knowledge and specialized expertise of a
sector, as well as leading, facilitating, or supporting
programs and associated activities of its designated
critical infrastructure sector in the all hazards
environment in coordination with the Department.
``(24) Security control.--The term `security control'
means the management, operational, and technical
controls used to protect against an unauthorized effort
to adversely affect the confidentiality, integrity, and
availability of an information system or its
information.
``(25) Security vulnerability.--The term `security
vulnerability' means any attribute of hardware,
software, process, or procedure that could enable or
facilitate the defeat of a security control.
``(26) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such
terms).
``(27) SLTT entity.--The term `SLTT entity' means a
domestic government entity that is a State government,
local government, Tribal government, territorial
government, or any subdivision thereof.
``(28) Supply chain compromise.--The term `supply
chain compromise' means an incident within the supply
chain of an information system that an adversary can
leverage, or does leverage, to jeopardize the
confidentiality, integrity, or availability of the
information system or the information the system
processes, stores, or transmits, and can occur at any
point during the life cycle.''.
(2) Technical and conforming amendments.--The
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(A) in section 320(d)(3)(C) (6 U.S.C.
195f(d)(3)(C)), by striking ``section 2201''
and inserting ``section 2200'';
(B) by amending section 2201 (6 U.S.C. 651)
to read as follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory
Committee' means the advisory committee established under
section 2219(a).'';
(C) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking
``(in this subtitle referred to as the
Agency)'';
(ii) in subsection (b)(1), by
striking ``a Director of Cybersecurity
and Infrastructure Security (in this
subtitle referred to as the
`Director')'' and inserting ``the
Director''; and
(iii) in subsection (f)--
(I) in paragraph (1), by
inserting ``Executive'' before
``Assistant Director'';
(II) in paragraph (2), by
inserting ``Executive'' before
``Assistant Director''; and
(III) in paragraph (3), by
inserting ``Executive'' before
``Assistant Director'';
(D) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a) and
inserting the following:
``(a) Definition.--The term `cybersecurity vulnerability' has
the meaning given the term `security vulnerability' in section
2200.'';
(ii) in subsection (b), by inserting
``Executive'' before ``Assistant
Director for Cybersecurity'';
(iii) in subsection (d)(1)--
(I) in subparagraph (A)(iii),
by striking ``, as that term is
defined under section 3(4) of
the National Security Act of
1947 (50 U.S.C. 3003(4))''; and
(II) in subparagraph (B)(ii),
by striking ``information
sharing and analysis
organizations'' and inserting
``Information Sharing and
Analysis Organizations'';
(iv) in subsection (e)(1)(E)(ii)(II),
by striking ``information sharing and
analysis organizations'' and inserting
``Information Sharing and Analysis
Organizations'';
(v) in the second subsection (p), by
striking ``(p) Coordination on
Cybersecurity for SLTT Entities.--''
and inserting ``(r) Coordination on
Cybersecurity for SLTT Entities.--'';
and
(vi) in the second subsection (q), by
striking ``(q) Report.--'' and
inserting ``(s) Report.--'';
(E) in section 2210 (6 U.S.C. 660)--
(i) in subsection (a), by striking
``section--'' and all that follows and
inserting ``section, the term `agency
information system' means an
information system used or operated by
an agency or by another entity on
behalf of an agency.'';
(ii) in subsection (c)--
(I) by striking ``information
sharing and analysis
organizations (as defined in
section 2222(5))'' and
inserting ``Information Sharing
and Analysis Organizations'';
and
(II) by striking ``(as
defined in section 2209)''; and
(iii) in subsection (e)--
(I) in paragraph (1)(B), by
striking ``(as such term is
defined in section 2209)''; and
(II) in paragraph (3)(C), by
striking ``(as such term is
defined in section 102 of the
Cybersecurity Information
Sharing Act of 2015 (6 U.S.C.
1501))'';
(F) in section 2211 (6 U.S.C. 661), by
striking subsection (h);
(G) in section 2212 (6 U.S.C. 662), by
striking ``information sharing and analysis
organizations (as defined in section 2222(5))''
and inserting ``Information Sharing and
Analysis Organizations'';
(H) in section 2213(a) (6 U.S.C. 663(a)), by
striking paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking
``information sharing and analysis
organizations'' and inserting
``Information Sharing and Analysis
Organizations''; and
(ii) in subsection (f), by striking
``section:'' and all that follows and
inserting ``section, the term `cyber
defense operation' means the defensive
activities performed for a
cybersecurity purpose.'';
(J) in section 2218(c)(4)(A) (6 U.S.C.
665d(4)(A)), by striking ``information sharing
and analysis organizations'' and inserting
``Information Sharing and Analysis
Organizations'';
(K) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs
(1), (2), (5), (6), and (7);
and
(II) by redesignating
paragraphs (3), (4), (8), (9),
(10), (11), and (12) as
paragraphs (1) through (7),
respectively;
(ii) in subsection
(e)(2)(B)(xiv)(II)(aa), by striking
``information sharing and analysis
organization'' and inserting
``Information Sharing and Analysis
Organization'';
(iii) in subsection (p), by striking
``appropriate committees of Congress''
and inserting ``appropriate
congressional committees''; and
(iv) in subsection (q)(4), in the
matter preceding clause (i), by
striking ``appropriate committees of
Congress'' and inserting ``appropriate
congressional committees'';
(L) in section 2220C (6 U.S.C. 665i), by
striking subsection (f) and inserting the
following:
``(f) Definition.--In this section, the term `industrial
control system' means an information system used to monitor
and/or control industrial processes such as manufacturing,
product handling, production, and distribution, including
supervisory control and data acquisition (SCADA) systems used
to monitor and/or control geographically dispersed assets,
distributed control systems (DCSs), Human-Machine Interfaces
(HMIs), and programmable logic controllers that control
localized processes.'';
(M) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraph (3) and
inserting the following:
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning
given the term in section 2200.'';
(ii) by striking paragraphs (5) and
(8); and
(iii) by redesignating paragraphs (6)
and (7) as paragraphs (5) and (6),
respectively; and
(N) in section 2240 (6 U.S.C. 681)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3)
through (7) as paragraphs (2) through
(6);
(iii) in paragraph (6), as so
redesignated, by striking ``section
2201'' and inserting ``section 2200'';
(iv) by striking paragraph (8), and
inserting the following:
``(7) Federal entity.--The term `Federal entity' has
the meaning given the term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).'';
(v) by striking paragraphs (9)
through (12), (14), (15), and (17); and
(vi) by redesignating paragraphs
(13), (16), (18), and (19) as
paragraphs (8), (9), (10), and (11),
respectively.
(3) Table of contents amendments.--The table of
contents in section 1(b) of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2135) is
amended--
(A) by inserting before the item relating to
subtitle A of title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section
2201 and insert the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section
2220D to appear after the item relating to
section 2220C.
(4) Cybersecurity information sharing act of 2015
definitions.--Section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501) is
amended--
(A) by striking paragraphs (4) through (7)
and inserting the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive
measure' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.'';
(B) by striking paragraph (9) and inserting
the following:
``(9) Information system.--The term `information
system' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.''.
(C) by striking paragraphs (11), (12), and
(13) and inserting the following:
``(11) Malicious cyber command and control.--The term
`malicious cyber command and control' has the meaning
given the term in section 2200 of the Homeland Security
Act of 2002.
``(12) Malicious reconnaissance.--The term `malicious
reconnaissance' has the meaning given the term in
section 2200 of the Homeland Security Act of 2002.
``(13) Monitor.-- The term `monitor' has the meaning
given the term in section 2200 of the Homeland Security
Act of 2002.''; and
(D) by striking paragraphs (16) and (17) and
inserting the following:
``(16) Security control.--The term `security control'
has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in
section 2200 of the Homeland Security Act of 2002.''.
(c) Correction to the Title of the Director of the
Cybersecurity and Infrastructure Security Agency.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 523 (6 U.S.C. 3211)--
(A) in subsection (a), in the matter
preceding paragraph (1), by striking ``Director
of Cybersecurity and Infrastructure Security''
and inserting ``Director of the Cybersecurity
and Infrastructure Security Agency''; and
(B) in subsection (c), by striking ``Director
of Cybersecurity and Infrastructure Security''
and inserting ``Director of the Cybersecurity
and Infrastructure Security Agency'';
(2) in section 884(d)(4)(A)(ii) (6 U.S.C.
464(d)(4)(A)(ii)), by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(3) in section 1801(b) (6 U.S.C. 571(b)), in the
second and third sentences, by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency'';
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by
striking ``Director of Cybersecurity and Infrastructure
Security'' and inserting ``Director of the
Cybersecurity and Infrastructure Security Agency'';
(5) in section 2202 (6 U.S.C. 652)--
(A) in subsection (b)(3), by striking
``Director of Cybersecurity and Infrastructure
Security of the Department'' and inserting
``Director of the Cybersecurity and
Infrastructure Security Agency''; and
(B) in subsection (d), in the matter
preceding paragraph (1), by striking ``Director
of Cybersecurity and Infrastructure Security''
and inserting ``Director of the Cybersecurity
and Infrastructure Security Agency'';
(6) in section 2205, in the matter preceding
paragraph (1), by striking ``Director of Cybersecurity
and Infrastructure Security'' and inserting ``Director
of the Cybersecurity and Infrastructure Security
Agency'';
(7) in section 2206, by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency''; and
(8) in section 2210(c), by striking ``Director of
Cybersecurity and Infrastructure Security'' and
inserting ``Director of the Cybersecurity and
Infrastructure Security Agency''.
(d) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--
The Federal Cybersecurity Enhancement Act of 2015 (6
U.S.C. 1521 et seq.) is amended--
(A) in section 222(4) (6 U.S.C. 1521(4)), by
striking ``section 2209'' and inserting
``section 2200''; and
(B) in section 226(a)(2) (6 U.S.C.
1524(a)(2)), by striking ``section 102'' and
inserting ``section 2200 of the Homeland
Security Act of 2002''.
(2) Federal power act.--Section 219A(a)(1) of the
Federal Power Act (16 U.S.C. 824s-1(a)(1)) is amended
by striking ``section 102 of the Cybersecurity Act of
2015 (6 U.S.C. 1501)'' and inserting ``section 2200 of
the Homeland Security Act of 2002''.
(3) Infrastructure investment and jobs act.--Section
40124(a)(1) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 18723(a)(1)) is amended by striking
``section 102 of the Cybersecurity Act of 2015 (6
U.S.C. 1051)'' and inserting ``section 2200 of the
Homeland Security Act of 2002)''.
(4) Public health service act.--Section 2811(b)(4)(D)
of the Public Health Service Act (42 U.S.C. 300hh-
10(b)(4)(D)) is amended by striking ``section 228(c) of
the Homeland Security Act of 2002 (6 U.S.C. 149(c))''
and inserting ``section 2210(b) of the Homeland
Security Act of 2002 (6 U.S.C. 660(b))''.
(5) William m. (mac) thornberry national defense
authorization act of fiscal year 2021.--Section 9002 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a)
is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6)
and (7) as paragraphs (5) and (6),
respectively; and
(iii) by amending paragraph (7) to
read as follows:
``(7) Sector risk management agency.--The term
`Sector Risk Management Agency' has the meaning given
the term in section 2200 of the Homeland Security Act
of 2002.'';
(B) in subsection (c)(3)(B), by striking
``given such term in section 2201(5) (6 U.S.C.
651(5))'' and inserting ``given such term in
section 2200''; and
(C) in subsection (d), by striking ``section
2215 of the Homeland Security Act of 2002, as
added by this section'' and inserting ``section
2218 of the Homeland Security Act of 2002 (6
U.S.C. 665d)''.
(6) National security act of 1947.--Section
113B(b)(4) of the National Security Act of 1947 (50
U.S.C. 3049a(b)(4)) is amended by striking section
``226 of the Homeland Security Act of 2002 (6 U.S.C.
147)'' and inserting ``section 2208 of the Homeland
Security Act of 2002 (6 U.S.C. 658)''.
(7) National defense authorization act for fiscal
year 2020.--Section 6503(a)(3) of the National Defense
Authorization Act for Fiscal Year 2020 (50 U.S.C.
3371a(a)(3)) is amended by striking ``section 102 of
the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501)'' and inserting ``section 2200 of the
Homeland Security Act of 2002''.
(8) IoT cybersecurity improvement act of 2020.--
Section 3(8) of the IoT Cybersecurity Improvement Act
of 2020 (15 U.S.C. 278g-3a(8)) is amended by striking
``section 102(17) of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501(17))'' and inserting
``section 2200 of the Homeland Security Act of 2002''.
(9) Small business act.--Section 21(a)(8)(B) of the
Small Business Act (15 U.S.C. 648(a)(8)(B)) is amended
by striking ``section 2209(a)'' and inserting ``section
2200''.
(10) Title 46.--Section 70101(2) of title 46, United
States Code, is amended by striking ``section 227 of
the Homeland Security Act of 2002 (6 U.S.C. 148)'' and
inserting ``section 2200 of the Homeland Security Act
of 2002''.
(e) Clarifying and Technical Amendments to the Cyber Incident
Reporting for Critical Infrastructure Act of 2022.--The
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(1) in section 2243(6 U.S.C. 681c), by striking
subsection (c) and inserting the following:
``(c) Application of Section 2245.--Section 2245 shall apply
in the same manner and to the same extent to reports and
information submitted under subsections (a) and (b) as it
applies to reports and information submitted under section
2242.''; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by
inserting ``including that section 2245 shall apply to
such information in the same manner and to the same
extent to information submitted in response to requests
under paragraph (1) as it applies to information
submitted under section 2242''after ``section 2242''.
(f) Rule of Construction.--
(1) Interpretation of technical corrections.--Nothing
in the amendments made by subsections (a) through (d)
shall be construed to alter the authorities,
responsibilities, functions, or activities of any
agency (as such term is defined in section 3502 of
title 44, United States Code) or officer or employee of
the United States on or before the date of enactment of
this Act.
(2) Interpretation of references to definitions.--Any
reference to a term defined in the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) on the day before
the date of enactment of this Act that is defined in
section 2200 of that Act pursuant to the amendments
made under this Act shall be deemed to be a reference
to that term as defined in section 2200 of the Homeland
Security Act of 2002, as added by this Act.
TITLE LXXII--GOVERNMENTAL AFFAIRS
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A--Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority
recommendations.
Subtitle B--Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in
Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Subtitle A--Intragovernmental Cybersecurity Information Sharing Act
SEC. 7201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
(a) Short Title.--This section may be cited as the
``Intragovernmental Cybersecurity and Counterintelligence
Information Sharing Act''.
(b) Findings.--Congress finds the following:
(1) The legislative branch, as a separate and equal
branch of the United States Government, is a target of
adversary cyber actors and intelligence services.
(2) The legislative branch relies on the executive
branch to provide timely and urgent tactical and
operational information to ensure that Congress can
protect the constitutional officers, personnel, and
facilities of Congress and the institution of Congress
more broadly.
(3) The legislative branch currently is not receiving
this information in a timely manner nor as a matter of
course.
(c) Definitions.--In this section--
(1) the term ``congressional leadership'' means--
(A) the Majority and Minority Leader of the
Senate with respect to an agreement with the
Sergeant at Arms and Doorkeeper of the Senate
or the Secretary of the Senate; and
(B) the Speaker and Minority Leader of the
House of Representatives with respect to an
agreement with the Chief Administrative Officer
of the House of Representatives or the Sergeant
at Arms of the House of Representatives; and
(2) the terms ``cybersecurity threat'' and ``security
vulnerability'' have the meanings given those terms in
section 2200 of the Homeland Security Act of 2002, as
added by section 5171 of this division.
(d) Requirement.--
(1) Designation.--
(A) In general.--Not later than 30 days after
the date of enactment of this Act, the
President shall designate--
(i) an individual appointed by the
President, by and with the advice and
consent of the Senate, to serve as a
single point of contact to the
legislative branch on matters related
to tactical and operational
cybersecurity threats and security
vulnerabilities; and
(ii) an individual appointed by the
President, by and with the advice and
consent of the Senate, to serve as a
single point of contact to the
legislative branch on matters related
to tactical and operational
counterintelligence.
(B) Coordination.--The individuals designated
by the President under subparagraph (A) shall
coordinate with appropriate Executive agencies
(as defined in section 105 of title 5, United
States Code, including the Executive Office of
the President) and appropriate officers in the
executive branch in entering any agreement
described in paragraph (2).
(2) Information sharing agreements.--
(A) In general.--Not later than 90 days after
the date of enactment of this Act, the
individuals designated by the President under
paragraph (1)(A) shall enter into 1 or more
information sharing agreements with--
(i) the Sergeant at Arms and
Doorkeeper of the Senate with respect
to cybersecurity information sharing,
subject to the approval of
congressional leadership and in
consultation with the chairman and the
ranking minority member of the
Committee on Rules and Administration
of the Senate;
(ii) the Secretary of the Senate with
respect to counterintelligence
information sharing, subject to the
approval of congressional leadership
and in consultation with the chairman
and ranking minority member of the
Committee on Rules and Administration
of the Senate;
(iii) the Chief Administrative
Officer of the House of Representatives
with respect to cybersecurity
information sharing, subject to the
approval of the chair of the Committee
on House Administration of the House of
Representatives and in consultation
with the ranking minority member of the
committee and congressional leadership;
and
(iv) the Sergeant at Arms of the
House of Representatives with respect
to counterintelligence information
sharing, subject to the approval of the
chair of the Committee on House
Administration of the House of
Representatives and in consultation
with the ranking minority member of the
committee and congressional leadership.
(B) Purpose.--The agreements described in
subparagraph (A) shall establish procedures for
timely sharing of tactical and operational
cybersecurity threat and security vulnerability
information and planned or ongoing
counterintelligence operations or targeted
collection efforts with the legislative branch.
(3) Implementation.--Not less frequently than
semiannually during the 3-year period beginning on the
date of enactment of this Act, the individuals
designated by the President under paragraph (1)(A)
shall meet with the officers referenced in clauses (i),
(ii), (iii), and (iv) of paragraph (2)(A), the chairman
and ranking minority member of the Committee on
Homeland Security and Governmental Affairs of the
Senate, with respect to an agreement with the Sergeant
at Arms and Doorkeeper of the Senate, and the chair and
ranking minority member of the Committee on Oversight
and Reform of the House of Representatives, with
respect to an agreement with the Chief Administrative
Officer of the House of Representatives or the Sergeant
at Arms of the House of Representatives, to ensure the
agreements with such officers are being implemented in
a manner consistent with applicable laws, including
this Act.
(e) Elements.--
(1) In general.--The parties to an information
sharing agreement under subsection (d)(2) shall jointly
develop such elements of the agreement as the parties
find appropriate, which--
(A) with respect to an agreement covered by
subsection (d)(2)(A)(i) or (ii), shall, at a
minimum, include the applicable elements
specified in paragraph (2); and
(B) with respect to an agreement covered by
subsection (d)(2)(A)(iii) or (iv), may include
the applicable elements specified in paragraph
(2).
(2) Elements specified.--The elements specified in
this paragraph are--
(A) direct and timely sharing of technical
indicators and contextual information on cyber
threats and security vulnerabilities, and the
means for such sharing;
(B) direct and timely sharing of
counterintelligence threats and
vulnerabilities, including trends of
counterintelligence activity, and the means for
such sharing;
(C) identification, by position, of the
officials at the operational and tactical level
responsible for daily management of the
agreement;
(D) the ability to seat cybersecurity
personnel of the Office of the Sergeant at Arms
and Doorkeeper of the Senate or the Office of
the Chief Administrative Officer of the House
of Representatives at cybersecurity operations
centers within the executive branch; and
(E) any other elements the parties find
appropriate.
Subtitle A--Improving Government for America's Taxpayers
SEC. 7211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED PRIORITY
RECOMMENDATIONS.
(a) In General.--The Comptroller General of the United States
shall, as part of the Comptroller General's annual reporting to
committees of Congress--
(1) consolidate Matters for Congressional
Consideration from the Government Accountability Office
in one report organized by policy topic that includes
the amount of time such Matters have been unimplemented
and submit such report to congressional leadership and
the oversight committees of each House;
(2) with respect to the annual letters sent by the
Comptroller General to individual agency heads and
relevant congressional committees on the status of
unimplemented priority recommendations, identify any
additional congressional oversight actions that can
help agencies implement such priority recommendations
and address any underlying issues relating to such
implementation;
(3) make publicly available the information described
in paragraphs (1) and (2); and
(4) publish any known costs of unimplemented priority
recommendations, if applicable.
(b) Rule of Construction.--Nothing in this section shall be
construed to require reporting relating to unimplemented
priority recommendations or any other report, recommendation,
information, or item relating to any element of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
Subtitle B--Advancing American AI Act
SEC. 7221. SHORT TITLE.
This subtitle may be cited as the ``Advancing American AI
Act''.
SEC. 7222. PURPOSES.
The purposes of this subtitle are to--
(1) encourage agency artificial intelligence-related
programs and initiatives that enhance the
competitiveness of the United States and foster an
approach to artificial intelligence that builds on the
strengths of the United States in innovation and
entrepreneurialism;
(2) enhance the ability of the Federal Government to
translate research advances into artificial
intelligence applications to modernize systems and
assist agency leaders in fulfilling their missions;
(3) promote adoption of modernized business practices
and advanced technologies across the Federal Government
that align with the values of the United States,
including the protection of privacy, civil rights, and
civil liberties; and
(4) test and harness applied artificial intelligence
to enhance mission effectiveness, agency program
integrity, and business practice efficiency.
SEC. 7223. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning
given the term in section 3502 of title 44, United
States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of
the House of Representatives; and
(C) the Committee on Homeland Security of the
House of Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in
section 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note).
(4) Artificial intelligence system.--The term
``artificial intelligence system''--
(A) means any data system, software,
application, tool, or utility that operates in
whole or in part using dynamic or static
machine learning algorithms or other forms of
artificial intelligence, whether--
(i) the data system, software,
application, tool, or utility is
established primarily for the purpose
of researching, developing, or
implementing artificial intelligence
technology; or
(ii) artificial intelligence
capability is integrated into another
system or agency business process,
operational activity, or technology
system; and
(B) does not include any common commercial
product within which artificial intelligence is
embedded, such as a word processor or map
navigation system.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE
IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the
guidance required under section 104(a) of the AI in Government
Act of 2020 (title I of division U of Public Law 116-260),
consider--
(1) the considerations and recommended practices
identified by the National Security Commission on
Artificial Intelligence in the report entitled ``Key
Considerations for the Responsible Development and
Fielding of AI'', as updated in April 2021;
(2) the principles articulated in Executive Order
13960 (85 Fed. Reg. 78939; relating to promoting the
use of trustworthy artificial intelligence in
Government); and
(3) the input of--
(A) the Administrator of General Services;
(B) relevant interagency councils, such as
the Federal Privacy Council, the Chief
Financial Officers Council, the Chief
Information Officers Council, and the Chief
Data Officers Council;
(C) other governmental and nongovernmental
privacy, civil rights, and civil liberties
experts;
(D) academia;
(E) industry technology and data science
experts; and
(F) any other individual or entity the
Director determines to be appropriate.
(b) Department Policies and Processes for Procurement and Use
of Artificial Intelligence-enabled Systems.--Not later than 180
days after the date of enactment of this Act--
(1) the Secretary of Homeland Security, with the
participation of the Chief Procurement Officer, the
Chief Information Officer, the Chief Privacy Officer,
and the Officer for Civil Rights and Civil Liberties of
the Department and any other person determined to be
relevant by the Secretary of Homeland Security, shall
issue policies and procedures for the Department
related to--
(A) the acquisition and use of artificial
intelligence; and
(B) considerations for the risks and impacts
related to artificial intelligence-enabled
systems, including associated data of machine
learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and
civil liberties impacts of artificial
intelligence-enabled systems; and
(ii) security against misuse,
degradation, or rending inoperable of
artificial intelligence-enabled
systems; and
(2) the Chief Privacy Officer and the Officer for
Civil Rights and Civil Liberties of the Department
shall report to Congress on any additional staffing or
funding resources that may be required to carry out the
requirements of this subsection.
(c) Inspector General.--Not later than 180 days after the
date of enactment of this Act, the Inspector General of the
Department shall identify any training and investments needed
to enable employees of the Office of the Inspector General to
continually advance their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and
audits of the use of artificial intelligence systems;
and
(3) how the Office of the Inspector General is using
artificial intelligence to enhance audit and
investigative capabilities, including actions to--
(A) ensure the integrity of audit and
investigative results; and
(B) guard against bias in the selection and
conduct of audits and investigations.
(d) Artificial Intelligence Hygiene and Protection of
Government Information, Privacy, Civil Rights, and Civil
Liberties.--
(1) Establishment.--Not later than 1 year after the
date of enactment of this Act, the Director, in
consultation with a working group consisting of members
selected by the Director from appropriate interagency
councils, shall develop an initial means by which to--
(A) ensure that contracts for the acquisition
of an artificial intelligence system or
service--
(i) align with the guidance issued to
the head of each agency under section
104(a) of the AI in Government Act of
2020 (title I of division U of Public
Law 116-260);
(ii) address protection of privacy,
civil rights, and civil liberties;
(iii) address the ownership and
security of data and other information
created, used, processed, stored,
maintained, disseminated, disclosed, or
disposed of by a contractor or
subcontractor on behalf of the Federal
Government; and
(iv) include considerations for
securing the training data, algorithms,
and other components of any artificial
intelligence system against misuse,
unauthorized alteration, degradation,
or rendering inoperable; and
(B) address any other issue or concern
determined to be relevant by the Director to
ensure appropriate use and protection of
privacy and Government data and other
information.
(2) Consultation.--In developing the considerations
under paragraph (1)(A)(iv), the Director shall consult
with the Secretary of Homeland Security, the Secretary
of Energy, the Director of the National Institute of
Standards and Technology, and the Director of National
Intelligence.
(3) Review.--The Director--
(A) should continuously update the means
developed under paragraph (1); and
(B) not later than 2 years after the date of
enactment of this Act and not less frequently
than every 2 years thereafter, shall update the
means developed under paragraph (1).
(4) Briefing.--The Director shall brief the
appropriate congressional committees--
(A) not later than 90 days after the date of
enactment of this Act and thereafter on a
quarterly basis until the Director first
implements the means developed under paragraph
(1); and
(B) annually thereafter on the implementation
of this subsection.
(5) Sunset.--This subsection shall cease to be
effective on the date that is 5 years after the date of
enactment of this Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.
(a) Inventory.--Not later than 60 days after the date of
enactment of this Act, and continuously thereafter for a period
of 5 years, the Director, in consultation with the Chief
Information Officers Council, the Chief Data Officers Council,
and other interagency bodies as determined to be appropriate by
the Director, shall require the head of each agency to--
(1) prepare and maintain an inventory of the
artificial intelligence use cases of the agency,
including current and planned uses;
(2) share agency inventories with other agencies, to
the extent practicable and consistent with applicable
law and policy, including those concerning protection
of privacy and of sensitive law enforcement, national
security, and other protected information; and
(3) make agency inventories available to the public,
in a manner determined by the Director, and to the
extent practicable and in accordance with applicable
law and policy, including those concerning the
protection of privacy and of sensitive law enforcement,
national security, and other protected information.
(b) Central Inventory.--The Director is encouraged to
designate a host entity and ensure the creation and maintenance
of an online public directory to--
(1) make agency artificial intelligence use case
information available to the public and those wishing
to do business with the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described in
subsection (a)(2) may be coordinated through the Chief
Information Officers Council, the Chief Data Officers Council,
the Chief Financial Officers Council, the Chief Acquisition
Officers Council, or other interagency bodies to improve
interagency coordination and information sharing for common use
cases.
(d) Department of Defense.--Nothing in this section shall
apply to the Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL
INTELLIGENCE CAPABILITIES TO DEMONSTRATE
MODERNIZATION ACTIVITIES RELATED TO USE CASES.
(a) Identification of Use Cases.--Not later than 270 days
after the date of enactment of this Act, the Director, in
consultation with the Chief Information Officers Council, the
Chief Data Officers Council, the Chief Financial Officers
Council, and other interagency bodies as determined to be
appropriate by the Director, shall identify 4 new use cases for
the application of artificial intelligence-enabled systems to
support interagency or intra-agency modernization initiatives
that require linking multiple siloed internal and external data
sources, consistent with applicable laws and policies,
including those relating to the protection of privacy and of
sensitive law enforcement, national security, and other
protected information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program
under this subsection include--
(A) to enable agencies to operate across
organizational boundaries, coordinating between
existing established programs and silos to
improve delivery of the agency mission;
(B) to demonstrate the circumstances under
which artificial intelligence can be used to
modernize or assist in modernizing legacy
agency systems; and
(C) to leverage commercially available
artificial intelligence technologies that--
(i) operate in secure cloud
environments that can deploy rapidly
without the need to replace existing
systems; and
(ii) do not require extensive staff
or training to build.
(2) Deployment and pilot.--Not later than 1 year
after the date of enactment of this Act, the Director,
in coordination with the heads of relevant agencies and
Federal entities, including the Administrator of
General Services, the Bureau of Fiscal Service of the
Department of the Treasury, the Council of the
Inspectors General on Integrity and Efficiency, and the
Pandemic Response Accountability Committee, and other
officials as the Director determines to be appropriate,
shall ensure the initiation of the piloting of the 4
new artificial intelligence use case applications
identified under subsection (a), leveraging
commercially available technologies and systems to
demonstrate scalable artificial intelligence-enabled
capabilities to support the use cases identified under
subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying
out paragraph (2), the Director shall require the heads
of agencies to--
(A) evaluate risks in utilizing artificial
intelligence systems; and
(B) develop a risk mitigation plan to address
those risks, including consideration of--
(i) the artificial intelligence
system not performing as expected or as
designed;
(ii) the quality and relevancy of the
data resources used in the training of
the algorithms used in an artificial
intelligence system;
(iii) the processes for training and
testing, evaluating, validating, and
modifying an artificial intelligence
system; and
(iv) the vulnerability of a utilized
artificial intelligence system to
unauthorized manipulation or misuse,
including the use of data resources
that substantially differ from the
training data.
(4) Prioritization.--In carrying out paragraph (2),
the Director shall prioritize modernization projects
that--
(A) would benefit from commercially available
privacy-preserving techniques, such as use of
differential privacy, federated learning, and
secure multiparty computing; and
(B) otherwise take into account
considerations of civil rights and civil
liberties.
(5) Privacy protections.--In carrying out paragraph
(2), the Director shall require the heads of agencies
to use privacy-preserving techniques when feasible,
such as differential privacy, federated learning, and
secure multiparty computing, to mitigate any risks to
individual privacy or national security created by a
project or data linkage.
(6) Use case modernization application areas.--Use
case modernization application areas described in
paragraph (2) shall include not less than 1 from each
of the following categories:
(A) Applied artificial intelligence to drive
agency productivity efficiencies in predictive
supply chain and logistics, such as--
(i) predictive food demand and
optimized supply;
(ii) predictive medical supplies and
equipment demand and optimized supply;
or
(iii) predictive logistics to
accelerate disaster preparedness,
response, and recovery.
(B) Applied artificial intelligence to
accelerate agency investment return and address
mission-oriented challenges, such as--
(i) applied artificial intelligence
portfolio management for agencies;
(ii) workforce development and
upskilling;
(iii) redundant and laborious
analyses;
(iv) determining compliance with
Government requirements, such as with
Federal financial management and grants
management, including implementation of
chapter 64 of subtitle V of title 31,
United States Code;
(v) addressing fraud, waste, and
abuse in agency programs and mitigating
improper payments; or
(vi) outcomes measurement to measure
economic and social benefits.
(7) Requirements.--Not later than 3 years after the
date of enactment of this Act, the Director, in
coordination with the heads of relevant agencies and
other officials as the Director determines to be
appropriate, shall establish an artificial intelligence
capability within each of the 4 use case pilots under
this subsection that--
(A) solves data access and usability issues
with automated technology and eliminates or
minimizes the need for manual data cleansing
and harmonization efforts;
(B) continuously and automatically ingests
data and updates domain models in near real-
time to help identify new patterns and predict
trends, to the extent possible, to help agency
personnel to make better decisions and take
faster actions;
(C) organizes data for meaningful data
visualization and analysis so the Government
has predictive transparency for situational
awareness to improve use case outcomes;
(D) is rapidly configurable to support
multiple applications and automatically adapts
to dynamic conditions and evolving use case
requirements, to the extent possible;
(E) enables knowledge transfer and
collaboration across agencies; and
(F) preserves intellectual property rights to
the data and output for benefit of the Federal
Government and agencies and protects sensitive
personally identifiable information.
(c) Briefing.--Not earlier than 270 days but not later than 1
year after the date of enactment of this Act, and annually
thereafter for 4 years, the Director shall brief the
appropriate congressional committees on the activities carried
out under this section and results of those activities.
(d) Sunset.--The section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the National
Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301
note) is amended--
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term
`commercial item' in section 2.101 of the
Federal Acquisition Regulation; and
``(B) includes a commercial product or a
commercial service, as defined in sections 103
and 103a, respectively, of title 41, United
States Code; and
``(2) the term `innovative' means--
``(A) any new technology, process, or method,
including research and development; or
``(B) any new application of an existing
technology, process, or method.''; and
(3) in subsection (g), by striking ``2022'' and
insert ``2027''.
(b) DHS Other Transaction Authority.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``September 30, 2017'' and inserting
``September 30, 2024''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Prototype projects.--The Secretary--
``(A) may, under the authority of paragraph
(1), carry out prototype projects under section
4022 of title 10, United States Code; and
``(B) in applying the authorities of such
section 4022, the Secretary shall perform the
functions of the Secretary of Defense as
prescribed in such section.'';
(2) in subsection (c)(1), by striking ``September 30,
2017'' and inserting ``September 30, 2024''; and
(3) in subsection (d), by striking ``section 845(e)''
and all that follows and inserting ``section 4022(e) of
title 10, United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management
Tools.--
(1) In general.--The General Services Administration
is encouraged to pilot commercial off the shelf supply
chain risk management tools to improve the ability of
the Federal Government to characterize, monitor,
predict, and respond to specific supply chain threats
and vulnerabilities that could inhibit future Federal
acquisition operations.
(2) Consultation.--In carrying out this subsection,
the General Services Administration shall consult with
the Federal Acquisition Security Council established
under section 1322 of title 41, United States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
Nothing in this subtitle shall apply to any element of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
Subtitle C--Strategic EV Management
SEC. 7231. SHORT TITLE.
This subtitle may be cited as the ``Strategic EV Management
Act of 2022''.
SEC. 7232. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means
the Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning
given the term in section 551 of title 5, United States
Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of
the House of Representatives;
(C) the Committee on Environment and Public
Works of the Senate;
(D) the Committee on Energy and Natural
Resources of the Senate;
(E) the Committee on Energy and Commerce of
the House of Representatives;
(F) the Committee on Appropriations of the
Senate; and
(G) the Committee on Appropriations of the
House of Representatives.
(4) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall coordinate with the heads of agencies to
develop a comprehensive, strategic plan for Federal electric
vehicle fleet battery management.
(b) Contents.--The strategic plan required under subsection
(a) shall--
(1) maximize both cost and environmental
efficiencies; and
(2) incorporate--
(A) guidelines for optimal charging practices
that will maximize battery longevity and
prevent premature degradation;
(B) guidelines for reusing and recycling the
batteries of retired vehicles;
(C) guidelines for disposing electric vehicle
batteries that cannot be reused or recycled;
and
(D) any other considerations determined
appropriate by the Administrator and Director.
(c) Modification.--The Administrator, in consultation with
the Director, may periodically update the strategic plan
required under subsection (a) as the Administrator and Director
may determine necessary based on new information relating to
electric vehicle batteries that becomes available.
(d) Consultation.--In developing the strategic plan required
under subsection (a) the Administrator, in consultation with
the Director, may consult with appropriate entities,
including--
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection
Agency;
(3) the Chair of the Council on Environmental
Quality;
(4) scientists who are studying electric vehicle
batteries and reuse and recycling solutions;
(5) laboratories, companies, colleges, universities,
or start-ups engaged in battery use, reuse, and
recycling research;
(6) industries interested in electric vehicle battery
reuse and recycling;
(7) electric vehicle equipment manufacturers and
recyclers; and
(8) any other relevant entities, as determined by the
Administrator and Director.
(e) Report.--
(1) In general.--Not later than 3 years after the
date of enactment of this Act, the Administrator and
the Director shall submit to the appropriate
congressional committees a report that describes the
strategic plan required under subsection (a).
(2) Briefing.--Not later than 4 years after the date
of enactment of this Act, the Administrator and the
Director shall brief the appropriate congressional
committees on the implementation of the strategic plan
required under subsection (a) across agencies.
SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report on how the costs and benefits of operating
and maintaining electric vehicles in the Federal fleet compare
to the costs and benefits of operating and maintaining internal
combustion engine vehicles.
Subtitle D--Congressionally Mandated Reports
SEC. 7241. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 7242. DEFINITIONS.
In this subtitle:
(1) Congressional leadership.--The term
``congressional leadership'' means the Speaker,
majority leader, and minority leader of the House of
Representatives and the majority leader and minority
leader of the Senate.
(2) Congressionally mandated report.--
(A) In general.--The term ``congressionally
mandated report'' means a report of a Federal
agency that is required by statute to be
submitted to either House of Congress or any
committee of Congress or subcommittee thereof.
(B) Exclusions.--
(i) Patriotic and national
organizations.--The term
``congressionally mandated report''
does not include a report required
under part B of subtitle II of title
36, United States Code.
(ii) Inspectors general.--The term
``congressionally mandated report''
does not include a report by an office
of an inspector general.
(iii) National security exception.--
The term ``congressionally mandated
report'' does not include a report that
is required to be submitted to one or
more of the following committees:
(I) The Select Committee on
Intelligence, the Committee on
Armed Services, the Committee
on Appropriations, or the
Committee on Foreign Relations
of the Senate.
(II) The Permanent Select
Committee on Intelligence, the
Committee on Armed Services,
the Committee on
Appropriations, or the
Committee on Foreign Affairs of
the House of Representatives.
(3) Director.--The term ``Director'' means the
Director of the Government Publishing Office.
(4) Federal agency.--The term ``Federal agency'' has
the meaning given the term ``federal agency'' under
section 102 of title 40, United States Code, but does
not include the Government Accountability Office or an
element of the intelligence community.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
(6) Reports online portal.--The term ``reports online
portal'' means the online portal established under
section 5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Director shall establish
and maintain an online portal accessible by the public
that allows the public to obtain electronic copies of
congressionally mandated reports in one place.
(2) Existing functionality.--To the extent possible,
the Director shall meet the requirements under
paragraph (1) by using existing online portals and
functionality under the authority of the Director in
consultation with the Director of National
Intelligence.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with congressional leadership,
the Clerk of the House of Representatives, the
Secretary of the Senate, and the Librarian of Congress
regarding the requirements for and maintenance of
congressionally mandated reports on the reports online
portal.
(b) Content and Function.--The Director shall ensure that the
reports online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute requiring the
report.
(B) An electronic copy of the report,
including any transmittal letter associated
with the report, that--
(i) is based on an underlying open
data standard that is maintained by a
standards organization;
(ii) allows the full text of the
report to be searchable; and
(iii) is not encumbered by any
restrictions that would impede the
reuse or searchability of the report.
(C) The ability to retrieve a report, to the
extent practicable, through searches based on
each, and any combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or
subcommittee receiving the report, if
applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric
identifier for the report that is
consistent across report editions.
(viii) The serial number,
Superintendent of Documents number, or
other identification number for the
report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information
specified by the Director.
(D) The date on which the report was required
to be submitted, and on which the report was
submitted, to the reports online portal.
(E) To the extent practicable, a permanent
means of accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal
agency to submit to the reports online portal each
congressionally mandated report of the agency, as
required by sections 5244 and 5246.
(5) In tabular form, a list of all congressionally
mandated reports that can be searched, sorted, and
downloaded by--
(A) reports submitted within the required
time;
(B) reports submitted after the date on which
such reports were required to be submitted; and
(C) to the extent practicable, reports not
submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does
not submit a congressionally mandated report to the
Director, the Director shall to the extent
practicable--
(A) include on the reports online portal--
(i) the information required under
clauses (i), (ii), (iv), and (v) of
subsection (b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated
report on the list described in subsection
(b)(5)(C).
(2) Reports not in open format.--If a Federal agency
submits a congressionally mandated report that does not
meet the criteria described in subsection (b)(1)(B),
the Director shall still include the congressionally
mandated report on the reports online portal.
(d) Deadline.--The Director shall ensure that information
required to be published on the reports online portal under
this subtitle with respect to a congressionally mandated report
or information required under subsection (c) of this section is
published--
(1) not later than 30 days after the information is
received from the Federal agency involved; or
(2) in the case of information required under
subsection (c), not later than 30 days after the
deadline under this subtitle for the Federal agency
involved to submit information with respect to the
congressionally mandated report involved.
(e) Exception for Certain Reports.--
(1) Exception described.--A congressionally mandated
report which is required by statute to be submitted to
a committee of Congress or a subcommittee thereof,
including any transmittal letter associated with the
report, shall not be submitted to or published on the
reports online portal if the chair of a committee or
subcommittee to which the report is submitted notifies
the Director in writing that the report is to be
withheld from submission and publication under this
subtitle.
(2) Notice on portal.--If a report is withheld from
submission to or publication on the reports online
portal under paragraph (1), the Director shall post on
the portal--
(A) a statement that the report is withheld
at the request of a committee or subcommittee
involved; and
(B) the written notification provided by the
chair of the committee or subcommittee
specified in paragraph (1).
(f) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for
access to the reports online portal.
(g) Upgrade Capability.--The reports online portal shall be
enhanced and updated as necessary to carry out the purposes of
this subtitle.
(h) Submission to Congress.--The submission of a
congressionally mandated report to the reports online portal
pursuant to this subtitle shall not be construed to satisfy any
requirement to submit the congressionally mandated report to
Congress, or a committee or subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Not earlier
than 30 days or later than 60 days after the date on which a
congressionally mandated report is submitted to either House of
Congress or to any committee of Congress or subcommittee
thereof, the head of the Federal agency submitting the
congressionally mandated report shall submit to the Director
the information required under subparagraphs (A) through (D) of
section 5243(b)(1) with respect to the congressionally mandated
report. Notwithstanding section 5246, nothing in this subtitle
shall relieve a Federal agency of any other requirement to
publish the congressionally mandated report on the online
portal of the Federal agency or otherwise submit the
congressionally mandated report to Congress or specific
committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget, in consultation with the Director, shall issue
guidance to agencies on the implementation of this subtitle.
(c) Structure of Submitted Report Data.--The head of each
Federal agency shall ensure that each congressionally mandated
report submitted to the Director complies with the guidance on
the implementation of this subtitle issued by the Director of
the Office of Management and Budget under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated
reports.
(e) Requirement for Submission.--The Director shall not
publish any report through the reports online portal that is
received from anyone other than the head of the applicable
Federal agency, or an officer or employee of the Federal agency
specifically designated by the head of the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.
(a) Limitation on Authority To Change or Remove Reports.--
Except as provided in subsection (b), the head of the Federal
agency concerned may change or remove a congressionally
mandated report submitted to be published on the reports online
portal only if--
(1) the head of the Federal agency consults with each
committee of Congress or subcommittee thereof to which
the report is required to be submitted (or, in the case
of a report which is not required to be submitted to a
particular committee of Congress or subcommittee
thereof, to each committee with jurisdiction over the
agency, as determined by the head of the agency in
consultation with the Speaker of the House of
Representatives and the President pro tempore of the
Senate) prior to changing or removing the report; and
(2) a joint resolution is enacted to authorize the
change in or removal of the report.
(b) Exceptions.--Notwithstanding subsection (a), the head of
the Federal agency concerned--
(1) may make technical changes to a report submitted
to or published on the reports online portal;
(2) may remove a report from the reports online
portal if the report was submitted to or published on
the reports online portal in error; and
(3) may withhold information, records, or reports
from publication on the reports online portal in
accordance with section 5246.
SEC. 7246. WITHHOLDING OF INFORMATION.
(a) In General.--Nothing in this subtitle shall be construed
to--
(1) require the disclosure of information, records,
or reports that are exempt from public disclosure under
section 552 of title 5, United States Code, or that are
required to be withheld under section 552a of title 5,
United States Code; or
(2) impose any affirmative duty on the Director to
review congressionally mandated reports submitted for
publication to the reports online portal for the
purpose of identifying and redacting such information
or records.
(b) Withholding of Information.--
(1) In general.--Consistent with subsection (a)(1),
the head of a Federal agency may withhold from the
Director, and from publication on the reports online
portal, any information, records, or reports that are
exempt from public disclosure under section 552 of
title 5, United States Code, or that are required to be
withheld under section 552a of title 5, United States
Code.
(2) National security.--Nothing in this subtitle
shall be construed to require the publication, on the
reports online portal or otherwise, of any report
containing information that is classified, the public
release of which could have a harmful effect on
national security, or that is otherwise prohibited.
(3) Law enforcement sensitive.--Nothing in this
subtitle shall be construed to require the publication
on the reports online portal or otherwise of any
congressionally mandated report--
(A) containing information that is law
enforcement sensitive; or
(B) that describe information security
policies, procedures, or activities of the
executive branch.
(c) Responsibility for Withholding of Information.--In
publishing congressionally mandated reports to the reports
online portal in accordance with this subtitle, the head of
each Federal agency shall be responsible for withholding
information pursuant to the requirements of this section.
SEC. 7247. IMPLEMENTATION.
(a) Reports Submitted to Congress.--
(1) In general.--This subtitle shall apply with
respect to any congressionally mandated report which--
(A) is required by statute to be submitted to
the House of Representatives, or the Speaker
thereof, or the Senate, or the President or
President Pro Tempore thereof, at any time on
or after the date of the enactment of this Act;
or
(B) is included by the Clerk of the House of
Representatives or the Secretary of the Senate
(as the case may be) on the list of reports
received by the House of Representatives or the
Senate (as the case may be) at any time on or
after the date of the enactment of this Act.
(2) Transition rule for previously submitted
reports.--To the extent practicable, the Director shall
ensure that any congressionally mandated report
described in paragraph (1) which was required to be
submitted to Congress by a statute enacted before the
date of the enactment of this Act is published on the
reports online portal under this subtitle.
(b) Reports Submitted to Committees.--In the case of
congressionally mandated reports which are required by statute
to be submitted to a committee of Congress or a subcommittee
thereof, this subtitle shall apply with respect to--
(1) any such report which is first required to be
submitted by a statute which is enacted on or after the
date of the enactment of this Act; and
(2) to the maximum extent practical, any
congressionally mandated report which was required to
be submitted by a statute enacted before the date of
enactment of this Act unless--
(A) the chair of the committee, or
subcommittee thereof, to which the report was
required to be submitted notifies the Director
in writing that the report is to be withheld
from publication; and
(B) the Director publishes the notification
on the reports online portal.
(c) Access for Congressional Leadership.--Notwithstanding any
provision of this subtitle or any other provision of law,
congressional leadership shall have access to any
congressionally mandated report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this subtitle,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
Subtitle A--Global Catastrophic Risk Management Act of 2022
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Global Catastrophic Risk
Management Act of 2022''.
SEC. 7302. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Basic need.--The term ``basic need''--
(A) means any good, service, or activity
necessary to protect the health, safety, and
general welfare of the civilian population of
the United States; and
(B) includes--
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health
services; and
(vi) public safety.
(3) Catastrophic incident.--The term ``catastrophic
incident''--
(A) means any natural or man-made disaster
that results in extraordinary levels of
casualties or damage, mass evacuations, or
disruption severely affecting the population,
infrastructure, environment, economy, national
morale, or government functions in an area; and
(B) may include an incident--
(i) with a sustained national impact
over a prolonged period of time;
(ii) that may rapidly exceed
resources available to State and local
government and private sector
authorities in the impacted area; or
(iii) that may significantly
interrupt governmental operations and
emergency services to such an extent
that national security could be
threatened.
(4) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in
section 1016(e) of the Critical Infrastructure
Protection Act of 2001 (42 U.S.C. 5195c(e)).
(5) Existential risk.--The term ``existential risk''
means the potential for an outcome that would result in
human extinction.
(6) Global catastrophic risk.--The term ``global
catastrophic risk'' means the risk of events or
incidents consequential enough to significantly harm or
set back human civilization at the global scale.
(7) Global catastrophic and existential threats.--The
term ``global catastrophic and existential threats''
means threats that with varying likelihood may produce
consequences severe enough to result in systemic
failure or destruction of critical infrastructure or
significant harm to human civilization. Examples of
global catastrophic and existential threats include
severe global pandemics, nuclear war, asteroid and
comet impacts, supervolcanoes, sudden and severe
changes to the climate, and intentional or accidental
threats arising from the use and development of
emerging technologies.
(8) Indian tribal government.--The term ``Indian
Tribal government'' has the meaning given the term
``Indian tribal government'' in section 102 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
(9) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given such
terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(10) National exercise program.--The term ``national
exercise program'' means activities carried out to test
and evaluate the national preparedness goal and related
plans and strategies as described in section 648(b) of
the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 748(b)).
(11) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
SEC. 7303. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.
(a) In General.--The Secretary and the Administrator shall
coordinate an assessment of global catastrophic risk.
(b) Coordination.--When coordinating the assessment under
subsection (a), the Secretary and the Administrator shall
coordinate with senior designees of--
(1) the Assistant to the President for National
Security Affairs;
(2) the Director of the Office of Science and
Technology Policy;
(3) the Secretary of State and the Under Secretary of
State for Arms Control and International Security;
(4) the Attorney General and the Director of the
Federal Bureau of Investigation;
(5) the Secretary of Energy, the Under Secretary of
Energy for Nuclear Security, and the Director of
Science;
(6) the Secretary of Health and Human Services, the
Assistant Secretary for Preparedness and Response, and
the Assistant Secretary of Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, and the Under
Secretary of Commerce for Standards and Technology;
(8) the Secretary of the Interior and the Director of
the United States Geological Survey;
(9) the Administrator of the Environmental Protection
Agency and the Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics
and Space Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant
Secretary of the Army for Civil Works, and the Chief of
Engineers and Commanding General of the Army Corps of
Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency
for International Development;
(16) the Secretary of Transportation; and
(17) other stakeholders the Secretary and the
Administrator determine appropriate.
SEC. 7304. REPORT REQUIRED.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and every 10 years thereafter, the
Secretary, in coordination with the Administrator, shall submit
to the Committee on Homeland Security and Governmental Affairs
and the Committee on Armed Services of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives a
report containing a detailed assessment, based on the input and
coordination required under section 7303, of global
catastrophic and existential risk.
(b) Matters Covered.--Each report required under subsection
(a) shall include--
(1) expert estimates of cumulative global
catastrophic and existential risk in the next 30 years,
including separate estimates for the likelihood of
occurrence and potential consequences;
(2) expert-informed analyses of the risk of the most
concerning specific global catastrophic and existential
threats, including separate estimates, where reasonably
feasible and credible, of each threat for its
likelihood of occurrence and its potential
consequences, as well as associated uncertainties;
(3) a comprehensive list of potential catastrophic or
existential threats, including even those that may have
very low likelihood;
(4) technical assessments and lay explanations of the
analyzed global catastrophic and existential risks,
including their qualitative character and key factors
affecting their likelihood of occurrence and potential
consequences;
(5) an explanation of any factors that limit the
ability of the Secretary to assess the risk both
cumulatively and for particular threats, and how those
limitations may be overcome through future research or
with additional resources, programs, or authorities;
(6) a forecast of if and why global catastrophic and
existential risk is likely to increase or decrease
significantly in the next 10 years, both qualitatively
and quantitatively, as well as a description of
associated uncertainties;
(7) proposals for how the Federal Government may more
adequately assess global catastrophic and existential
risk on an ongoing basis in future years;
(8) recommendations for legislative actions, as
appropriate, to support the evaluation and assessment
of global catastrophic and existential risk; and
(9) other matters deemed appropriate by the
Secretary, in coordination with the Administrator, and
based on the input and coordination required under
section 7303.
(c) Consultation Requirement.--In producing the report
required under subsection (a), the Secretary shall--
(1) regularly consult with experts on severe global
pandemics, nuclear war, asteroid and comet impacts,
supervolcanoes, sudden and severe changes to the
climate, and intentional or accidental threats arising
from the use and development of emerging technologies;
and
(2) share information gained through the consultation
required under paragraph (1) with relevant Federal
partners listed in section 7303(b).
SEC. 7305. ENHANCED CATASTROPHIC INCIDENT ANNEX.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section
7303(b), shall supplement each Federal Interagency Operational
Plan to include an annex containing a strategy to ensure the
health, safety, and general welfare of the civilian population
affected by catastrophic incidents by--
(1) providing for the basic needs of the civilian
population of the United States that is impacted by
catastrophic incidents in the United States;
(2) coordinating response efforts with State, local,
and Indian Tribal governments, the private sector, and
nonprofit relief organizations;
(3) promoting personal and local readiness and non-
reliance on government relief during periods of
heightened tension or after catastrophic incidents; and
(4) developing international partnerships with allied
nations for the provision of relief services and goods.
(b) Elements of the Strategy.--The strategy required under
subsection (a) shall include a description of--
(1) actions the Federal Government should take to
ensure the basic needs of the civilian population of
the United States in a catastrophic incident are met;
(2) how the Federal Government should coordinate with
non-Federal entities to multiply resources and enhance
relief capabilities, including--
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response
entities; and
(G) nonprofit relief services;
(3) actions the Federal Government should take to
enhance individual resiliency to the effects of a
catastrophic incident, which actions shall include--
(A) readiness alerts to the public during
periods of elevated threat;
(B) efforts to enhance domestic supply and
availability of critical goods and basic
necessities; and
(C) information campaigns to ensure the
public is aware of response plans and services
that will be activated when necessary;
(4) efforts the Federal Government should undertake
and agreements the Federal Government should seek with
international allies to enhance the readiness of the
United States to provide for the general welfare;
(5) how the strategy will be implemented should
multiple levels of critical infrastructure be destroyed
or taken offline entirely for an extended period of
time; and
(6) the authorities the Federal Government should
implicate in responding to a catastrophic incident.
(c) Assumptions.--In designing the strategy under subsection
(a), the Secretary, in coordination with the Administrator and
the Federal partners listed in section 7303(b), shall account
for certain factors to make the strategy operationally viable,
including the assumption that--
(1) multiple levels of critical infrastructure have
been taken offline or destroyed by catastrophic
incidents or the effects of catastrophic incidents;
(2) impacted sectors may include--
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector;
and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial
governments have been equally affected or made largely
inoperable by catastrophic incidents or the effects of
catastrophic incidents;
(4) the emergency has exceeded the response
capabilities of State, local, and Indian Tribal
governments under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) and other relevant disaster response laws; and
(5) the United States military is sufficiently
engaged in armed or cyber conflict with State or non-
State adversaries, or is otherwise unable to augment
domestic response capabilities in a significant manner
due to a catastrophic incident.
SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.
Not later than 1 year after the addition of the annex
required under section 7305, the Administrator shall lead an
exercise as part of the national exercise program to test and
enhance the operationalization of the strategy required under
section 7305.
SEC. 7307. RECOMMENDATIONS.
(a) In General.--The Secretary, in coordination with the
Administrator and the Federal partners listed in section
7303(b) of this title, shall provide recommendations to
Congress for--
(1) actions that should be taken to prepare the
United States to implement the strategy required under
section 7305, increase readiness, and address
preparedness gaps for responding to the impacts of
catastrophic incidents on citizens of the United
States; and
(2) additional authorities that should be considered
for Federal agencies to more effectively implement the
strategy required under section 7305.
(b) Inclusion in Reports.--The Secretary may include the
recommendations required under subsection (a) in a report
submitted under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.
Not later than 1 year after the date on which the
Administrator leads the exercise under section 7306, the
Secretary, in coordination with the Administrator, shall submit
to Congress a report that includes--
(1) a description of the efforts of the Secretary and
the Administrator to develop and update the strategy
required under section 7305; and
(2) an after-action report following the conduct of
the exercise described in section 7306.
SEC. 7309. RULES OF CONSTRUCTION.
(a) Administrator.--Nothing in this subtitle shall be
construed to supersede the civilian emergency management
authority of the Administrator under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) or the Post Katrina Emergency Management Reform Act (6
U.S.C. 701 et seq.).
(b) Secretary.--Nothing in this subtitle shall be construed
as providing new authority to the Secretary, except to
coordinate and facilitate the development of the assessments
and reports required pursuant to this subtitle.
Subtitle B--Technological Hazards Preparedness and Training
SEC. 7311. SHORT TITLE.
This subtitle may be cited as the ``Technological Hazards
Preparedness and Training Act of 2022''.
SEC. 7312. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Indian tribal government.--The term ``Indian
Tribal government'' has the meaning given the term
``Indian tribal government'' in section 102 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
(3) Local government; state.--The terms ``local
government'' and ``State'' have the meanings given such
terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(4) Technological hazard and related emerging
threat.--The term ``technological hazard and related
emerging threat''--
(A) means a hazard that involves materials
created by humans that pose a unique hazard to
the general public and environment and which
may result from--
(i) an accident;
(ii) an emergency caused by another
hazard; or
(iii) intentional use of the
hazardous materials; and
(B) includes a chemical, radiological,
biological, and nuclear hazard.
SEC. 7313. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH TECHNOLOGICAL
HAZARDS AND RELATED EMERGING THREATS.
(a) In General.--The Administrator shall maintain the
capacity to provide States, local, and Indian Tribal
governments with technological hazards and related emerging
threats technical assistance, training, and other preparedness
programming to build community resilience to technological
hazards and related emerging threats.
(b) Authorities.--The Administrator shall carry out
subsection (a) in accordance with--
(1) the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act
of 2018 (42 U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109-295; 120 Stat. 1394).
(c) Assessment and Notification.--In carrying out subsection
(a), the Administrator shall--
(1) use any available and appropriate multi-hazard
risk assessment and mapping tools and capabilities to
identify the communities that have the highest risk of
and vulnerability to a technological hazard in each
State; and
(2) ensure each State and Indian Tribal government is
aware of--
(A) the communities identified under
paragraph (1); and
(B) the availability of programming under
this section for--
(i) technological hazards and related
emerging threats preparedness; and
(ii) building community capability.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Appropriations of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on Health,
Education, Labor, and Pensions of the Senate, the Committee on
Energy and Commerce of the House of Representatives, the
Committee on Homeland Security of the House of Representatives,
the Committee on Appropriations of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
relating to--
(1) actions taken to implement this section; and
(2) technological hazards and related emerging
threats preparedness programming provided under this
section during the 1-year period preceding the date of
submission of the report.
(e) Consultation.--The Secretary of Homeland Security may
seek continuing input relating to technological hazards and
related emerging threats preparedness needs by consulting
State, Tribal, territorial, and local emergency services
organizations and private sector stakeholders.
(f) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of Energy relating to
technological hazard preparedness and training for a hazard
that could result from activities or facilities authorized or
licensed by the Department of Energy.
(g) Non-duplication of Effort.--In carrying out activities
under subsection (a), the Administrator shall ensure that such
activities do not unnecessarily duplicate efforts of other
Federal departments or agencies, including programs within the
Department of Health and Human Services.
SEC. 7314. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle $20,000,000 for each of fiscal years 2023 through
2024.
SEC. 7315. SAVINGS PROVISION.
Nothing in this subtitle shall diminish or divert resources
from--
(1) the full completion of federally-led chemical
surety material storage missions or chemical
demilitarization missions that are underway as of the
date of enactment of this Act; or
(2) any transitional activities or other community
assistance incidental to the completion of the missions
described in paragraph (1).
Subtitle C--Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5192(a)(6)) is amended by inserting ``and section
416'' after ``section 408''.
(b) Applicability.--The amendment made by subsection (a)
shall only apply to amounts appropriated on or after the date
of enactment of this Act.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Water
Resources Development Act of 2022''.
(b) Table of Contents.--The table of contents for this title
is as follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small,
remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake
Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the
Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot
program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal
costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or
rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B--Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in
Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek,
California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf
Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan
implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and
testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small
business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New
Mexico.
Sec. 8356. Ecosystem restoration, Hudson-Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement
costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D--Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of
the Army.
Subtitle A--General Provisions
SEC. 8101. FEDERAL BREAKWATERS AND JETTIES.
(a) In General.--In carrying out repair or maintenance
activity of a Federal jetty or breakwater associated with an
authorized navigation project, the Secretary shall,
notwithstanding the authorized dimensions of the jetty or
breakwater, ensure that such repair or maintenance activity is
sufficient to meet the authorized purpose of such project,
including ensuring that any harbor or inland harbor associated
with the project is protected from projected changes in wave
action or height (including changes that result from relative
sea level change over the useful life of the project).
(b) Classification of Activity.--The Secretary may not
classify any repair or maintenance activity of a Federal jetty
or breakwater carried out under subsection (a) as major
rehabilitation of such jetty or breakwater--
(1) if the Secretary determines that--
(A) projected changes in wave action or
height, including changes that result from
relative sea level change, will diminish the
functionality of the jetty or breakwater to
meet the authorized purpose of the project; and
(B) such repair or maintenance activity is
necessary to restore such functionality; or
(2) if--
(A) the Secretary has not carried out regular
and routine Federal maintenance activity at the
jetty or breakwater; and
(B) the structural integrity of the jetty or
breakwater is degraded as a result of a lack of
such regular and routine Federal maintenance
activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.
(a) In General.--Section 5(a)(1) of the Act of August 18,
1941 (33 U.S.C. 701n(a)(1)) is amended by striking ``in the
repair and restoration of any federally authorized hurricane or
shore protective structure'' and all that follows through
``non-Federal sponsor.'' and inserting ``in the repair and
restoration of any federally authorized hurricane or shore
protective structure or project damaged or destroyed by wind,
wave, or water action of other than an ordinary nature to the
pre-storm level of protection, to the design level of
protection, or, notwithstanding the authorized dimensions of
the structure or project, to a level sufficient to meet the
authorized purpose of such structure or project, whichever
provides greater protection, when, in the discretion of the
Chief of Engineers, such repair and restoration is warranted
for the adequate functioning of the structure or project for
hurricane or shore protection, including to ensure the
structure or project is functioning adequately to protect
against projected changes in wave action or height or storm
surge (including changes that result from relative sea level
change over the useful life of the structure or project),
subject to the condition that the Chief of Engineers may, if
requested by the non-Federal sponsor, include modifications to
the structure or project (including the addition of new project
features) to address major deficiencies, increase resilience,
increase benefits from the reduction of damages from
inundation, wave action, or erosion, or implement nonstructural
alternatives to the repair or restoration of the structure.''.
(b) Great Lakes Advance Measures Assistance.--
(1) In general.--The Secretary shall not deny a
request from the Governor of a Great Lakes State to
provide advance measures assistance pursuant to section
5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a))
to reduce the risk of damage from rising water levels
in the Great Lakes solely on the basis that the damage
is caused by erosion.
(2) Federal share.--Assistance provided by the
Secretary pursuant to a request described in paragraph
(1) shall be at Federal expense if the assistance is
for the construction of advance measures to a temporary
construction standard.
(3) Great lakes state defined.--In this subsection,
the term ``Great Lakes State'' means the State of
Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, or Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.
(a) In General.--Section 212 of the Water Resources
Development Act of 1999 (33 U.S.C. 2332) is amended--
(1) in the section heading, by striking ``flood
mitigation and riverine restoration program'' and
inserting ``shoreline and riverine protection and
restoration'';
(2) by striking subsection (a) and inserting the
following:
``(a) In General.--The Secretary may carry out studies and
projects to--
``(1) reduce flood and hurricane and storm damage
hazards; or
``(2) restore the natural functions and values of
rivers and shorelines throughout the United States.'';
(3) in subsection (b)--
(A) by striking paragraph (1) and inserting
the following:
``(1) Authority.--
``(A) Studies.--In carrying out subsection
(a), the Secretary may carry out studies to
identify appropriate measures for--
``(i) the reduction of flood and
hurricane and storm damage hazards,
including measures for erosion
mitigation and bank stabilization; or
``(ii) the conservation and
restoration of the natural functions
and values of rivers and shorelines.
``(B) Projects.--Subject to subsection
(f)(2), in carrying out subsection (a), the
Secretary may design and implement projects
described in subsection (a).'';
(B) in paragraph (3), by striking ``flood
damages'' and inserting ``flood and hurricane
and storm damages, including the use of natural
features or nature-based features''; and
(C) in paragraph (4)--
(i) by inserting ``and hurricane and
storm'' after ``flood'';
(ii) by inserting ``, shoreline,''
after ``riverine''; and
(iii) by inserting ``and coastal
barriers'' after ``floodplains'';
(4) in subsection (c)--
(A) in paragraph (1), by inserting ``, except
that the first $200,000 of the costs of a study
conducted under this section shall be at
Federal expense'' before the period;
(B) in paragraph (2)--
(i) in the paragraph heading, by
striking ``flood control''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Design and construction of
a project under this section that includes a
nonstructural measure, a natural feature or
nature-based feature, or an environmental
restoration measure, shall be subject to cost
sharing in accordance with section 103 of the
Water Resources Development Act of 1986 (33
U.S.C. 2213), except that the non-Federal share
of the cost to design and construct such a
project benefitting an economically
disadvantaged community (including economically
disadvantaged communities located in urban and
rural areas) shall be 10 percent.''; and
(C) in paragraph (3)--
(i) in the paragraph heading, by
inserting ``or hurricane and storm
damage reduction'' after ``flood
control'';
(ii) by inserting ``or hurricane and
storm damage reduction'' after ``flood
control'' ; and
(iii) by striking ``section 103(a) of
the Water Resources Development Act of
1986 (33 U.S.C. 2213(a))'' and
inserting ``section 103 of the Water
Resources Development Act of 1986 (33
U.S.C. 2213), except that the non-
Federal share of the cost to design and
construct such a project benefitting an
economically disadvantaged community
(including economically disadvantaged
communities located in urban and rural
areas) shall be 10 percent'';
(5) by striking subsection (d) and inserting the
following:
``(d) Project Justification.--Notwithstanding any requirement
for economic justification established under section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2), the Secretary may
implement a project under this section if the Secretary
determines that the project--
``(1) will significantly reduce potential flood,
hurricane and storm, or erosion damages;
``(2) will improve the quality of the environment;
and
``(3) is justified considering all costs and
beneficial outputs of the project.'';
(6) in subsection (e)--
(A) in the subsection heading, by striking
``Priority Areas'' and inserting ``Areas for
Examination'';
(B) by redesignating paragraphs (1) through
(33) as subparagraphs (A) through (GG),
respectively, and adjusting the margins
appropriately;
(C) by striking ``In carrying out'' and
inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(2) Priority projects.--In carrying out this
section, the Secretary shall prioritize projects for
the following locations:
``(A) Delaware beaches and watersheds,
Delaware.
``(B) Louisiana Coastal Area, Louisiana.
``(C) Great Lakes Shores and Watersheds.
``(D) Oregon Coastal Area and Willamette
River basin, Oregon.
``(E) Upper Missouri River Basin.
``(F) Ohio River Tributaries and their
watersheds, West Virginia.
``(G) Chesapeake Bay watershed and Maryland
beaches, Maryland.
``(H) City of Southport, North Carolina.
``(I) Maumee River, Ohio.
``(J) Los Angeles and San Gabriel Rivers,
California.
``(K) Kentucky River and its tributaries and
watersheds.'';
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection
(f);
(9) in subsection (f) (as so redesignated), by
striking paragraph (2) and inserting the following:
``(2) Projects requiring specific authorization.--If
the Federal share of the cost to design and construct a
project under this section exceeds $15,000,000, the
Secretary may only carry out the project if Congress
enacts a law authorizing the Secretary to carry out the
project.''; and
(10) by adding at the end the following:
``(g) Definitions.--In this section:
``(1) Economically disadvantaged community.--The term
`economically disadvantaged community' has the meaning
given the term as defined by the Secretary under
section 160 of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note).
``(2) Natural feature; nature-based feature.--The
terms `natural feature' and `nature-based feature' have
the meanings given those terms in section 1184(a) of
the Water Resources Development Act of 2016 (33 U.S.C.
2289a(a)).''.
(b) Clerical Amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 1999
(113 Stat. 269) is amended by striking the item relating to
section 212 and inserting the following:
``Sec. 212. Shoreline and riverine protection and restoration.''.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.
Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a)
is amended--
(1) by striking ``Sec. 206. (a) In recognition'' and
inserting the following:
``SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.
``(a) Compilation and Dissemination.--
``(1) In general.--In recognition'';
(2) in subsection (a)--
(A) in the second sentence, by striking
``Surveys and guides'' and inserting the
following:
``(2) Surveys and guides.--Surveys and guides'';
(B) in the first sentence, by inserting
``identification of areas subject to floods due
to accumulated snags and other debris,'' after
``inundation by floods of various magnitudes
and frequencies,''; and
(C) by adding at the end the following:
``(3) Identification of assistance.--
``(A) In general.--To the maximum extent
practicable, in providing assistance under this
subsection, the Secretary shall identify and
communicate to States and non-Federal interests
specific opportunities to partner with the
Corps of Engineers to address flood hazards.
``(B) Coordination.--The Secretary shall
coordinate activities under this paragraph with
activities described in section 22 of the Water
Resources Development Act of 1974 (42 U.S.C.
1962d-16).'';
(3) by redesignating subsection (d) as subsection
(e); and
(4) by inserting after subsection (c) the following:
``(d) Institutions of Higher Education.--Notwithstanding
section 4141 of title 10, United States Code, in carrying out
this section, the Secretary may work with an institution of
higher education, as determined appropriate by the
Secretary.''.
SEC. 8105. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION
PROJECTS.
At the request of a non-Federal interest, the Secretary is
authorized to study the incorporation of public recreational
amenities, including facilities for hiking, biking, walking,
and waterborne recreation, into a project for ecosystem
restoration, including a project carried out under section 206
of the Water Resources Development Act of 1996 (33 U.S.C.
2330), if the incorporation of such amenities would be
consistent with the ecosystem restoration purposes of the
project.
SEC. 8106. SCOPE OF FEASIBILITY STUDIES.
(a) Flood Risk Management or Hurricane and Storm Damage Risk
Reduction.--In carrying out a feasibility study for a project
for flood risk management or hurricane and storm damage risk
reduction, the Secretary, at the request of the non-Federal
interest for the study, shall formulate alternatives to
maximize the net benefits from the reduction of the
comprehensive flood risk within the geographic scope of the
study from the isolated and compound effects of--
(1) a riverine discharge of any magnitude or
frequency;
(2) inundation, wave attack, and erosion coinciding
with a hurricane or coastal storm;
(3) flooding associated with tidally influenced
portions of rivers, bays, and estuaries that are
hydrologically connected to the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the
area within the geographic scope of the study.
(b) Water Supply, Water Conservation, and Drought Risk
Reduction.--In carrying out a feasibility study for any
purpose, the Secretary, at the request of the non-Federal
interest for the study, shall formulate alternatives--
(1) to maximize combined net benefits for the primary
purpose of the study and for the purposes of water
supply or water conservation (including the use of
water supply conservation measures described in section
1116 of the Water Resources Development Act of 2016
(130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of
water supply or water conservation if the Secretary
determines that such measures may reduce potential
adverse impacts of extreme weather events, including
drought, on water resources within the geographic scope
of the study.
(c) Cost Sharing.--All costs to carry out a feasibility study
in accordance with this section shall be shared in accordance
with the cost share requirements otherwise applicable to the
study.
SEC. 8107. WATER SUPPLY CONSERVATION.
Section 1116 of the Water Resources Development Act of 2016
(130 Stat. 1639) is amended--
(1) in subsection (a), in the matter preceding
paragraph (1), by striking ``during the 1-year period
ending on the date of enactment of this Act'' and
inserting ``for any portion of any 2 consecutive or
nonconsecutive years during the 10-year period
preceding a request from a non-Federal interest for
assistance under this section''; and
(2) in subsection (b)(4), by inserting ``, including
measures utilizing a natural feature or nature-based
feature (as those terms are defined in section 1184(a))
to reduce drought risk'' after ``water supply''.
SEC. 8108. MANAGED AQUIFER RECHARGE STUDY AND WORKING GROUP.
(a) Assessment.--
(1) In general.--The Secretary shall, in consultation
with applicable non-Federal interests, conduct a
national assessment of carrying out managed aquifer
recharge projects to address drought, water resiliency,
and aquifer depletion at authorized water resources
development projects.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) assess and identify opportunities to
support non-Federal interests, including Tribal
communities, in carrying out managed aquifer
recharge projects; and
(B) assess preliminarily local hydrogeologic
conditions relevant to carrying out managed
aquifer recharge projects.
(3) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate, as appropriate, with the
heads of other Federal agencies, States, regional
governmental agencies, units of local government,
experts in managed aquifer recharge, and Tribes.
(b) Feasibility Studies.--
(1) Authorization.--The Secretary is authorized to
carry out feasibility studies, at the request of a non-
Federal interest, of managed aquifer recharge projects
in areas that are experiencing, or have recently
experienced, prolonged drought conditions, aquifer
depletion, or water supply scarcity.
(2) Limitation.--The Secretary may carry out not more
than 10 feasibility studies under this subsection.
(3) Use of information.--The Secretary shall, to the
maximum extent practicable, use information gathered
from the assessment conducted under subsection (a) in
identifying and selecting feasibility studies to carry
out under this subsection.
(4) Cost share.--The Federal share of the cost of a
feasibility study carried out under this subsection
shall be 90 percent.
(c) Working Group.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
establish a managed aquifer recharge working group made
up of subject matter experts within the Corps of
Engineers and relevant non-Federal stakeholders.
(2) Composition.--In establishing the working group
under paragraph (1), the Secretary shall ensure that
members of the working group have expertise working
with--
(A) projects providing water supply storage
to meet regional water supply demand,
particularly in regions experiencing drought;
(B) the protection of groundwater supply,
including promoting infiltration and increased
recharge in groundwater basins, and groundwater
quality;
(C) aquifer storage, recharge, and recovery
wells;
(D) dams that provide recharge enhancement
benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including
the use of aquifers for irrigation purposes.
(3) Duties.--The working group established under this
subsection shall--
(A) advise the Secretary regarding the
development and execution of the assessment
under subsection (a) and any feasibility
studies under subsection (b);
(B) assist Corps of Engineers offices at the
headquarter, division, and district levels with
raising awareness of non-Federal interests of
the potential benefits of carrying out managed
aquifer recharge projects; and
(C) assist with the development of the report
required to be submitted under subsection (d).
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on managed aquifer recharge that
includes--
(1) the results of the assessment conducted under
subsection (a) and any feasibility studies carried out
under subsection (b), including data collected under
such assessment and studies and any recommendations on
managed aquifer recharge opportunities for non-Federal
interests, States, local governments, and Tribes;
(2) a status update on the implementation of the
recommendations included in the report of the U.S. Army
Corps of Engineers Institute for Water Resources
entitled ``Managed Aquifer Recharge and the U.S. Army
Corps of Engineers: Water Security through
Resilience'', published in April 2020 (2020-WP-01); and
(3) an evaluation of the benefits of creating a new
or modifying an existing planning center of expertise
for managed aquifer recharge, and identify potential
locations for such a center of expertise, if feasible.
(e) Savings Provision.--Nothing in this section affects the
non-Federal share of the cost of construction of a managed
aquifer recharge project under section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213) or any other
provision of law.
(f) Definitions.--In this section:
(1) Managed aquifer recharge.--The term ``managed
aquifer recharge'' means the intentional banking and
treatment of water in aquifers for storage and future
use.
(2) Managed aquifer recharge project.--The term
``managed aquifer recharge project'' means a project to
incorporate managed aquifer recharge features into a
water resources development project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.
On request of the Governor of a State for which the Governor
declared a statewide drought disaster in 2021, the Secretary is
authorized to update water control manuals for water resources
development projects under the authority of the Secretary in
the State, with priority given to those projects that include
water supply or water conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.
(a) In General.--The Secretary, acting through the Director
of the Engineer Research and Development Center, is authorized
to carry out a study of coastal geographic land changes, with
recurring national coastal mapping technology, along the
coastal zone of the United States to support Corps of Engineers
missions.
(b) Study.--In carrying out the study under subsection (a),
the Secretary shall identify--
(1) new or advanced geospatial information and remote
sensing tools for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively--
(A) collect and analyze such advanced
geospatial information;
(B) disseminate such geospatial information
to relevant offices of the Corps of Engineers,
other Federal agencies, States, Tribes, and
local governments; and
(C) make such geospatial information
available to other stakeholders.
(c) Demonstration Project.--
(1) Project area.--In carrying out the study under
subsection (a), the Secretary shall carry out a
demonstration project in the coastal region covering
the North Carolina coastal waters, connected bays,
estuaries, rivers, streams, and creeks, to their
tidally influenced extent inland.
(2) Scope.--In carrying out the demonstration
project, the Secretary shall--
(A) identify and study potential hazards,
such as debris, sedimentation, dredging
effects, and flood areas;
(B) identify best practices described in
subsection (b)(2), including best practices
relating to geographical coverage and frequency
of mapping;
(C) evaluate and demonstrate relevant mapping
technologies to identify which are the most
effective for regional mapping of the
transitional areas between the open coast and
inland waters; and
(D) demonstrate remote sensing tools for
coastal mapping.
(d) Coordination.--In carrying out this section, the
Secretary shall coordinate with other Federal and State
agencies that are responsible for authoritative data and
academic institutions and other entities with relevant
expertise.
(e) Panel.--
(1) Establishment.--In carrying out this section, the
Secretary shall establish a panel of senior leaders
from the Corps of Engineers and other Federal agencies
that are stakeholders in the coastal mapping program
carried out through the Engineer Research and
Development Center.
(2) Duties.--The panel established under this
subsection shall--
(A) coordinate the collection of data under
the study carried out under this section;
(B) coordinate the use of geospatial
information and remote sensing tools, and the
application of the best practices identified
under the study, by Federal agencies; and
(C) identify technical topics and challenges
that require multiagency collaborative research
and development.
(f) Use of Existing Information.--In carrying out this
section, the Secretary shall consider any relevant information
developed under section 516(g) of the Water Resources
Development Act of 1996 (33 U.S.C. 2326b(g)).
(g) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes--
(1) the results of the study carried out under this
section; and
(2) any geographical areas recommended for additional
study.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $25,000,000, to
remain available until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended--
(1) in subsection (a), by striking ``(25 U.S.C.
450b)'' and inserting ``(25 U.S.C. 5304)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``hurricane
and storm'' after ``flood'';
and
(II) by inserting ``including
erosion control,'' after
``reduction,'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) by redesignating subparagraph
(C) as subparagraph (D); and
(iv) by inserting after subparagraph
(B) the following:
``(C) technical assistance to an Indian
tribe, including--
``(i) assistance for planning to
ameliorate flood hazards, to avoid
repetitive flood impacts, to
anticipate, prepare, and adapt to
changing hydrological and climatic
conditions and extreme weather events,
and to withstand, respond to, and
recover rapidly from disruption due to
flood hazards; and
``(ii) the provision of, and
integration into planning of,
hydrologic, economic, and environmental
data and analyses; and'';
(B) in paragraph (3), by adding at the end
the following:
``(C) Initial costs.--The first $200,000 of
the costs of a study under this section shall
be at Federal expense.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by striking
``$18,500,000'' and inserting
``$26,000,000''; and
(ii) in subparagraph (B), by striking
``$18,500,000'' and inserting
``$26,000,000''; and
(D) by adding at the end the following:
``(5) Project justification.--Notwithstanding any
requirement for economic justification established
under section 209 of the Flood Control Act of 1970 (42
U.S.C. 1962-2), the Secretary may implement a project
(other than a project for ecosystem restoration) under
this section if the Secretary determines that the
project will--
``(A) significantly reduce potential flood or
hurricane and storm damage hazards (which may
be limited to hazards that may be addressed by
measures for erosion mitigation or bank
stabilization);
``(B) improve the quality of the environment;
``(C) reduce risks to life safety associated
with the hazards described in subparagraph (A);
and
``(D) improve the long-term viability of the
community.'';
(3) in subsection (d)--
(A) in paragraph (5)(B)--
(i) by striking ``non-Federal'' and
inserting ``Federal''; and
(ii) by striking ``50 percent'' and
inserting ``100 percent''; and
(B) by adding at the end the following:
``(6) Technical assistance.--The Federal share of the
cost of activities described in subsection (b)(2)(C)
shall be 100 percent.''; and
(4) in subsection (e), by striking ``2024'' and
inserting ``2033''.
SEC. 8112. TRIBAL LIAISON.
(a) In General.--Beginning not later than 1 year after the
date of enactment of this Act, the District Commander for each
Corps of Engineers district that contains a Tribal community
shall have on staff a Tribal Liaison.
(b) Duties.--Each Tribal Liaison shall make recommendations
to the applicable District Commander regarding, and be
responsible for--
(1) removing barriers to access to, and participation
in, Corps of Engineers programs for Tribal communities,
including by improving implementation of section 103(m)
of the Water Resources Development Act of 1986 (33
U.S.C. 2213(m));
(2) improving outreach to, and engagement with,
Tribal communities about relevant Corps of Engineers
programs and services;
(3) identifying and engaging with Tribal communities
suffering from water resources challenges;
(4) improving, expanding, and facilitating
government-to-government consultation between Tribal
communities and the Corps of Engineers;
(5) coordinating and implementing all relevant Tribal
consultation policies and associated guidelines,
including the requirements of section 112 of the Water
Resources Development Act of 2020 (33 U.S.C. 2356);
(6) training and tools to facilitate the ability of
Corps of Engineers staff to effectively engage with
Tribal communities in a culturally competent manner,
especially in regards to lands of ancestral, historic,
or cultural significance to a Tribal community,
including burial sites; and
(7) such other issues identified by the Secretary.
(c) Uniformity.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall finalize guidelines
for--
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons,
including experience and expertise relating to Tribal
communities and water resource issues.
(d) Funding.--Funding for the position of Tribal Liaison
shall be allocated from the budget line item provided for the
expenses necessary for the supervision and general
administration of the civil works program, and filling the
position shall not be dependent on any increase in this budget
line item.
(e) Definitions.--In this section:
(1) Tribal community.--The term ``Tribal community''
means a community of people who are recognized and
defined under Federal law as indigenous people of the
United States.
(2) Tribal liaison.--The term ``Tribal Liaison''
means a permanent employee of a Corps of Engineers
district whose primary responsibilities are to--
(A) serve as a direct line of communication
between the District Commander and the Tribal
communities within the boundaries of the Corps
of Engineers district; and
(B) ensure consistency in government-to-
government relations.
SEC. 8113. TRIBAL ASSISTANCE.
(a) Clarification of Existing Authority.--
(1) In general.--Subject to paragraph (2), the
Secretary, in consultation with the heads of relevant
Federal agencies, the Confederated Tribes of the Warm
Springs Reservation of Oregon, the Confederated Tribes
and Bands of the Yakama Nation, the Nez Perce Tribe,
and the Confederated Tribes of the Umatilla Indian
Reservation, shall revise and carry out the village
development plan for The Dalles Dam, Columbia River,
Washington and Oregon, as authorized by section 204 of
the Flood Control Act of 1950 (chapter 188, 64 Stat.
179), to comprehensively address adverse impacts to
Indian villages, housing sites, and related structures
as a result of the construction of The Dalles Dam,
Bonneville Dam, McNary Dam, and John Day Dam,
Washington and Oregon.
(2) Examination.--Before carrying out the
requirements of paragraph (1), the Secretary shall
conduct an examination and assessment of the extent to
which Indian villages, housing sites, and related
structures were displaced or destroyed by the
construction of the following projects:
(A) Bonneville Dam, Columbia River, Oregon,
as authorized by the first section of the Act
of August 30, 1935 (chapter 831, 49 Stat. 1038)
and the first section and section 2(a) of the
Act of August 20, 1937 (16 U.S.C. 832,
832a(a)).
(B) McNary Dam, Columbia River, Washington
and Oregon, as authorized by section 2 of the
Act of March 2, 1945 (chapter 19, 59 Stat. 22).
(C) John Day Dam, Columbia River, Washington
and Oregon, as authorized by section 204 of the
Flood Control Act of 1950 (chapter 188, 64
Stat. 179).
(3) Requirements.--The village development plan under
paragraph (1) shall include, at a minimum--
(A) an evaluation of sites on both sides of
the Columbia River;
(B) an assessment of suitable Federal land
and land owned by the States of Washington and
Oregon; and
(C) an estimated cost and tentative schedule
for the construction of each housing
development.
(4) Location of assistance.--The Secretary may
provide housing and related assistance under this
subsection at 1 or more village sites in the States of
Washington and Oregon.
(b) Provision of Assistance on Federal Land.--The Secretary
may construct housing or provide related assistance on land
owned by the United States in carrying out the village
development plan under subsection (a)(1).
(c) Acquisition and Disposal of Land.--
(1) In general.--Subject to subsection (d), the
Secretary may acquire land or interests in land for the
purpose of providing housing and related assistance in
carrying out the village development plan under
subsection (a)(1).
(2) Advance acquisition.--Acquisition of land or
interests in land under paragraph (1) may be carried
out in advance of completion of all required
documentation and receipt of all required clearances
for the construction of housing or related improvements
on the land.
(3) Disposal of unsuitable land.--If the Secretary
determines that any land or interest in land acquired
by the Secretary under paragraph (2) is unsuitable for
that housing or for those related improvements, the
Secretary may--
(A) dispose of the land or interest in land
by sale; and
(B) credit the proceeds to the appropriation,
fund, or account used to purchase the land or
interest in land.
(d) Limitation.--The Secretary shall only acquire land from
willing landowners in carrying out this section.
(e) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with a Tribe described in subsection
(a)(1), or with a Tribal organization of such a Tribe, to
provide funds to the Tribe to construct housing or provide
related assistance in carrying out the village development plan
under such subsection.
(f) Conveyance Authorized.--Upon completion of construction
at a village site under this section, the Secretary may,
without consideration, convey the village site and the
improvements located thereon to a Tribe described in subsection
(a)(1), or to a Tribal organization of such a Tribe.
(g) Conforming Amendment.--Section 1178(c) of the Water
Resources Development Act of 2016 (130 Stat. 1675; 132 Stat.
3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND INDIAN
TRIBES.
Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at
the end;
(B) in paragraph (2), by striking the period
at the end and inserting ``; and'' ; and
(C) by adding at the end the following:
``(3) for any organization that--
``(A) is composed primarily of people who
are--
``(i) recognized and defined under
Federal law as indigenous people of the
United States; and
``(ii) from a specific community; and
``(B) assists in the social, cultural, and
educational development of such people in that
community.''; and
(2) by adding at the end the following:
``(c) Inclusion.--For purposes of this section, the term
`study' includes a watershed assessment.
``(d) Application.--The Secretary shall apply the waiver
amount described in subsection (a) to reduce only the non-
Federal share of study and project costs.''.
SEC. 8115. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a
committee, to be known as the ``Tribal and Economically
Disadvantaged Communities Advisory Committee'', to develop and
make recommendations to the Secretary and the Chief of
Engineers on activities and actions that should be undertaken
by the Corps of Engineers to ensure more effective delivery of
water resources development projects, programs, and other
assistance to Indian Tribes and economically disadvantaged
communities, including economically disadvantaged communities
located in urban and rural areas.
(b) Membership.--The Committee shall be composed of members,
appointed by the Secretary, who have the requisite experiential
or technical knowledge needed to address issues related to the
water resources needs and challenges of economically
disadvantaged communities and Indian Tribes, including--
(1) 5 individuals representing organizations with
expertise in environmental policy, rural water
resources, economically disadvantaged communities,
Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal
interest for a Corps of Engineers project.
(c) Duties.--
(1) Recommendations.--The Committee shall provide
advice and make recommendations to the Secretary and
the Chief of Engineers to assist the Corps of Engineers
in--
(A) efficiently and effectively delivering
solutions to the needs and challenges of water
resources development projects for economically
disadvantaged communities and Indian Tribes;
(B) integrating consideration of economically
disadvantaged communities and Indian Tribes,
where applicable, in the development of water
resources development projects and programs of
the Corps of Engineers; and
(C) improving the capability and capacity of
the workforce of the Corps of Engineers to
assist economically disadvantaged communities
and Indian Tribes.
(2) Meetings.--The Committee shall meet as
appropriate to develop and make recommendations under
paragraph (1).
(3) Report.--Recommendations made under paragraph (1)
shall be--
(A) included in a report submitted to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a
publicly available website.
(d) Independent Judgment.--Any recommendation made by the
Committee to the Secretary and the Chief of Engineers under
subsection (c)(1) shall reflect the independent judgment of the
Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph
(3), the members of the Committee shall serve without
compensation.
(2) Travel expenses.--The members of the Committee
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5,
United States Code.
(3) Treatment.--The members of the Committee shall
not be considered to be Federal employees, and the
meetings and reports of the Committee shall not be
considered a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the
Tribal and Economically Disadvantaged Communities
Advisory Committee established under subsection (a).
(2) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the
meaning given the term as defined by the Secretary
under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
SEC. 8116. WORKFORCE PLANNING.
(a) Authorization.--The Secretary is authorized to carry out
activities, at Federal expense--
(1) to foster, enhance, and support science,
technology, engineering, and math education and
awareness; and
(2) to recruit individuals for careers at the Corps
of Engineers.
(b) Partnering Entities.--In carrying out activities under
this section, the Secretary may enter into partnerships with--
(1) public elementary and secondary schools,
including charter schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically
Black colleges and universities.
(c) Prioritization.--The Secretary shall, to the maximum
extent practicable, prioritize the recruitment of individuals
under this section that are from economically disadvantaged
communities (as defined by the Secretary under section 160 of
the Water Resources Development Act of 2020 (33 U.S.C. 2201
note)), including economically disadvantaged communities
located in urban and rural areas.
(d) Definition of Historically Black College or University.--
In this section, the term ``historically Black college or
university'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $20,000,000 for each
of fiscal years 2023 through 2027.
SEC. 8117. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED COMMUNITIES;
OUTREACH.
(a) In General.--It is the policy of the United States for
the Corps of Engineers to strive to understand and accommodate
and, in coordination with non-Federal interests, seek to
address the water resources development needs of all
communities in the United States.
(b) Outreach and Access.--
(1) In general.--The Secretary shall, at Federal
expense, develop, support, and implement public
awareness, education, and regular outreach and
engagement efforts for potential non-Federal interests
with respect to the water resources development
authorities of the Secretary, with particular emphasis
on--
(A) technical service programs, including the
authorities under--
(i) section 206 of the Flood Control
Act of 1960 (33 U.S.C. 709a);
(ii) section 22 of the Water
Resources Development Act of 1974 (42
U.S.C. 1962d-16); and
(iii) section 203 of the Water
Resources Development Act of 2000 (33
U.S.C. 2269); and
(B) continuing authority programs, as such
term is defined in section 7001(c)(1)(D) of the
Water Resources Reform and Development Act of
2014 (33 U.S.C. 2282d).
(2) Implementation.--In carrying out this subsection,
the Secretary shall--
(A) develop and make publicly available
(including on a publicly available website),
technical assistance materials, guidance, and
other information with respect to the water
resources development authorities of the
Secretary;
(B) establish and make publicly available
(including on a publicly available website), an
appropriate point of contact at each district
and division office of the Corps of Engineers
for inquiries from potential non-Federal
interests relating to the water resources
development authorities of the Secretary;
(C) conduct regular outreach and engagement,
including through hosting seminars and
community information sessions, with local
elected officials, community organizations, and
previous and potential non-Federal interests,
on opportunities to address local water
resources challenges through the water
resources development authorities of the
Secretary;
(D) issue guidance for, and provide technical
assistance through technical service programs
to, non-Federal interests to assist such
interests in pursuing technical services and
developing proposals for water resources
development projects; and
(E) provide, at the request of a non-Federal
interest, assistance with researching and
identifying existing project authorizations or
authorities to address local water resources
challenges.
(3) Prioritization.--In carrying out this subsection,
the Secretary shall, to the maximum extent practicable,
prioritize awareness, education, and outreach and
engagement to economically disadvantaged communities
(as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201
note)), including economically disadvantaged
communities located in urban and rural areas.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$30,000,000 for each fiscal year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.
(a) Pilot Programs on the Formulation of Corps of Engineers
Projects in Rural Communities and Economically Disadvantaged
Communities.--Section 118 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking
``publish'' and inserting ``annually publish'';
and
(B) in subparagraph (C), by striking
``select'' and inserting ``, subject to the
availability of appropriations, annually
select''; and
(2) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``projects'' and
inserting ``projects annually''.
(b) Pilot Program for Continuing Authority Projects in Small
or Disadvantaged Communities.--Section 165(a) of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note) is
amended in paragraph (2)(B), by striking ``10'' and inserting
``20''.
SEC. 8119. TECHNICAL ASSISTANCE.
(a) Planning Assistance to States.--Section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d-16) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``local
government,'' after ``State or group of
States,''; and
(ii) by inserting ``local
government,'' after ``such State,
interest,'';
(B) in paragraph (3), by striking ``section
236 of title 10'' and inserting ``section 4141
of title 10''; and
(C) by adding at the end the following:
``(4) Prioritization.--To the maximum extent
practicable, the Secretary shall prioritize the
provision of assistance under this subsection to
address both inland and coastal life safety risks.'';
(2) in subsection (c)(2), by striking ``$15,000,000''
and inserting ``$30,000,000''; and
(3) in subsection (f)--
(A) by striking ``The cost-share for
assistance'' and inserting the following:
``(1) Tribes and territories.--The cost-share for
assistance''; and
(B) by adding at the end the following:
``(2) Economically disadvantaged communities.--
Notwithstanding subsection (b)(1) and the limitation in
section 1156 of the Water Resources Development Act of
1986, as applicable pursuant to paragraph (1) of this
subsection, the Secretary is authorized to waive the
collection of fees for any local government to which
assistance is provided under subsection (a) that the
Secretary determines is an economically disadvantaged
community, as defined by the Secretary under section
160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note) (including economically disadvantaged
communities located in urban and rural areas).''.
(b) Watershed Planning and Technical Assistance.--In
providing assistance under section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d-16) or pursuant to
section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a),
the Secretary shall, upon request, provide such assistance at a
watershed scale.
SEC. 8120. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.
In any instance where the Secretary requires, as a condition
of eligibility for Federal assistance under section 5 of the
Act of August 18, 1941 (33 U.S.C. 701n), that a non-Federal
sponsor of a flood control project undertake an electronic
inspection of the portion of such project that is under normal
circumstances submerged, the Secretary shall provide to the
non-Federal sponsor credit or reimbursement for the cost of
carrying out such inspection against the non-Federal share of
the cost of repair or restoration of such project carried out
under such section.
SEC. 8121. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.
(a) In General.--The Secretary shall periodically conduct
assessments of federally authorized levees under the
jurisdiction of the Corps of Engineers, to evaluate the
potential Federal interest in the modification (including
realignment or incorporation of natural features and nature-
based features, as such terms are defined in section 1184(a) of
the Water Resources Development Act of 2016 (33 U.S.C.
2289a(a))) of levee systems to meet one or more of the
following objectives:
(1) Increasing the flood risk reduction benefits of
such systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections
with adjacent floodplains that achieve greater
environmental benefits without undermining flood risk
reduction or flood resiliency for levee-protected
communities.
(b) Levees Operated by Non-Federal Interests.--The Secretary
shall carry out an assessment under subsection (a) for a
federally authorized levee system operated by a non-Federal
interest only if the non-Federal interest--
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the
assessment.
(c) Assessments.--
(1) Considerations.--In conducting an assessment
under subsection (a), the Secretary shall consider and
identify, with respect to each levee system--
(A) an estimate of the number of structures
and population at risk and protected by the
levee system that would be adversely impacted
if the levee system fails or water levels
exceed the height of any levee segment within
the levee system (which may be the applicable
estimate included in the levee database
established under section 9004 of the Water
Resources Development Act of 2007 (33 U.S.C.
3303), if available);
(B) the number of times the non-Federal
interest has received emergency flood-fighting
or repair assistance under section 5 of the Act
of August 18, 1941 (33 U.S.C. 701n) for the
levee system, and the total expenditures on
postflood repairs over the life of the levee
system;
(C) the functionality of the levee system
with regard to higher precipitation levels,
including due to changing climatic conditions
and extreme weather events;
(D) the potential costs and benefits
(including environmental benefits and
implications for levee-protected communities)
from modifying the applicable levee system to
restore connections with adjacent floodplains;
and
(E) available studies, information,
literature, or data from relevant Federal,
State, or local entities.
(2) Prioritization.--In conducting an assessment
under subsection (a), the Secretary shall, to the
maximum extent practicable, prioritize levee systems--
(A) associated with an area that has been
subject to flooding in two or more events in
any 10-year period; and
(B) for which the non-Federal interest has
received emergency flood-fighting or repair
assistance under section 5 of the Act of August
18, 1941 (33 U.S.C. 701n) with respect to such
flood events.
(3) Scope.--The Secretary shall ensure that an
assessment under subsection (a) shall be similar in
cost and scope to an initial assessment prepared by the
Secretary pursuant to section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a).
(d) Flood Plain Management Services.--In conducting an
assessment under subsection (a), the Secretary shall consider
information on floods and flood damages compiled under section
206 of the Flood Control Act of 1960 (33 U.S.C. 709a).
(e) Report to Congress.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, and periodically
thereafter, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report on the results of
the assessments conducted under subsection (a).
(2) Inclusion.--The Secretary shall include in each
report submitted under paragraph (1)--
(A) identification of any levee system for
which the Secretary has conducted an assessment
under subsection (a);
(B) a description of any opportunities
identified under such subsection for the
modification of a levee system, including the
potential benefits of such modification for the
purposes identified under such subsection;
(C) information relating to the willingness
and ability of each applicable non-Federal
interest to participate in a modification to
the relevant levee system, including by
obtaining any real estate necessary for the
modification; and
(D) a summary of the information considered
and identified under subsection (c)(1).
(f) Incorporation of Information.--The Secretary shall
include in the levee database established under section 9004 of
the Water Resources Development Act of 2007 (33 U.S.C. 3303)
the information included in each report submitted under
subsection (e), and make such information publicly available
(including on a publicly available website).
(g) Levee System Defined.--In this section, the term ``levee
system'' has the meaning given that term in section 9002(9) of
the Water Resources Development Act of 2007 (33 U.S.C. 3301).
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.)
is amended by adding at the end the following:
``SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.
``(a) Definitions.--In this section:
``(1) Inventory.--The term `inventory' means the
national low-head dam inventory developed under
subsection (b)(1)(A).
``(2) Low-head dam.--The term `low-head dam' means a
river-wide artificial barrier that generally spans a
stream channel, blocking the waterway and creating a
backup of water behind the barrier, with a drop off
over the wall of not less than 6 inches and not more
than 25 feet.
``(b) National Low-Head Dam Inventory.--
``(1) In general.--Not later than 18 months after the
date of enactment of this section, the Secretary of the
Army, in consultation with the heads of appropriate
Federal and State agencies, shall--
``(A) develop an inventory of low-head dams
in the United States that includes--
``(i) the location, ownership,
description, current use, condition,
height, and length of each low-head
dam;
``(ii) any information on public
safety conditions at each low-head dam;
``(iii) public safety information on
the dangers of low-head dams;
``(iv) a directory of financial and
technical assistance resources
available to reduce safety hazards and
fish passage barriers at low-head dams;
and
``(v) any other relevant information
concerning low-head dams; and
``(B) submit the inventory to the Committee
on Environment and Public Works of the Senate
and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) Data.--In carrying out this subsection, the
Secretary shall--
``(A) coordinate with Federal and State
agencies and other relevant entities; and
``(B) use data provided to the Secretary by
those agencies and entities.
``(3) Public availability.--The Secretary shall make
the inventory publicly available, including on a
publicly available website.
``(4) Updates.--The Secretary, in consultation with
the heads of appropriate Federal and State agencies,
shall maintain and periodically publish updates to the
inventory.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$30,000,000.
``(d) Clarification.--Nothing in this section provides
authority to the Secretary to carry out an activity, with
respect to a low-head dam, that is not explicitly authorized
under this section.''.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
Section 1008 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2321b) is amended--
(1) in subsection (b)(1), by inserting ``and to meet
the requirements of subsection (b)'' after
``projects'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Implementation of Policy.--The Secretary shall--
``(1) ensure that the policy described in subsection
(a) is implemented nationwide in an efficient,
consistent, and coordinated manner; and
``(2) assess opportunities--
``(A) to increase the development of
hydroelectric power at existing water resources
development projects of the Corps of Engineers
with hydroelectric facilities; and
``(B) to develop new hydroelectric power at
existing nonpowered water resources development
projects of the Corps of Engineers.''.
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RESOURCES DEVELOPMENT
PROJECTS.
(a) In General.--In carrying out military training activities
or otherwise fulfilling military training requirements, units
or members of a reserve component of the Armed Forces may
perform services and furnish supplies in support of a water
resources development project or program of the Corps of
Engineers without reimbursement.
(b) Exception.--This section shall not apply to any member of
a reserve component of the Armed Forces who is employed by the
Corps of Engineers on a full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS FROM
APPROPRIATION FOR IMPROVEMENTS.
Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a), is
amended--
(1) by striking ``Regular officers of the Corps of
Engineers of the Army, and reserve officers of the Army
who are assigned to the Corps of Engineers,'' and
inserting the following:
``(a) In General.--The personnel described in subsection
(b)''; and
(2) by adding at the end the following:
``(b) Personnel Described.--The personnel referred to in
subsection (a) are the following:
``(1) Regular officers of the Corps of Engineers of
the Army.
``(2) The following members of the Army who are
assigned to the Corps of Engineers:
``(A) Reserve component officers.
``(B) Warrant officers (whether regular or
reserve component).
``(C) Enlisted members (whether regular or
reserve component).''.
SEC. 8126. MAINTENANCE DREDGING PERMITS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general
permit for maintenance dredging under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) that
expired prior to May 1, 2021.
(b) Savings Provision.--Nothing in this section affects any
obligation to comply with the provisions of any Federal or
State environmental law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 8127. ENVIRONMENTAL DREDGING.
(a) In General.--In carrying out the following projects, the
Secretary shall, to the maximum extent practicable, coordinate
efforts with the applicable non-Federal interest, the
Administrator of the Environmental Protection Agency, and the
heads of other Federal, State, and regional agencies
responsible for the remediation of contaminated sediments:
(1) The project for ecosystem restoration, South Fork
of the South Branch of the Chicago River, Bubbly Creek,
Illinois, authorized by section 401(5) of the Water
Resources Development Act of 2020 (134 Stat. 2740).
(2) The project for navigation, Columbia and Lower
Willamette Rivers, Oregon and Washington, authorized by
section 101 of the River and Harbor Act of 1962 (76
Stat. 1177), in the vicinity of the Albina Turning
Basin, River Mile 10, and the Post Office Bar, Portland
Harbor, River Mile 2.
(3) The project for aquatic ecosystem restoration,
Mahoning River, Ohio, being carried out under section
206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330).
(4) The project for navigation, South Branch of the
Chicago River, Cook County, Illinois, in the vicinity
of Collateral Channel.
(5) The projects carried out under the Comprehensive
Everglades Restoration Plan, as authorized by or
pursuant to section 601 of the Water Resources
Development Act of 2000 (114 Stat. 2680; 132 Stat.
3786), in the vicinity of Lake Okeechobee.
(b) Report to Congress.--Not later than 180 days after the
date of enactment of this section, the Secretary and the
Administrator of the Environmental Protection Agency shall
jointly submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on efforts to remove or remediate contaminated sediments
associated with the projects identified in subsection (a),
including, if applicable, any specific recommendations for
actions or agreements necessary to undertake such work.
(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the rights and
responsibilities of any person under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL FACILITIES.
(a) Authority.--The Secretary is authorized to conduct
assessments of the availability of confined aquatic disposal
facilities for the disposal of contaminated dredged material.
(b) Information and Comment.--In conducting an assessment
under this section, the Secretary shall--
(1) solicit information from stakeholders on
potential projects that may require disposal of
contaminated sediments in a confined aquatic disposal
facility;
(2) solicit information from the applicable division
of the Corps of Engineers on the need for confined
aquatic disposal facilities; and
(3) provide an opportunity for public comment.
(c) New England District Region Assessment.--In carrying out
subsection (a), the Secretary shall prioritize conducting an
assessment of the availability of confined aquatic disposal
facilities in the New England District region for the disposal
of contaminated dredged material in such region.
(d) Report to Congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of any assessments
conducted under this section, including any recommendations of
the Secretary for the construction of new confined aquatic
disposal facilities or expanded capacity for confined aquatic
disposal facilities.
(e) Definition.--In this section, the term ``New England
District region'' means the area located within the boundaries
of the New England District in the North Atlantic Division of
the Corps of Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.
(a) In General.--Section 156 of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d-5f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``15'' and
inserting ``50''; and
(B) in paragraph (2), by striking ``15''; and
(2) in subsection (e)--
(A) by striking ``10-year period'' and
inserting ``16-year period''; and
(B) by striking ``6 years'' and inserting
``12 years''.
(b) Indian River Inlet Sand Bypass Plant.--For purposes of
the project for hurricane-flood protection and beach erosion
control at Indian River Inlet, Delaware, commonly known as the
``Indian River Inlet Sand Bypass Plant'', authorized by section
869 of the Water Resources Development Act of 1986 (100 Stat.
4182), a study carried out under section 156(b) of the Water
Resources Development Act of 1976 (42 U.S.C. 1962d-5f(b)) shall
consider as an alternative for periodic nourishment continued
reimbursement of the Federal share of the cost to the non-
Federal interest for the project to operate and maintain the
sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT PLANS.
(a) Strategic Plan on Beneficial Use of Dredged Material.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a strategic plan that identifies opportunities and
challenges relating to furthering the policy of the
United States to maximize the beneficial use of
suitable dredged material obtained from the
construction or operation and maintenance of water
resources development projects, as described in section
125(a)(1) of the Water Resources Development Act of
2020 (33 U.S.C. 2326g).
(2) Consultation.--In developing the strategic plan
under paragraph (1), the Secretary shall--
(A) consult with relevant Federal agencies
involved in the beneficial use of dredged
material;
(B) solicit and consider input from State and
local governments and Indian Tribes, while
seeking to ensure a geographic diversity of
input from the various Corps of Engineers
divisions; and
(C) consider input received from other
stakeholders involved in beneficial use of
dredged material.
(3) Inclusion.--The Secretary shall include in the
strategic plan developed under paragraph (1)--
(A) identification of any specific barriers
and conflicts that the Secretary determines
impede the maximization of beneficial use of
dredged material at the Federal, State, and
local level, and any recommendations of the
Secretary to address such barriers and
conflicts;
(B) identification of specific measures to
improve interagency and Federal, State, local,
and Tribal communications and coordination to
improve implementation of section 125(a) of the
Water Resources Development Act of 2020 (33
U.S.C. 2326g); and
(C) identification of methods to prioritize
the use of dredged material to benefit water
resources development projects in areas
experiencing vulnerabilities to coastal land
loss.
(b) Dredged Material Management Plans for Harbors in the
State of Ohio.--
(1) In general.--
(A) Formulation of plan.--In developing each
dredged material management plan for a
federally authorized harbor in the State of
Ohio, including any such plan under development
on the date of enactment of this Act, each
District Commander shall include, as a
constraint on the formulation of the base plan
and any alternatives, a prohibition consistent
with section 105 of the Energy and Water
Development and Related Agencies Appropriations
Act, 2022 (Public Law 117-103; 136 Stat. 217)
on the use of funds for open-lake disposal of
dredged material.
(B) Maximization of beneficial use.--Each
dredged material management plan for a
federally authorized harbor in the State of
Ohio, including any such dredged material
management plan under development on the date
of enactment of this Act, shall maximize the
beneficial use of dredged material under the
base plan and under section 204(d) of the Water
Resources Development Act of 1992 (33 U.S.C.
2326(d)).
(2) Savings provision.--Nothing in this subsection
prohibits the use of funds for open-lake disposal of
dredged material if such use is not otherwise
prohibited by law.
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL,
REMOTE, AND SUBSISTENCE HARBORS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific
criteria for the annual evaluation and ranking of maintenance
dredging requirements for small harbors and remote and
subsistence harbors, taking into account the following:
(1) The contribution of a harbor to the local and
regional economy.
(2) The extent to which a harbor has deteriorated
since the last cycle of maintenance dredging.
(3) Public safety concerns.
(b) Inclusion in Guidance.--The Secretary shall include the
criteria developed under subsection (a) in the annual Civil
Works Direct Program Development Policy Guidance of the
Secretary.
(c) Report to Congress.--The Secretary shall include in each
biennial report submitted under section 210(e)(3) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) a
ranking of projects in accordance with the criteria developed
under subsection (a) of this section.
(d) Definitions.--In this section:
(1) Remote and subsistence harbor.--The term ``remote
and subsistence harbor'' means a harbor with respect to
which section 2006 of the Water Resources Development
Act of 2007 (33 U.S.C. 2242) applies, as determined by
the Secretary.
(2) Small harbor.--The term ``small harbor'' includes
an emerging harbor, as such term is defined in section
210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238).
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY HARBORS.
(a) In General.--Subject to the availability of
appropriations designated by statute as being for the purpose
of carrying out this section, the Secretary may carry out
projects for underserved community harbors for purposes of
sustaining water-dependent commercial and recreational
activities at such harbors.
(b) Beneficial Use.--
(1) Justification.--The Secretary may carry out a
project under this section involving a disposal option
for the beneficial use of dredged material that is not
the least cost disposal option if the Secretary
determines that the incremental cost of the disposal
option is reasonable pursuant to the standard described
in section 204(d)(1) of the Water Resources Development
Act of 1992 (33 U.S.C. 2326(d)(1)).
(2) Cost share.--The non-Federal share of the
incremental cost of a project carried out under this
section involving a disposal option for the beneficial
use of dredged material that is not the least cost
disposal option shall be determined as provided under
subsections (a) through (d) of section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(c) Prioritization.--The Secretary shall prioritize carrying
out projects using funds made available under this section
based on an assessment of--
(1) the local or regional economic benefits of the
project;
(2) the environmental benefits of the project,
including the benefits to the aquatic environment to be
derived from the creation of wetland and control of
shoreline erosion; and
(3) other social effects of the project, including
protection against loss of life and contributions to
local or regional cultural heritage.
(d) Clarification.--The Secretary shall not require the non-
Federal interest for a project carried out under this section
to perform additional operation and maintenance activities at
the beneficial use placement site or the disposal site for such
project as a condition of receiving assistance under this
section.
(e) Federal Participation Limit.--The Federal share of the
cost of a project under this section shall not exceed
$10,000,000.
(f) Statutory Construction.--Projects carried out under this
section shall be in addition to operation and maintenance
activities otherwise carried out by the Secretary for
underserved community harbors using funds appropriated pursuant
to section 210 of the Water Resources Development Act of 1986
(33 U.S.C. 2238) or section 102(a) of the Water Resources
Development Act of 2020 (33 U.S.C. 2238 note).
(g) Definitions.--In this section:
(1) Project.--The term ``project'' means a single
cycle of maintenance dredging of an underserved
community harbor and any associated placement of
dredged material at a beneficial use placement site or
disposal site.
(2) Underserved community harbor.--The term
``underserved community harbor'' means an emerging
harbor (as defined in section 210(f) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(f)))
for which--
(A) no Federal funds have been obligated for
maintenance dredging in the current fiscal year
or in any of the 4 preceding fiscal years; and
(B) State and local investments in
infrastructure have been made during any of the
4 preceding fiscal years.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $50,000,000 from
the General Fund of the Treasury for each of fiscal
years 2023 through 2026, to be deposited into the
``corps of engineers--civil--operation and
maintenance'' account.
(2) Special rule.--Not less than 35 percent of the
amounts made available to carry out this section for
each fiscal year shall be used for projects involving
the beneficial use of dredged material.
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.
(a) In General.--The Secretary is authorized to establish a
pilot program (referred to in this section as the ``pilot
program'') to conduct a multiyear demonstration program to
award contracts with a duration of up to 5 years for dredging
projects on inland waterways of the United States described in
section 206 of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804).
(b) Purposes.--The purposes of the pilot program shall be
to--
(1) increase the reliability, availability, and
efficiency of federally owned and federally operated
inland waterways projects;
(2) decrease operational risks across the inland
waterways system; and
(3) provide cost savings by combining work across
multiple projects across different accounts of the
Corps of Engineers.
(c) Demonstration.--
(1) In general.--The Secretary shall, to the maximum
extent practicable, award contracts for projects under
subsection (a) that combine work for construction and
operation and maintenance.
(2) Projects.--In awarding contracts under paragraph
(1), the Secretary shall consider projects that--
(A) improve navigation reliability on inland
waterways that are accessible year-round;
(B) increase freight capacity on inland
waterways; and
(C) have the potential to enhance the
availability of containerized cargo on inland
waterways.
(d) Savings Clause.--Nothing in this section affects the
responsibility of the Secretary with respect to the
construction and operation and maintenance of projects on the
inland waterways system.
(e) Report to Congress.--Not later than 1 year after the date
on which the first contract is awarded pursuant to the pilot
program, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that evaluates, with respect to the
pilot program and any contracts awarded under the pilot
program--
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and
demobilization of dredge equipment; and
(4) response times to address navigational
impediments.
(f) Sunset.--The authority of the Secretary to enter into
contracts pursuant to the pilot program shall expire on the
date that is 10 years after the date of enactment of this Act.
SEC. 8134. NEPA REPORTING.
(a) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a
successor regulation).
(2) Environmental assessment.--The term
``environmental assessment'' has the meaning given the
term in section 1508.1 of title 40, Code of Federal
Regulations (or a successor regulation).
(3) Environmental impact statement.--The term
``environmental impact statement'' means a detailed
written statement required under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
(4) Finding of no significant impact.--The term
``finding of no significant impact'' has the meaning
given the term in section 1508.1 of title 40, Code of
Federal Regulations (or a successor regulation).
(5) Project study.--The term ``project study'' means
a feasibility study for a project carried out pursuant
to section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282) for which a categorical
exclusion may apply, or an environmental assessment or
an environmental impact statement is required, pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(b) Reports.--
(1) NEPA data.--
(A) In general.--The Secretary shall carry
out a process to track, and annually submit to
the Committee on Environment and Public Works
of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives, a report containing the
information described in subparagraph (B).
(B) Information described.--The information
referred to in subparagraph (A) is, with
respect to the Corps of Engineers--
(i) the number of project studies for
which a categorical exclusion was used
during the reporting period;
(ii) the number of project studies
for which the decision to use a
categorical exclusion, to prepare an
environmental assessment, or to prepare
an environmental impact statement is
pending on the date on which the report
is submitted;
(iii) the number of project studies
for which an environmental assessment
was issued during the reporting period,
broken down by whether a finding of no
significant impact, if applicable, was
based on mitigation;
(iv) the length of time the Corps of
Engineers took to complete each
environmental assessment described in
clause (iii);
(v) the number of project studies
pending on the date on which the report
is submitted for which an environmental
assessment is being drafted;
(vi) the number of project studies
for which an environmental impact
statement was issued during the
reporting period;
(vii) the length of time the Corps of
Engineers took to complete each
environmental impact statement
described in clause (vi); and
(viii) the number of project studies
pending on the date on which the report
is submitted for which an environmental
impact statement is being drafted.
(2) Public access to nepa reports.--The Secretary
shall make each annual report required under paragraph
(1) publicly available (including on a publicly
available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.
Section 214(a)(2) of the Water Resources Development Act of
2000 (33 U.S.C. 2352(a)(2)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by adding at the end the following:
``(B) Mitigation bank instrument
processing.--An activity carried out by the
Secretary to expedite evaluation of a permit
described in subparagraph (A) may include the
evaluation of an instrument for a mitigation
bank if--
``(i) the non-Federal public entity,
public-utility company, natural gas
company, or railroad carrier applying
for the permit described in that
subparagraph is the sponsor of the
mitigation bank; and
``(ii) expediting evaluation of the
instrument is necessary to expedite
evaluation of the permit described in
that subparagraph.''.
SEC. 8136. LEASE DURATIONS.
The Secretary shall issue guidance on the circumstances under
which a lease under section 2667 of title 10, United States
Code, or section 4 of the Act of December 22, 1944 (16 U.S.C.
460d), with a term in excess of 25 years is appropriate and in
the public interest.
SEC. 8137. REFORESTATION.
The Secretary is encouraged to consider measures to restore
swamps and other wetland forests in carrying out studies for
water resources development projects for ecosystem restoration,
flood risk management, and hurricane and storm damage risk
reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.
Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r)
is amended--
(1) by inserting ``lighthouses (including those
lighthouses with historical value),'' after ``bridge
approaches,''; and
(2) by striking ``$5,000,000'' and inserting
``$10,000,000''.
SEC. 8139. LEASE DEVIATIONS.
The Secretary shall fully implement the requirements of
section 153 of the Water Resources Development Act of 2020 (134
Stat. 2658).
SEC. 8140. POLICY AND TECHNICAL STANDARDS.
Every 5 years, the Secretary shall revise, rescind, or
certify as current, as applicable, each policy and technical
standards publication for the civil works programs of the Corps
of Engineers, including each engineer regulation, engineer
circular, engineer manual, engineer pamphlet, engineer
technical letter, planning guidance letter, policy guidance
letter, planning bulletin, and engineering and construction
bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS IN LAKE
OKEECHOBEE, FLORIDA.
(a) Service Records.--The Secretary shall indicate in the
service record of a member or employee of the Corps of
Engineers who performs covered duty that such member or
employee was exposed to microcystin in the line of duty.
(b) Covered Duty Defined.--In this section, the term
``covered duty'' means duty performed--
(1) during a period when the Florida Department of
Environmental Protection has determined that there is a
concentration of microcystin of greater than 8 parts
per billion in the waters of Lake Okeechobee resulting
from a harmful algal bloom in such lake; and
(2) at or near any of the following structures:
(A) S-77.
(B) S-78.
(C) S-79.
(D) S-80.
(E) S-308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.
(a) Authorization.--There is authorized to be appropriated to
the Secretary $10,000,000 to complete and maintain a model
suite to forecast water levels, account for water level
variability, and account for the impacts of extreme weather
events and other natural disasters in the Great Lakes.
(b) Savings Provision.--Nothing in this section precludes the
Secretary from using funds made available pursuant to the Great
Lakes Restoration Initiative established by section 118(c)(7)
of the Federal Water Pollution Control Act (33 U.S.C.
1268(c)(7)) for activities described in subsection (a) for the
Great Lakes, in addition to carrying out activities under this
section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE LAKES IN THE
GREAT BASIN.
(a) In General.--The Secretary is authorized to carry out a
program (referred to in this subsection as the ``program'') to
monitor and assess the hydrology of saline lake ecosystems in
the Great Basin, including the Great Salt Lake, to inform and
support Federal and non-Federal management and conservation
activities to benefit those ecosystems.
(b) Coordination.--The Secretary shall coordinate
implementation of the program with relevant--
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) Contracts and Cooperative Agreements.--The Secretary is
authorized to use contracts, cooperative agreements, or any
other authorized means to work with institutions of higher
education and with entities described in subsection (b) to
implement the program.
(d) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
an update on the progress of the Secretary in carrying out the
program.
(e) Additional Information.--In carrying out the program, the
Secretary may use available studies, information, literature,
or data on the Great Basin region published by relevant
Federal, State, Tribal, or local governmental entities.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a
program to provide environmental assistance to non-
Federal interests in the Chattahoochee River Basin.
(2) Form.--
(A) In general.--The assistance provided
under paragraph (1) shall be in the form of
design and construction assistance for water-
related resource protection and restoration
projects affecting the Chattahoochee River
Basin, based on the comprehensive plan
developed under subsection (b).
(B) Assistance.--Projects for which
assistance is provided under subparagraph (A)
may include--
(i) projects for--
(I) sediment and erosion
control;
(II) protection of eroding
shorelines;
(III) ecosystem restoration,
including restoration of
submerged aquatic vegetation;
(IV) protection of essential
public works;
(V) wastewater treatment, and
related facilities; and
(VI) beneficial uses of
dredged material; and
(ii) other related projects that may
enhance the living resources of the
Chattahoochee River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
cooperation with State and local governmental officials
and affected stakeholders, shall develop a
comprehensive Chattahoochee River Basin restoration
plan to guide the implementation of projects under this
section.
(2) Coordination.--The comprehensive plan developed
under paragraph (1) shall, to the maximum extent
practicable, consider and avoid duplication of any
ongoing or planned actions of other Federal, State, and
local agencies and nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed
under paragraph (1) shall give priority to projects
described in subsection (a)(2) that will improve water
quality or quantity or use a combination of structural
and nonstructural measures, including alternatives that
use natural features or nature-based features (as such
terms are defined in section 1184 of the Water
Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a
project under this section, the Secretary shall enter
into an agreement with a non-Federal interest for the
design and construction of the project.
(2) Requirements.--Each agreement entered into under
this subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State,
and local officials, of a resource protection
and restoration plan, including appropriate
engineering plans and specifications and an
estimate of expected resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation and
maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to
design and construct a project under each agreement
entered into under this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way,
and relocations.--In determining the non-
Federal contribution toward carrying out an
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of land, easements,
rights-of-way, and relocations provided by the
non-Federal interest, except that the amount of
credit provided for a project under this
paragraph may not exceed 25 percent of the
total project costs.
(B) Operation and maintenance costs.--The
non-Federal share of the costs of operation and
maintenance of a project carried out under an
agreement under this section shall be 100
percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2),
a project carried out pursuant to the comprehensive
plan developed under subsection (b) that is located on
Federal land shall be carried out at the expense of the
Federal agency that owns the land on which the project
will be carried out.
(2) Non-federal contribution.--A Federal agency
carrying out a project described in paragraph (1) may
accept contributions of funds from non-Federal
interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary
shall cooperate with--
(1) the heads of appropriate Federal agencies,
including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through
the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Secretary of the Interior, acting
through the Director of the United States Fish
and Wildlife Service; and
(D) the heads of such other Federal agencies
as the Secretary determines to be appropriate;
and
(2) agencies of any relevant State or political
subdivision of a State.
(g) Protection of Resources.--A project established under
this section shall be carried out using such measures as are
necessary to protect environmental, historic, and cultural
resources.
(h) Projects Requiring Specific Authorization.--If the
Federal share of the cost to design and construct a project
under this section exceeds $15,000,000, the Secretary may only
carry out the project if Congress enacts a law authorizing the
Secretary to carry out the project.
(i) Savings Provision.--Nothing in this section--
(1) establishes any express or implied reserved water
right in the United States for any purpose;
(2) affects any water right in existence on the date
of enactment of this Act;
(3) preempts or affects any State water law or
interstate compact governing water; or
(4) affects any Federal or State law in existence on
the date of enactment of this Act regarding water
quality or water quantity.
(j) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the results of the
program established under this section.
(k) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a
program to provide environmental assistance to non-
Federal interests in the Lower Mississippi River Basin.
(2) Form.--
(A) In general.--The assistance under
paragraph (1) shall be in the form of design
and construction assistance for flood or
coastal storm risk management or aquatic
ecosystem restoration projects in the Lower
Mississippi River Basin based on the
comprehensive plan developed under subsection
(b).
(B) Assistance.--Projects for which
assistance is provided under subparagraph (A)
may include--
(i) projects for--
(I) sediment and erosion
control;
(II) protection of eroding
riverbanks and streambanks and
shorelines;
(III) ecosystem restoration;
(IV) channel modifications;
and
(V) beneficial uses of
dredged material; and
(ii) other related projects that may
enhance the living resources of the
Lower Mississippi River Basin.
(b) Comprehensive Plan.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
cooperation with State and local governmental officials
and affected stakeholders, shall develop a
comprehensive Lower Mississippi River Basin restoration
plan to guide the implementation of projects under this
section.
(2) Coordination.--The comprehensive plan developed
under paragraph (1) shall, to the maximum extent
practicable, consider and avoid duplication of any
ongoing or planned actions of other Federal, State, and
local agencies and nongovernmental organizations.
(3) Prioritization.--The comprehensive plan developed
under paragraph (1) shall give priority to projects
described in subsection (a)(2) that will improve water
quality, reduce hypoxia in the Lower Mississippi River
or the Gulf of Mexico, or use a combination of
structural and nonstructural measures, including
alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of
the Water Resources Development Act of 2016 (32 U.S.C.
2289a)).
(c) Agreement.--
(1) In general.--Before providing assistance for a
project under this section, the Secretary shall enter
into an agreement with a non-Federal interest for the
design and construction of the project.
(2) Requirements.--Each agreement entered into under
this subsection shall provide for--
(A) the development by the Secretary, in
consultation with appropriate Federal, State,
and local officials, of a resource protection
and restoration plan, including appropriate
engineering plans and specifications and an
estimate of expected resource benefits; and
(B) the establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation and
maintenance of the project by the non-Federal
interest.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost to
design and construct a project under each agreement
entered into under this section shall be 75 percent.
(2) Non-federal share.--
(A) Value of land, easements, rights-of-way,
and relocations.--In determining the non-
Federal contribution toward carrying out an
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of land, easements,
rights-of-way, and relocations provided by the
non-Federal interest, except that the amount of
credit provided for a project under this
paragraph may not exceed 25 percent of the
total project costs.
(B) Operation and maintenance costs.--The
non-Federal share of the costs of operation and
maintenance of a project carried out under an
agreement under this section shall be 100
percent.
(e) Projects on Federal Land.--
(1) In general.--Except as provided in paragraph (2),
a project carried out pursuant to the comprehensive
plan developed under subsection (b) that is located on
Federal land shall be carried out at the expense of the
Federal agency that owns the land on which the project
will be carried out.
(2) Non-federal contribution.--A Federal agency
carrying out a project described in paragraph (1) may
accept contributions of funds from non-Federal
interests to carry out that project.
(f) Cooperation.--In carrying out this section, the Secretary
shall cooperate with--
(1) the heads of appropriate Federal agencies,
including--
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting
through the Director of the United States Fish
and Wildlife Service; and
(C) the heads of such other Federal agencies
as the Secretary determines to be appropriate;
and
(2) agencies of any relevant State or political
subdivision of a State.
(g) Protection of Resources.--A project established under
this section shall be carried out using such measures as are
necessary to protect environmental, historic, and cultural
resources.
(h) Projects Requiring Specific Authorization.--If the
Federal share of the cost to design and construct a project
under this section exceeds $15,000,000, the Secretary may only
carry out the project if Congress enacts a law authorizing the
Secretary to carry out the project.
(i) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the results of the
program established under this section.
(j) Definition.--In this section, the term ``Lower
Mississippi River Basin'' means the portion of the Mississippi
River that begins at the confluence of the Ohio River and flows
to the Gulf of Mexico, and its tributaries and distributaries.
(k) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $40,000,000.
SEC. 8146. WASHINGTON AQUEDUCT.
(a) Capital Improvement Authority.--The Secretary may carry
out capital improvements for the Washington Aqueduct that the
Secretary determines necessary for the safe, effective, and
efficient operation of the Aqueduct.
(b) Borrowing Authority.--
(1) In general.--Subject to paragraphs (2) through
(4) and subsection (c), the Secretary is authorized to
borrow from the Treasury of the United States such
amounts as are sufficient to cover any obligations that
will be incurred by the Secretary in carrying out
capital improvements for the Washington Aqueduct under
subsection (a).
(2) Limitation.--The amount borrowed by the Secretary
under paragraph (1) may not exceed $40,000,000 in any
fiscal year.
(3) Agreement.--Amounts borrowed under paragraph (1)
may only be used to carry out capital improvements with
respect to which the Secretary has entered into an
agreement with each customer.
(4) Terms of borrowing.--
(A) In general.--Subject to subsection (c),
the Secretary of the Treasury shall provide
amounts borrowed under paragraph (1) under such
terms and conditions as the Secretary of
Treasury determines to be necessary and in the
public interest.
(B) Term.--The term of any loan made under
paragraph (1) shall be for a period of not less
than 20 years.
(C) Prepayment.--There shall be no penalty
for the prepayment of any amounts borrowed
under paragraph (1).
(c) Contracts With Customers.--
(1) In general.--The Secretary may not borrow any
amounts under subsection (b) until such time as the
Secretary has entered into a contract with each
customer under which the customer commits to pay a pro
rata share (based on water purchase) of the principal
and interest owed to the Secretary of the Treasury
under subsection (b).
(2) Prepayment.--Any customer may pay, in advance,
the pro rata share of the principal and interest owed
by the customer, or any portion thereof, without
penalty.
(3) Risk of default.--A customer that enters into a
contract under this subsection shall, as a condition of
the contract, commit to pay any additional amount
necessary to fully offset the risk of default on the
contract.
(4) Obligations.--Each contract entered into under
paragraph (1) shall include such terms and conditions
as the Secretary of the Treasury may require so that
the total value to the Government of all contracts
entered into under paragraph (1) is estimated to be
equal to the obligations of the Secretary for carrying
out capital improvements for the Washington Aqueduct.
(5) Other conditions.--Each contract entered into
under paragraph (1) shall--
(A) include other conditions consistent with
this section that the Secretary and the
Secretary of the Treasury determine to be
appropriate; and
(B) provide the United States priority in
regard to income from fees assessed to operate
and maintain the Washington Aqueduct.
(d) Customer Defined.--In this section, the term ``customer''
means--
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP PILOT
PROGRAM.
Section 5014 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2201 note) is amended--
(1) in subsection (a), by striking ``aquatic''; and
(2) in subsection (d)(1), by inserting ``ecosystem
restoration,'' after ``flood damage reduction,''.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL
COSTS.
(a) In General.--The Secretary is authorized to provide in
advance to a non-Federal interest the Federal share of funds
required for the acquisition of land, easements, and rights-of-
way and the performance of relocations for a water resources
development project or a separable element of a water resources
development project--
(1) that is authorized to be constructed at Federal
expense;
(2) for which the Secretary has determined under
section 103(b)(2) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(b)(2)) that additional
costs are a Federal responsibility; or
(3) that is listed in subsection (b), if at any time
the cost to acquire the land, easements, and rights-of-
way required for the project is projected to exceed the
non-Federal share of the cost of the project.
(b) Listed Projects.--The projects referred to in subsection
(a)(3) are the following:
(1) Project for hurricane and storm damage risk
reduction, Delaware Beneficial Use of Dredged Material
for the Delaware River, Delaware, authorized by section
401(3) of the Water Resources Development Act of 2020
(134 Stat. 2736), as modified by this Act.
(2) Project for ecosystem restoration, Mississippi
River Gulf Outlet, Louisiana, authorized by section
7013(a)(4) of the Water Resources Development Act of
2007 (121 Stat. 1281), as modified by this Act.
(3) Project for ecosystem restoration, Great Lakes
and Mississippi River Interbasin project, Brandon Road,
Will County, Illinois, authorized by title IV of the
Water Resources Development Act of 2020 (134 Stat.
2740), as modified by this Act.
(4) Project for navigation, Port of Nome, Alaska,
authorized by section 401(1) of the Water Resources
Development Act of 2020 (134 Stat. 2733), as modified
by this Act.
(5) Project for storm damage reduction and shoreline
erosion protection, Lake Michigan, Illinois, from
Wilmette, Illinois, to the Illinois-Indiana State line,
authorized by section 101(a)(12) of the Water Resources
Development Act of 1996 (110 Stat. 3664), as modified
by this Act.
(6) Project for flood control, Milton, West Virginia,
authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790; 114 Stat.
2612; 121 Stat. 1154), as modified by this Act.
(7) Project for coastal storm risk management, South
Shore of Staten Island, Fort Wadsworth to Oakwood
Beach, New York, as authorized by this Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.
Section 2007 of the Water Resources Development Act of 2007
(33 U.S.C. 2222) is amended--
(1) by striking ``water resources study or project''
and inserting ``water resources development study or
project, including a study or project under a
continuing authority program (as defined in section
7001(c)(1)(D) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D))) and
a study or project under an environmental
infrastructure assistance program,''; and
(2) by striking ``if the Federal agency that provides
the funds determines that the funds are authorized to
be used to carry out the study or project.'' and
inserting the following: ``if--
``(1) the statutory authority for the funds provided
by the Federal agency does not expressly prohibit use
of the funds for a study or project of the Corps of
Engineers; and
``(2) the Federal agency that provides the funds
determines that the study or project activities for
which the funds will be used are otherwise eligible for
funding under such statutory authority.''.
SEC. 8150. NON-FEDERAL INTEREST ADVISORY COMMITTEE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a
committee, to be known as the ``Non-Federal Interest Advisory
Committee'' and referred to in this section as the
``Committee'', to develop and make recommendations to the
Secretary and the Chief of Engineers on activities and actions
that should be undertaken by the Corps of Engineers to ensure
more effective and efficient delivery of water resources
development projects, programs, and other assistance.
(b) Membership.--
(1) In general.--The Committee shall be composed of
the members described in paragraph (2), who shall--
(A) be appointed by the Secretary; and
(B) have the requisite experiential or
technical knowledge needed to address issues
related to water resources needs and
challenges.
(2) Representatives.--The members of the Committee
shall include the following:
(A) 1 representative of each of the
following:
(i) A non-Federal interest for a
project for navigation for an inland
harbor.
(ii) A non-Federal interest for a
project for navigation for a harbor.
(iii) A non-Federal interest for a
project for flood risk management.
(iv) A non-Federal interest for a
project for coastal storm risk
management.
(v) A non-Federal interest for a
project for aquatic ecosystem
restoration.
(B) 1 representative of each of the
following:
(i) A non-Federal stakeholder with
respect to inland waterborne
transportation.
(ii) A non-Federal stakeholder with
respect to water supply.
(iii) A non-Federal stakeholder with
respect to recreation.
(iv) A non-Federal stakeholder with
respect to hydropower.
(v) A non-Federal stakeholder with
respect to emergency preparedness,
including coastal protection.
(C) 1 representative of each of the
following:
(i) An organization with expertise in
conservation.
(ii) An organization with expertise
in environmental policy.
(iii) An organization with expertise
in rural water resources.
(c) Duties.--
(1) Recommendations.--The Committee shall provide
advice and make recommendations to the Secretary and
the Chief of Engineers to assist the Corps of Engineers
in--
(A) efficiently and effectively delivering
water resources development projects;
(B) improving the capability and capacity of
the workforce of the Corps of Engineers to
deliver such projects and other assistance;
(C) improving the capacity and effectiveness
of Corps of Engineers consultation and liaison
roles in communicating water resources needs
and solutions, including regionally specific
recommendations; and
(D) strengthening partnerships with non-
Federal interests to advance water resources
solutions.
(2) Meetings.--The Committee shall meet as
appropriate to develop and make recommendations under
paragraph (1).
(3) Report.--Recommendations made under paragraph (1)
shall be--
(A) included in a report submitted to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives; and
(B) made publicly available, including on a
publicly available website.
(d) Independent Judgment.--Any recommendation made by the
Committee to the Secretary and the Chief of Engineers under
subsection (c)(1) shall reflect the independent judgment of the
Committee.
(e) Administration.--
(1) Compensation.--Except as provided in paragraph
(2), the members of the Committee shall serve without
compensation.
(2) Travel expenses.--The members of the Committee
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5,
United States Code.
(3) Treatment.--The members of the Committee shall
not be considered to be Federal employees, and the
meetings and reports of the Committee shall not be
considered a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
REHABILITATION OF CERTAIN PUBLIC RECREATION
FACILITIES.
(a) Authorization.--During a period of low water at an
eligible public recreation facility, the Secretary is
authorized to--
(1) accept and use materials, services, and funds
from a non-Federal interest to repair, restore, or
rehabilitate the facility; and
(2) reimburse the non-Federal interest for the
Federal share of the materials, services, or funds.
(b) Requirement.--The Secretary may not reimburse a non-
Federal interest for the use of materials or services accepted
under this section unless the materials or services--
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations
that would apply if the materials and services were
acquired by the Secretary, including subchapter IV of
chapter 31 and chapter 37 of title 40, United States
Code, and section 8302 of title 41, United States Code.
(c) Agreement.--Before the acceptance of materials, services,
or funds under this section, the Secretary and the non-Federal
interest shall enter into an agreement that--
(1) specifies that the non-Federal interest shall
hold and save the United States free from liability for
any and all damages that arise from use of materials or
services of the non-Federal interest, except for
damages due to the fault or negligence of the United
States or its contractors;
(2) requires that the non-Federal interest certify
that the materials or services comply with the
applicable laws and regulations described in subsection
(b)(2); and
(3) includes any other term or condition required by
the Secretary.
(d) Sunset.--The authority to enter into an agreement under
this section shall expire on the date that is 10 years after
the date of enactment of this Act.
(e) Definition of Eligible Public Recreation Facility.--In
this section, the term ``eligible public recreation facility''
means a facility that--
(1) is located--
(A) at a reservoir operated by the Corps of
Engineers; and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and
access to the reservoir; and
(3) requires repair, restoration, or rehabilitation
to function.
(f) Authorization of Appropriations.--There is authorized to
be appropriated to carry out subsection (a)(2) $20,000,000, to
remain available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.
Section 133 of the Water Resources Development Act of 2020
(33 U.S.C. 2327a) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Eligible pump station.--The term `eligible pump
station' means a pump station--
``(A) that is a feature of--
``(i) a federally authorized flood or
coastal storm risk management project;
or
``(ii) an integrated flood risk
reduction system that includes a
federally authorized flood or coastal
storm risk management project; and
``(B) the failure of which the Secretary has
determined would demonstrably impact the
function of the federally authorized flood or
coastal storm risk management project.'';
(2) by striking subsection (b) and inserting the
following:
``(b) Authorization.--The Secretary may carry out
rehabilitation of an eligible pump station, if the Secretary
determines that--
``(1) the eligible pump station has a major
deficiency; and
``(2) the rehabilitation is feasible.''; and
(3) by adding at the end the following:
``(g) Prioritization.--To the maximum extent practicable, the
Secretary shall prioritize the rehabilitation of eligible pump
stations under this section that benefit economically
disadvantaged communities, as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note), including economically disadvantaged
communities located in urban and rural areas.''.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete the updated
report required under section 1046(a)(2)(B) of the Water
Resources Reform and Development Act of 2014 (128 Stat. 1252).
(b) Report to Congress; Public Availability.--Upon completion
of the report as required by subsection (a), the Secretary
shall--
(1) submit the report to Congress; and
(2) make the full report publicly available,
including on a publicly available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a pilot
program to evaluate the extent to which the provision of
temporary relocation assistance enhances the completeness,
effectiveness, efficiency, acceptability, and equitable
implementation of covered water resources development projects.
(b) Assistance Authorized.--Subject to subsection (c)--
(1) the non-Federal interest for a covered water
resources development project included in the pilot
program established under this section may provide
temporary relocation assistance to a temporarily
displaced person; and
(2) the Secretary shall, pursuant to a project
partnership agreement--
(A) include the temporary relocation
assistance provided by the non-Federal interest
for a covered water resources development
project under paragraph (1) in the value of the
land, easements, and rights-of-way required for
the project; and
(B) credit the amount of the temporary
relocation assistance provided by the non-
Federal interest for the covered water
resources development project under paragraph
(1) toward the non-Federal share of the cost of
the project.
(c) Requirements.--
(1) Request of non-federal interest.--At the request
of the non-Federal interest for a covered water
resources development project, the Secretary may
include the project in the pilot program established
under this section.
(2) Duplication of benefits.--The Secretary and the
non-Federal interest for a covered water resources
development project included in the pilot program
established under this section shall ensure that no
temporarily displaced person receives temporary
relocation assistance under this section for expenses
for which the temporarily displaced person has received
financial assistance from any insurance, other program,
or any other governmental source.
(3) Equal treatment.--The non-Federal interest for a
covered water resources development project included in
the pilot program established under this section shall
provide temporary relocation assistance to each
temporarily displaced person on equal terms.
(4) Maximum amount of credit.--The Secretary shall
not include in the value of the land, easements, and
rights-of-way required for a covered water resources
development project, or credit toward the non-Federal
share of the cost of the project, any amount paid to
individuals of a single household by the non-Federal
interest for the project under subsection (b) that
exceeds $20,000.
(d) Report to Congress.--Not later than 1 year after the date
of enactment of this Act, and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that includes findings and recommendations of the Secretary
with respect to the provision of temporary relocation
assistance for covered water resources development projects
included in the pilot program established under this section.
(e) Sunset.--The authority to enter into or amend a project
partnership agreement for a covered water resources development
project under the pilot program established under this section
shall expire on the date that is 10 years after the date of
enactment of this Act.
(f) Savings Provision.--Nothing in this section affects the
eligibility for, or entitlement to, relocation assistance under
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) for any
individual.
(g) Definitions.--In this section:
(1) Covered water resources development project.--The
term ``covered water resources development project''
means the following projects:
(A) Project for hurricane and storm damage
risk reduction, Charleston Peninsula, Coastal
Storm Risk Management, South Carolina,
authorized by this Act.
(B) Project for hurricane and storm damage
risk reduction, Fire Island Inlet to Montauk
Point, New York, authorized by section 401(3)
of the Water Resources Development Act of 2020
(134 Stat. 2738).
(C) Project for hurricane and storm damage
risk reduction, Rahway River Basin, New Jersey,
authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat.
2737).
(D) Project for flood risk management,
Peckman River Basin, New Jersey, authorized by
section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735).
(E) Project for hurricane and storm damage
reduction, New Jersey Back Bays, Cape May,
Ocean, Atlantic, Monmouth, and Burlington
Counties, authorized by resolutions of the
Committee on Public Works and Transportation of
the House of Representatives and the Committee
on Environment and Public Works of the Senate,
approved in December 1987, under study on the
date of enactment of this Act.
(2) Dwelling.--The term ``dwelling'' means--
(A) a single-family house;
(B) a single-family unit in a two-family,
multifamily, or multipurpose property;
(C) a unit of a condominium or cooperative
housing project;
(D) a mobile home; or
(E) any other residential unit.
(3) Household.--The term ``household'' means 1 or
more individuals occupying a single dwelling.
(4) Temporarily displaced person.--The term
``temporarily displaced person'' means an individual
who is--
(A) required to temporarily move from a
dwelling that is the primary residence of the
individual as a direct result of the elevation
or modification of the dwelling by the
Secretary or a non-Federal interest as part of
a covered water resources development project;
and
(B) not otherwise entitled to temporary
relocation assistance under the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(5) Temporary relocation assistance.--The term
``temporary relocation assistance'' means assistance
that covers all or any portion of the documented
reasonable living expenses, excluding food and personal
transportation, incurred by a temporarily displaced
person during a period of displacement.
SEC. 8155. CONTINUATION OF CONSTRUCTION.
(a) Continuation of Construction.--
(1) In general.--Upon the transmittal of an initial
notification pursuant to subsection (b)(1) with respect
to a water resources development project, the Secretary
shall not, solely on the basis of the maximum cost
requirements under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280)--
(A) defer the initiation or continuation of
construction of the water resources development
project during the covered period; or
(B) terminate during or after the covered
period, a contract for design or construction
of the water resources development project that
was entered into prior to or during the covered
period.
(2) Resumption of construction.--The Secretary shall,
upon the transmittal of an initial notification
pursuant to subsection (b)(1) with respect to a water
resources development project for which construction
was deferred, during the period beginning on October 1,
2021, and ending on the date of enactment of this Act,
because the cost of such project exceeded the maximum
cost permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), resume
construction of the project.
(b) Notification.--
(1) Initial notification.--Not later than 30 days
after the Chief of Engineers makes a determination that
a water resources development project exceeds, or is
expected to exceed, the maximum cost of the project
permitted under section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280), the Chief of
Engineers shall transmit a written notification
concurrently to the Secretary and to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives for each such determination.
(2) Supplemental notification.--Not later than 60
days after the Chief of Engineers transmits an initial
notification required under paragraph (1), the Chief
shall transmit concurrently to the Secretary and to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a supplemental
notification that includes, based on information
available to the Corps of Engineers on the date of the
supplemental notification--
(A) an estimate of the expected increase in
the cost of the project that is in excess of
the authorized maximum cost for the project;
(B) a description of the reason for the
increased cost of the project; and
(C) the expected timeline for submission of a
post-authorization change report for the
project in accordance with section 1132 of the
Water Resources Development Act of 2016 (33
U.S.C. 2282e).
(3) Transmittal.--The notifications described in
paragraphs (1) and (2) may not be delayed as a result
of consideration being given to changes in policy or
priority with respect to project consideration.
(c) Deferral of Construction.--After expiration of the
covered period, the Secretary shall not enter into any new
contract, or exercise any option in a contract, for
construction of a water resources development project if the
project exceeds the maximum cost of the project permitted under
section 902 of the Water Resources Development Act of 1986 (33
U.S.C. 2280), until the date on which Congress authorizes an
increase in the cost of the project.
(d) Statutory Construction.--Nothing in this section waives
the obligation of the Secretary to submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a post-authorization change report recommending
an increase in the authorized cost of a project if the project
otherwise would exceed the maximum cost of the project
permitted under section 902 of the Water Resources Development
Act of 1986 (33 U.S.C. 2280).
(e) Definition of Covered Period.--In this section, the term
``covered period'' means the period beginning on the date of
enactment of this Act and ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.
Section 905(b)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2282(b)(1)) is amended by amending subparagraph
(B) to read as follows:
``(B) Other communities.--In preparing a
feasibility report under subsection (a) for a
study that will benefit a community other than
a community described in subparagraph (A), upon
request by the non-Federal interest for the
study, the Secretary may, with respect to not
more than 20 studies in each fiscal year, first
determine the Federal interest in carrying out
the study and the projects that may be proposed
in the study.''.
SEC. 8157. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by
striking ``One-half of the costs'' and inserting ``65
percent of the costs''; and
(2) in the undesignated matter following paragraph
(3), in the second sentence, by striking ``One-half of
such costs'' and inserting ``35 percent of such
costs''.
(b) Application.--The amendments made by subsection (a) shall
apply beginning on October 1, 2022, to any construction of a
project for navigation on the inland waterways that is new or
ongoing on or after that date.
(c) Conforming Amendment.--Section 109 of the Water Resources
Development Act of 2020 (33 U.S.C. 2212 note) is amended by
striking ``fiscal years 2021 through 2031'' and inserting
``fiscal years 2021 through 2022''.
SEC. 8158. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
establish a Western Water Cooperative Committee
(referred to in this section as the ``Cooperative
Committee'').
(2) Purpose.--The purpose of the Cooperative
Committee is to ensure that Corps of Engineers flood
control projects in Western States are operated
consistent with congressional directives by identifying
opportunities to avoid or minimize conflicts between
the operation of Corps of Engineers projects and water
rights and water laws in such States.
(3) Membership.--The Cooperative Committee shall be
composed of--
(A) the Assistant Secretary of the Army for
Civil Works (or a designee);
(B) the Chief of Engineers (or a designee);
(C) 1 representative from each of the Western
States, who may serve on the Western States
Water Council, to be appointed by the Governor
of each State;
(D) 1 representative with legal experience
from each of the Western States, to be
appointed by the attorney general of each
State; and
(E) 1 employee from each of the impacted
regional offices of the Bureau of Indian
Affairs.
(4) Meetings.--
(A) In general.--The Cooperative Committee
shall meet not less than once each year in one
of the Western States.
(B) Available to public.--Each meeting of the
Cooperative Committee shall be open and
accessible to the public.
(C) Notification.--The Cooperative Committee
shall publish in the Federal Register adequate
advance notice of a meeting of the Cooperative
Committee.
(5) Duties.--
(A) In general.--The Cooperative Committee
shall develop and make recommendations to avoid
or minimize conflicts between the operation of
Corps of Engineers projects and the water
rights and water laws of Western States.
(B) Limitation.--In carrying out subparagraph
(A), the Cooperative Committee shall--
(i) make recommendations that only
apply to Western States; and
(ii) ensure that any recommended
changes or modifications to policy or
regulations for Corps of Engineers
projects would not adversely affect
water resources within the State of
Missouri.
(6) Status updates.--
(A) In general.--On an annual basis, the
Secretary shall provide to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
a written report that includes--
(i) a summary of the contents of
meetings of the Cooperative Committee;
(ii) any legislative proposal from a
Western State proposed to the
Cooperative Committee; and
(iii) a description of any
recommendations made by the Cooperative
Committee under paragraph (5),
including actions taken by the
Secretary in response to such
recommendations.
(B) Comment.--
(i) In general.--Not later than 45
days following the conclusion of a
meeting of the Cooperative Committee,
the Secretary shall provide to members
of the Cooperative Committee an
opportunity to comment on the contents
of the meeting and any recommendations
made under paragraph (5).
(ii) Inclusion.--Comments provided
under clause (i) shall be included in
the report provided under subparagraph
(A).
(7) Compensation.--
(A) In general.--Except as provided in
subparagraph (B), the members of the
Cooperative Committee shall serve without
compensation.
(B) Travel expenses.--The members of the
Cooperative Committee shall receive travel
expenses, including per diem in lieu of
subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of
title 5, United States Code.
(8) Maintenance of records.--The Cooperative
Committee shall maintain records pertaining to
operating costs and records of the Cooperative
Committee for a period of not less than 3 years.
(9) Savings provisions.--
(A) No additional authority.--Nothing in this
section provides authority to the Cooperative
Committee to affect any Federal or State water
law or interstate compact governing water.
(B) Other states.--Nothing in this section
may be interpreted, by negative implication or
otherwise, as suggesting that States not
represented on the Cooperative Committee have
lesser interest or authority, in relation to
Western States, in managing the water within
their borders or in vindicating State water
rights and water laws.
(b) Definition of Western States.--In this section, the term
``Western States'' means the States of Alaska, Arizona,
California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,
Texas, Utah, Washington, and Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
The Secretary is authorized to use contracts, cooperative
agreements, or any other authorized means, in support of the
Corps of Engineers civil works missions, to work with--
(1) the University of Delaware to conduct academic
research on water resource ecology, water quality,
aquatic ecosystem restoration (including shellfish
aquaculture), coastal restoration, and water resource-
related emergency management, in the State of Delaware,
the Delaware River Basin, and the Chesapeake Bay
watershed;
(2) the University of Missouri to conduct economic
analyses and other academic research to improve water
management, enhance flood resiliency, and preserve
water resources for the State of Missouri, the Lower
Missouri River Basin, and Upper Mississippi River
Basin;
(3) Oregon State University to conduct a study and
other academic research on the associated impacts of
wildfire on water resource ecology, water supply,
quality, and distribution in the Willamette River Basin
and to develop a water resource assessment and
management platform for the Willamette River Basin; and
(4) West Virginia University to conduct academic
research on flood risk management, water resource-
related emergency management, aquatic ecosystem
restoration, water quality, hydropower, and water
resource-related recreation in the State of West
Virginia.
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.
(a) In General.--Section 7 of the Water Resources Development
Act of 1988 (33 U.S.C. 2313) is amended to read as follows:
``SEC. 7. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary is authorized to carry out
basic, applied, and advanced research activities as required to
aid in the planning, design, construction, operation, and
maintenance of water resources development projects and to
support the missions and authorities of the Corps of Engineers.
``(b) Testing and Application.--In carrying out subsection
(a), the Secretary is authorized to test and apply technology,
tools, techniques, and materials developed pursuant to such
subsection, including the testing and application of such
technology, tools, techniques, and materials at authorized
water resources development projects, in consultation with the
non-Federal interests for such projects.
``(c) Other Transactional Authority for Prototype Projects.--
``(1) In general.--In carrying out subsection (b),
the Secretary is authorized to enter into transactions
(other than contracts, cooperative agreements, or
grants) to carry out prototype projects to support
basic, applied, and advanced research activities that
are directly relevant to the civil works missions and
authorities of the Corps of Engineers.
``(2) Follow-on production transactions.--A
transaction entered into under paragraph (1) for a
prototype project may provide for the award of a
follow-on production contract or transaction to the
participants in the transaction in accordance with the
requirements of section 4022 of title 10, United States
Code.
``(3) Guidance.--Prior to entering into the first
transaction under this subsection, the Secretary shall
issue guidance for entering into transactions under
this subsection (including guidance for follow-on
production contracts or transactions under paragraph
(2)).
``(4) Conditions.--In carrying out this subsection,
the Secretary shall ensure that--
``(A) competitive procedures are used to the
maximum extent practicable to award each
transaction; and
``(B) at least one of the following
conditions is met with respect to each
transaction:
``(i) The prototype project includes
significant participation by at least
one nonprofit research institution or
nontraditional defense contractor, as
that term is defined in section 3014 of
title 10, United States Code.
``(ii) All significant participants
in the transaction other than the
Federal Government are small business
concerns, as that term is used in
section 3 of the Small Business Act (15
U.S.C. 632) (including such concerns
participating in a program described in
section 9 of such Act (15 U.S.C. 638)).
``(iii) At least one-third of the
total cost of the prototype project is
to be paid out of funds provided by
sources other than the Federal
Government.
``(iv) The Head of the Contracting
Activity for the Corps of Engineers
submits to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Environment and Public
Works of the Senate a notification that
exceptional circumstances justify the
use of a transaction that provides for
innovative business arrangements or
structures that would not be feasible
or appropriate under a contract,
cooperative agreement, or grant.
``(5) Notification.--Not later than 30 days before
the Secretary enters into a transaction under paragraph
(1), the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate of--
``(A) the dollar amount of the transaction;
``(B) the entity carrying out the prototype
project that is the subject of the transaction;
``(C) the justification for the transaction;
and
``(D) as applicable, the water resources
development project where the prototype project
will be carried out.
``(6) Report.--Not later than 4 years after the date
of enactment of the Water Resources Development Act of
2022, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report describing the use
of the authority under this subsection.
``(7) Comptroller general access to information.--
``(A) Examination of records.--Each
transaction entered into under this subsection
shall provide for mandatory examination by the
Comptroller General of the United States of the
records of any party to the transaction or any
entity that participates in the performance of
the transaction.
``(B) Limitations.--
``(i) Parties and entities.--
Examination of records by the
Comptroller General pursuant to
subparagraph (A) shall be limited as
provided under clause (ii) in the case
of a party to the transaction, an
entity that participates in the
performance of the transaction, or a
subordinate element of that party or
entity if the only transactions that
the party, entity, or subordinate
element entered into with Government
entities in the year prior to the date
of that transaction were entered into
under paragraph (1) or under section
4021 or 4022 of title 10, United States
Code.
``(ii) Records.--The only records of
a party, other entity, or subordinate
element referred to in clause (i) that
the Comptroller General may examine
pursuant to subparagraph (A) are
records of the same type as the records
that the Government has had the right
to examine under the audit access
clauses of the previous transactions
referred to in such clause that were
entered into by that particular party,
entity, or subordinate element.
``(C) Waiver.--The Head of the Contracting
Activity for the Corps of Engineers may waive
the applicability of subparagraph (A) to a
transaction if the Head of the Contracting
Activity for the Corps of Engineers--
``(i) determines that it would not be
in the public interest to apply the
requirement to the transaction; and
``(ii) transmits to the Committee on
Environment and Public Works of the
Senate, the Committee on Transportation
and Infrastructure of the House of
Representatives, and the Comptroller
General, before the transaction is
entered into, a notification of the
waiver, including the rationale for the
determination under clause (i).
``(D) Timing.--The Comptroller General may
not examine records pursuant to subparagraph
(A) more than 3 years after the final payment
is made by the United States under the
transaction.
``(E) Report.--Not later than 1 year after
the date of enactment of the Water Resources
Development Act of 2022, and annually
thereafter, the Comptroller General shall
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives a report on the use of the
authority under this paragraph.
``(8) Termination of authority.--The authority to
enter into a transaction under this subsection shall
terminate on December 31, 2028.
``(d) Coordination and Consultation.--In carrying out this
section, the Secretary may coordinate and consult with Federal
agencies, State and local agencies, Indian Tribes,
universities, consortiums, councils, and other relevant
entities that will aid in the planning, design, construction,
operation, and maintenance of water resources development
projects.
``(e) Annual Report.--
``(1) In general.--For fiscal year 2025, and annually
thereafter, in conjunction with the annual budget
submission of the President to Congress under section
1105(a) of title 31, United States Code, the Secretary
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on basic, applied, and advanced research
activities and prototype projects carried out under
this section.
``(2) Contents.--Each report under paragraph (1)
shall include--
``(A) a description of each ongoing and new
activity or project, including--
``(i) the estimated total cost of the
activity or project;
``(ii) the amount of Federal
expenditures for the activity or
project;
``(iii) the amounts provided by a
non-Federal party to a transaction
described in subsection (c), if
applicable;
``(iv) the estimated timeline for
completion of the activity or project;
``(v) the requesting district of the
Corps of Engineers, if applicable; and
``(vi) how the activity or project is
consistent with subsection (a); and
``(B) any additional information that the
Secretary determines to be appropriate.
``(f) Savings Clause.--Nothing in this section affects the
authority of the Secretary to carry out, through the Engineer
Research and Development Center, any activity requested by a
district of the Corps of Engineers in support of a water
resources development project or feasibility study (as defined
in section 105(d) of the Water Resources Development Act of
1986 (33 U.S.C. 2215(d))).
``(g) Establishment of Account.--The Secretary, in
consultation with the Director of the Office of Management and
Budget, shall establish a separate appropriations account for
administering funds made available to carry out this
section.''.
(b) Clerical Amendment.--The table of contents contained in
section 1(b) of the Water Resources Development Act of 1988
(102 Stat. 4012) is amended by striking the item relating to
section 7 and inserting the following:
``Sec. 7. Research and development.''.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE OF
RECREATION SITES.
It is the sense of Congress that the Secretary, in each work
plan submitted to Congress by the Secretary, should distribute
amounts provided for the operations and maintenance of
recreation sites of the Corps of Engineers so that each site
receives an amount that is not less than 80 percent of the
recreation fees generated by such site in a given year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER REPAIRS.
It is the sense of Congress that in scoping and funding post-
disaster repairs, the Secretary should, to the maximum extent
practicable, repair assets--
(1) to project design levels; or
(2) if the original project design is outdated, to a
higher level than the project design level.
Subtitle B--Studies and Reports
SEC. 8201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water
resources development and conservation and other purposes, as
identified in the reports titled ``Report to Congress on Future
Water Resources Development'' submitted to Congress pursuant to
section 7001 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282d) or otherwise reviewed by Congress:
(1) Dudleyville, arizona.--Project for flood risk
management, Dudleyville, Arizona.
(2) Mcmicken dam, arizona.--Project for flood risk
management, McMicken Dam, Arizona.
(3) Conn creek dam, california.--Project for flood
risk management, Conn Creek Dam, California.
(4) City of huntington beach, california.--Project
for hurricane and storm damage risk reduction,
including sea level rise, and shoreline stabilization,
City of Huntington Beach, California.
(5) Napa river, california.--Project for navigation,
Federal Channel of Napa River, California.
(6) Petaluma river wetlands, california.--Project for
ecosystem restoration, City of Petaluma, California.
(7) City of rialto, california.--Project for
ecosystem restoration and flood risk management, City
of Rialto and vicinity, California.
(8) North richmond, california.--Project for
hurricane and storm damage risk reduction, including
sea level rise, and ecosystem restoration, North
Richmond, California.
(9) Stratford, connecticut.--Project for hurricane
and storm damage risk reduction and flood risk
management, Stratford, Connecticut.
(10) Thatchbed island, connecticut.--Project for
flood risk management and ecosystem restoration,
Thatchbed Island, Essex, Connecticut.
(11) Woodbridge, connecticut.--Project for flood risk
management, Woodbridge, Connecticut.
(12) Federal triangle area, washington, district of
columbia.--Project for flood risk management, Federal
Triangle Area, Washington, District of Columbia,
including construction of improvements to interior
drainage.
(13) Potomac and anacostia rivers, washington,
district of columbia.--Project for recreational access,
including enclosed swimming areas, Potomac and
Anacostia Rivers, District of Columbia.
(14) Washington metropolitan area, washington,
district of columbia, maryland, and virginia.--Project
for water supply, including the identification of a
secondary water source and additional water storage
capability for the Washington Metropolitan Area,
Washington, District of Columbia, Maryland, and
Virginia.
(15) Town of longboat key, florida.--Project for
whole island hurricane and storm damage risk reduction,
Town of Longboat Key, Florida.
(16) Lake runnymede, florida.--Project for ecosystem
restoration, Lake Runnymede, Florida.
(17) Tampa back bay, florida.--Project for flood risk
management and hurricane and storm damage risk
reduction, including the use of natural features and
nature-based features for protection and recreation,
Tampa Back Bay, Florida.
(18) Port tampa bay and mckay bay, florida.--Project
for hurricane and storm damage risk reduction, Port
Tampa Bay, Florida, including McKay Bay.
(19) Lake tohopekaliga, florida.--Project for
ecosystem restoration and flood risk management, Lake
Tohopekaliga, Florida.
(20) City of albany, georgia.--Project for flood risk
management, City of Albany, Georgia.
(21) City of east point, georgia.--Project for flood
risk management, City of East Point, Georgia.
(22) Cumberland island and sea island, georgia.--
Project for ecosystem restoration and coastal storm
risk management, Cumberland Island and Sea Island,
Georgia.
(23) Flint river basin headwaters, clayton county,
georgia.--Project for flood risk management and
ecosystem restoration, Flint River Basin Headwaters,
Clayton County, Georgia.
(24) County of hawai`i, hawaii.--Project for flood
and coastal storm risk management, County of Hawai`i,
Hawaii.
(25) Maui, hawaii.--Project for coastal storm risk
management, County of Maui, Hawaii.
(26) Waikiki, hawaii.--Project for ecosystem
restoration and hurricane and storm damage risk
reduction, Waikiki, Hawaii.
(27) Wailupe stream watershed, hawaii.--Project for
flood risk management, Wailupe Stream watershed,
Hawaii.
(28) Columbus, kentucky.--Project for flood risk
management, including riverbank stabilization,
Columbus, Kentucky.
(29) Cumberland river, kentucky.--Project for
navigation, Cumberland River, Kentucky.
(30) Jenkins, kentucky.--Project for flood risk
management and water supply, Jenkins, Kentucky.
(31) Kentucky river, kentucky.--Project for flood
risk management on the Kentucky River and its
tributaries and watersheds in Breathitt, Clay, Estill,
Harlan, Lee, Leslie, Letcher, Owsley, Perry, and Wolfe
Counties, Kentucky.
(32) Newport, kentucky.--Project for ecosystem
restoration, flood risk management, and recreation,
Newport, Kentucky.
(33) Ellicott city and howard county, maryland.--
Project for flood risk management, Ellicott City and
Howard County, Maryland.
(34) Assawompset pond complex, massachusetts.--
Project for ecosystem restoration, flood risk
management, and water supply, Assawompset Pond Complex,
Massachusetts.
(35) Charles river, massachusetts.--Project for flood
risk management and ecosystem restoration, Charles
River, Massachusetts.
(36) Chelsea creek and mill creek, massachusetts.--
Project for flood risk management and ecosystem
restoration, including bank stabilization, City of
Chelsea, Massachusetts.
(37) Connecticut river streambank erosion,
massachusetts, vermont, and new hampshire.--Project for
streambank erosion, Connecticut River, Massachusetts,
Vermont, and New Hampshire.
(38) Deerfield river, massachusetts.--Project for
flood risk management and ecosystem restoration,
Deerfield River, Massachusetts.
(39) Town of north attleborough, massachusetts.--
Project for ecosystem restoration and flood risk
management, Ten Mile River, North Attleborough,
Massachusetts.
(40) Town of hull, massachusetts.--Project for flood
risk management and hurricane and storm damage risk
reduction, Hull, Massachusetts.
(41) City of revere, massachusetts.--Project for
flood risk management and marsh ecosystem restoration,
City of Revere, Massachusetts.
(42) Lower east side, detroit, michigan.--Project for
flood risk management, Lower East Side, Detroit,
Michigan.
(43) Elijah root dam, michigan.--Project for dam
removal, by carrying out a disposition study under
section 216 of the Flood Control Act of 1970 (33 U.S.C.
549a), Elijah Root Dam, Michigan.
(44) Grosse pointe shores and grosse pointe farms,
michigan.--Project for ecosystem restoration and flood
risk management, Grosse Pointe Shores and Grosse Pointe
Farms, Michigan.
(45) Southeast michigan, michigan.--Project for flood
risk management, Southeast Michigan.
(46) Tittabawassee river, chippewa river, pine river,
and tobacco river, michigan.--Project for flood risk
management and ecosystem restoration, Tittabawassee
River, Chippewa River, Pine River, and Tobacco River,
Michigan.
(47) Southwest mississippi, mississippi.--Project for
ecosystem restoration and flood risk management,
Wilkinson, Adams, Warren, Claiborne, Franklin, Amite,
and Jefferson Counties, Mississippi.
(48) Bellevue, nebraska.--Project for flood risk
management, Bellevue, Nebraska, including the placement
of a pump station near Offutt Ditch.
(49) Papillion creek, nebraska.--Project for flood
risk management, including levee improvement, Papillion
Creek, Nebraska.
(50) Sarpy county, nebraska.--Project for flood risk
management, Sarpy County, Nebraska.
(51) Camden and gloucester county, new jersey.--
Project for tidal and riverine flood risk management,
Camden and Gloucester Counties, New Jersey.
(52) Edgewater, new jersey.--Project for flood risk
management, Edgewater, New Jersey.
(53) Maurice river, new jersey.--Project for
navigation and for beneficial use of dredged materials
for hurricane and storm damage risk reduction and
ecosystem restoration, Maurice River, New Jersey.
(54) Northern new jersey inland flooding, new
jersey.--Project for inland flood risk management in
Hudson, Essex, Union, Bergen, Hunterdon, Morris,
Somerset, Warren, Passaic, and Sussex Counties, New
Jersey.
(55) Riser ditch, new jersey.--Project for flood risk
management, including channel improvements, and other
related water resource needs related to Riser Ditch in
the communities of South Hackensack, Hasbrouck Heights,
Little Ferry, Teterboro, and Moonachie, New Jersey.
(56) Rockaway river, new jersey.--Project for flood
risk management and ecosystem restoration, including
bank stabilization, Rockaway River, New Jersey.
(57) Tenakill brook, new jersey.--Project for flood
risk management, Tenakill Brook, New Jersey.
(58) Verona, cedar grove, and west caldwell, new
jersey.--Project for flood risk management along the
Peckman River Basin in the townships of Verona (and
surrounding area), Cedar Grove, and West Caldwell, New
Jersey.
(59) Whippany river watershed, new jersey.--Project
for flood risk management, Morris County, New Jersey.
(60) Lake farmington dam, new mexico.--Project for
water supply, Lake Farmington Dam, New Mexico.
(61) Mcclure dam, new mexico.--Project for dam safety
improvements and flood risk management, McClure Dam,
City of Santa Fe, New Mexico.
(62) Blind brook, new york.--Project for flood risk
management, coastal storm risk management, navigation,
ecosystem restoration, and water supply, Blind Brook,
New York.
(63) Brooklyn navy yard, new york.--Project for flood
risk management and hurricane and storm damage risk
reduction, Brooklyn Navy Yard, New York.
(64) Connetquot river and green creek, new york.--
Project for navigation, Connetquot River and Green
Creek, Suffolk County, New York.
(65) Hutchinson river, new york.--Project for flood
risk management and ecosystem restoration, Hutchinson
River, New York.
(66) Mohawk river basin, new york.--Project for flood
risk management, navigation, and environmental
restoration, Mohawk River Basin, New York.
(67) Newtown creek, new york.--Project for ecosystem
restoration, Newtown Creek, New York.
(68) John j. burns park, oyster bay, new york.--
Project for flood risk management and hurricane and
storm risk reduction, Oyster Bay, New York, in the
vicinity of John J. Burns Park, Massapequa, New York,
including the replacement and reconstruction of the
existing bulkhead system.
(69) Joseph j. saladino memorial marina, oyster bay,
new york.--Project for flood risk management and
hurricane and storm risk reduction, Oyster Bay, New
York, in the vicinity of the Joseph J. Saladino
Memorial Marina, Massapequa, New York, including the
replacement and reconstruction of the existing bulkhead
system.
(70) Saw mill river, new york.--Project for flood
risk management and ecosystem restoration to address
areas in the City of Yonkers and the Village of
Hastings-on-Hudson within the 100-year flood zone, Saw
Mill River, New York.
(71) South shore of long island, new york.--Project
for flood and coastal storm risk management,
navigation, and ecosystem restoration, South Shore of
Long Island, New York.
(72) Upper east river and flushing bay, new york.--
Project for ecosystem restoration, Upper East River and
Flushing Bay, New York.
(73) Cape fear river basin, north carolina.--Project
for flood and coastal storm risk management, Cape Fear
River Basin, North Carolina.
(74) Oregon inlet, north carolina.--Project for
navigation, Oregon Inlet, North Carolina.
(75) Mineral ridge dam, ohio.--Project for dam safety
improvements and rehabilitation, Mineral Ridge Dam,
Ohio.
(76) Mill creek levee and walla walla river,
oregon.--Project for ecosystem restoration, Mill Creek
Levee and Walla Walla River, Oregon.
(77) Brodhead creek watershed, pennsylvania.--Project
for ecosystem restoration and flood risk management,
Brodhead Creek Watershed, Pennsylvania.
(78) Chartiers creek watershed, pennsylvania.--
Project for flood risk management, Chartiers Creek
Watershed, Pennsylvania.
(79) Coplay creek, pennsylvania.--Project for flood
risk management, Coplay Creek, Pennsylvania.
(80) Berkeley county, south carolina.--Project for
ecosystem restoration and flood risk management,
Berkeley County, South Carolina.
(81) Big sioux river, south dakota.--Project for
flood risk management, City of Watertown and vicinity,
South Dakota.
(82) El paso county, texas.--Project for flood risk
management for economically disadvantaged communities,
as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201
note), along the United States-Mexico border, El Paso
County, Texas.
(83) Gulf intracoastal waterway-channel to palacios,
texas.--Project for navigation, Gulf Intracoastal
Waterway-Channel to Palacios, Texas.
(84) Hidalgo and cameron counties, texas.--Project
for flood risk management and ecosystem restoration,
the Resacas, Hidalgo and Cameron Counties, Texas.
(85) Sikes lake, texas.--Project for ecosystem
restoration and flood risk management, Sikes Lake,
Texas.
(86) Southwest border region, texas.--Project for
flood risk management for economically disadvantaged
communities, as defined by the Secretary under section
160 of the Water Resources Development Act of 2020 (33
U.S.C. 2201 note), along the United States-Mexico
border in Webb, Zapata, and Starr Counties, Texas.
(87) Lower clear creek and dickinson bayou, texas.--
Project for flood risk management, Lower Clear Creek
and Dickinson Bayou, Texas.
(88) Great salt lake, utah.--Project for ecosystem
restoration and water supply, Great Salt Lake, Utah.
(89) Cedar island, virginia.--Project for ecosystem
restoration, hurricane and storm damage risk reduction,
and navigation, Cedar Island, Virginia.
(90) Ballinger creek, washington.--Project for
ecosystem restoration, City of Shoreline, Washington.
(91) City of north bend, washington.--Project for
water supply, City of North Bend, Washington.
(92) Taneum creek, washington.--Project for ecosystem
restoration, Taneum Creek, Washington.
(93) City of huntington, west virginia.--Project for
flood risk management, Huntington, West Virginia.
(94) Fox-wolf basin, wisconsin.--Project for flood
risk management and water supply, Fox-Wolf Basin,
Wisconsin.
(b) Project Modifications.--The Secretary is authorized to
conduct a feasibility study for the following project
modifications:
(1) Craighead, poinsett, and cross counties,
arkansas.--Modifications to the project for flood
protection and major drainage improvement in the Saint
Francis River Basin, Missouri and Arkansas, authorized
by section 204 of the Flood Control Act of 1950 (64
Stat. 172), to provide flood risk management for the
tributaries and drainage of Straight Slough, Craighead,
Poinsett, and Cross Counties, Arkansas.
(2) Shingle creek and kissimmee river, florida.--
Modifications to the project for ecosystem restoration
and water storage, Shingle Creek and Kissimmee River,
Florida, authorized by section 201(a)(5) of the Water
Resources Development Act of 2020 (134 Stat. 2670), for
flood risk management.
(3) Jacksonville harbor, florida.--Modifications to
the project for navigation, Jacksonville Harbor,
Florida, authorized by section 7002 of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1364), for outer channel improvements.
(4) Savannah harbor, georgia.--Modifications to the
project for navigation, Savannah Harbor Expansion
Project, Georgia, authorized by section 7002(1) of the
Water Resources Reform and Development Act of 2014 (128
Stat. 1364; 132 Stat. 3839), without evaluation of
additional deepening.
(5) Honolulu harbor, hawaii.--Modifications to the
project for navigation, Honolulu Harbor, Hawaii, for
navigation improvements and coastal storm risk
management, authorized by the first section of the Act
of March 3, 1905 (chapter 1482, 33 Stat. 1146).
(6) Cedar river, cedar rapids, iowa.--Modifications
to the project for flood risk management, Cedar River,
Cedar Rapids, Iowa, authorized by section 7002(2) of
the Water Resources Reform and Development Act of 2014
(128 Stat. 1366), consistent with the City of Cedar
Rapids, Iowa, Cedar River Flood Control System Master
Plan.
(7) South haven harbor, michigan.--Modifications to
the project for navigation, South Haven Harbor,
Michigan, for turning basin improvements, authorized by
the first section of the Act of August 11, 1888
(chapter 860, 25 Stat. 406).
(8) Salem river, salem county, new jersey.--
Modifications to the project for navigation, Salem
River, Salem County, New Jersey, authorized by section
1 of the Act of March 2, 1907 (chapter 2509, 34 Stat.
1080), to increase the authorized depth.
(9) Port of ogdensburg, new york.--Modifications to
the project for navigation, Port of Ogdensburg, New
York, including deepening, authorized by the first
section of the Act of June 25, 1910 (chapter 382, 36
Stat. 635).
(10) Rollinson channel and hatteras inlet to
hatteras, north carolina.--Modifications to the project
for navigation, Rollinson Channel and channel from
Hatteras Inlet to Hatteras, North Carolina, authorized
by section 101 of the River and Harbor Act of 1962 (76
Stat. 1174), to incorporate the ocean bar.
(11) Hiram m. chittenden locks, lake washington ship
canal, washington.--Modifications to the Hiram M.
Chittenden Locks (also known as Ballard Locks), Lake
Washington Ship Canal, Washington, authorized by the
Act of June 25, 1910 (chapter 382, 36 Stat. 666), for
the construction of fish ladder improvements, including
efforts to address elevated temperature and low
dissolved oxygen levels in the Canal.
(12) Huntington, west virginia.--Modifications to the
Huntington Local Protection Project, Huntington, West
Virginia.
(c) Special Rules.--
(1) Wailupe stream watershed, hawaii.--The study
authorized by subsection (a)(27) shall be considered a
resumption and a continuation of the general
reevaluation initiated on December 30, 2003, pursuant
to section 209 of the Flood Control Act (76 Stat.
1197).
(2) Bellevue and papillion creek, nebraska.--The
studies authorized by paragraphs (48) and (49) of
subsection (a) shall be considered a continuation of
the study that resulted in the Chief's Report for the
project for Papillion Creek and Tributaries Lakes,
Nebraska, signed January 24, 2022.
(3) South shore of long island, new york.--In
carrying out the study authorized by subsection
(a)(71), the Secretary shall study the South Shore of
Long Island, New York, as a whole system, including
inlets that are Federal channels.
(4) Project modifications.--Each study authorized by
subsection (b) shall be considered a new phase
investigation and afforded the same treatment as a
general reevaluation.
SEC. 8202. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study for each of the following
projects, and if the Secretary determines that the project is
justified in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) Modifications to the project for navigation, Auke
Bay, Alaska.
(2) Project for flood risk management, Cave Buttes
Dam, Arizona.
(3) Project for navigation, Branford Harbor and Stony
Creek Channel, Connecticut.
(4) Project for flood risk management, East Hartford
Levee System, Connecticut.
(5) Project for navigation, Guilford Harbor and
Sluice Channel, Connecticut.
(6) Project for ecosystem restoration, Lake
Okeechobee, Florida.
(7) Project for ecosystem restoration, Western
Everglades, Florida.
(8) Modifications to the project for navigation, Hilo
Harbor, Hawaii.
(9) Project for ecosystem restoration, Fox River,
Illinois, included in the comprehensive plan under
section 519 of the Water Resources Development Act of
2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation,
and other purposes, Illinois River, Chicago River,
Calumet River, Grand Calumet River, Little Calumet
River, and other waterways in the vicinity of Chicago,
Illinois, authorized by section 201(a)(7) of the Water
Resources Development Act of 2020 (134 Stat. 2670).
(11) Project for hurricane and storm damage risk
reduction, Chicago Shoreline, Illinois, authorized by
section 101(a)(12) of the Water Resources Development
Act of 1996 (110 Stat. 3664; 128 Stat. 1372).
(12) Project for coastal storm risk management, St.
Tammany Parish, Louisiana.
(13) Modifications to the project for navigation,
Baltimore Harbor and Channels-Seagirt Loop Deepening,
Maryland, including to a depth of 50 feet.
(14) Project for flood and coastal storm risk
management and ecosystem restoration, Boston North
Shore, Revere, Saugus, Lynn, Malden, and Everett,
Massachusetts.
(15) Project for flood and coastal storm risk
management, Chelsea, Massachusetts, authorized by a
study resolution of the Committee on Public Works of
the Senate dated September 12, 1969.
(16) Project for ecosystem restoration, Herring River
Estuary, Barnstable County, Massachusetts, authorized
by a resolution of the Committee on Transportation and
Infrastructure of the House of Representatives,
approved July 23, 1997.
(17) Modifications to the project for flood risk
management, North Adams, Massachusetts, authorized by
section 5 of the Act of June 22, 1936 (chapter 688, 49
Stat. 1572; 55 Stat. 639), for flood risk management
and ecosystem restoration.
(18) Project for coastal storm risk management,
ecosystem restoration, and navigation, Nauset Barrier
Beach and inlet system, Chatham, Massachusetts,
authorized by a study resolution of the Committee on
Public Works of the Senate dated September 12, 1969.
(19) Project for flood risk management, DeSoto
County, Mississippi.
(20) Project for flood risk management, Rahway, New
Jersey, authorized by section 336 of the Water
Resources Development Act of 2020 (134 Stat. 2712).
(21) Project for coastal storm risk management,
Raritan Bay and Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea
Bright to Manasquan, New Jersey.
(23) Project for flood risk management, Rio Grande de
Loiza, Puerto Rico.
(24) Project for flood risk management, Rio Nigua,
Salinas, Puerto Rico.
(25) Project for flood risk management, Kanawha River
Basin, West Virginia, Virginia, and North Carolina.
(b) Post-Authorization Change Reports.--The Secretary shall
expedite completion of a post-authorization change report for
the following projects:
(1) Project for ecosystem restoration, Tres Rios,
Arizona, authorized by section 101(b)(4) of the Water
Resources Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf
City and North Topsail Beach, North Carolina,
authorized by section 7002(3) of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1367).
(c) Watershed and River Basin Assessments.--
(1) Great lakes coastal resiliency study.--The
Secretary shall expedite the completion of the
comprehensive assessment of water resources needs for
the Great Lakes System under section 729 of the Water
Resources Development Act of 1986 (33 U.S.C. 2267a), as
required by section 1219 of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat.
2683).
(2) County of hawai`i, hawaii.--The Secretary shall
expedite the completion of a watershed assessment for
the County of Hawai`i, Hawaii, under section 729 of the
Water Resources Development Act of 1986 (33 U.S.C.
2267a).
(d) Maintenance of Navigation Channels.--The Secretary shall
expedite the completion of a determination of the feasibility
of improvements proposed by the non-Federal interest under
section 204(f)(1)(A)(i) of the Water Resources Development Act
of 1986 (33 U.S.C. 2232(f)(1)(A)(i)), for the deepening and
widening of the navigation project for Coos Bay, Oregon,
authorized by the Act of March 3, 1879 (chapter 181, 20 Stat.
370).
SEC. 8203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
The Secretary shall expedite the completion of the following
feasibility studies, as modified by this section, and if the
Secretary determines that a project that is the subject of the
feasibility study is justified in the completed report, may
proceed directly to preconstruction planning, engineering, and
design of the project:
(1) Mare island strait, california.--The study for
navigation, Mare Island Strait channel, authorized by
section 406 of the Water Resources Development Act of
1999 (113 Stat. 323), is modified to authorize the
Secretary to consider the economic and national
security benefits from recent proposals for utilization
of the channel for Department of Defense shipbuilding
and vessel repair.
(2) Lake pontchartrain and vicinity, louisiana.--The
study for flood risk management and hurricane and storm
damage risk reduction, Lake Pontchartrain and Vicinity,
Louisiana, authorized by section 204 of the Flood
Control Act of 1965 (79 Stat. 1077), is modified to
authorize the Secretary to investigate increasing the
scope of the project to provide protection against a
200-year storm event.
(3) Blackstone river valley, rhode island and
massachusetts.--
(A) In general.--The study for ecosystem
restoration, Blackstone River Valley, Rhode
Island and Massachusetts, authorized by section
569 of the Water Resources Development Act of
1996 (110 Stat. 3788), is modified to authorize
the Secretary to conduct a study for water
supply, water flow, and wetland restoration and
protection within the scope of the study.
(B) Incorporation of existing data.--In
carrying out the study described in
subparagraph (A), the Secretary shall use, to
the extent practicable, any existing data for
the project prepared under the authority of
section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330).
(4) Lower saddle river, new jersey.--The study for
flood control, Lower Saddle River, New Jersey,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4119), is modified
to authorize the Secretary to review the previously
authorized study and take into consideration changes in
hydraulic and hydrologic circumstances and local
economic development since the study was initially
authorized.
(5) Trinity river and tributaries, texas.--The study
for navigation, Liberty, Texas, authorized by section
1201(7) of the Water Resources Development Act of 2018
(132 Stat. 3802), is modified to authorize the
Secretary to include in the study flood risk management
and ecosystem restoration.
SEC. 8204. CORPS OF ENGINEERS RESERVOIR SEDIMENTATION ASSESSMENT.
(a) In General.--The Secretary, at Federal expense, shall
conduct an assessment of sediment in reservoirs owned and
operated by the Secretary.
(b) Contents.--For each reservoir for which the Secretary
carries out an assessment under subsection (a), the Secretary
shall include in the assessment--
(1) an estimation of the volume of sediment in the
reservoir;
(2) an evaluation of the effects of such sediment on
reservoir storage capacity, including a quantification
of lost reservoir storage capacity due to the sediment
and an evaluation of how such lost reservoir storage
capacity affects the allocated storage space for
authorized purposes within the reservoir (including,
where applicable, allocations for dead storage,
inactive storage, active conservation, joint use, and
flood surcharge);
(3) the identification of any additional effects of
sediment on the operations of the reservoir or the
ability of the reservoir to meet its authorized
purposes;
(4) the identification of any potential effects of
the sediment over the 10-year period beginning on the
date of enactment of this Act on the areas immediately
upstream and downstream of the reservoir;
(5) the identification of any existing sediment
monitoring and management plans associated with the
reservoir;
(6) for any reservoir that does not have a sediment
monitoring and management plan--
(A) an identification of whether a sediment
management plan for the reservoir is under
development; or
(B) an assessment of whether a sediment
management plan for the reservoir would be
useful in the long-term operation and
maintenance of the reservoir for its authorized
purposes; and
(7) any opportunities for beneficial use of the
sediment in the vicinity of the reservoir.
(c) Report to Congress; Public Availability.--Not later than
2 years after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available
website), a report describing the results of the assessment
carried out under subsection (a).
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report that includes--
(1) a quantification of the expected hopper and
pipeline dredging needs of authorized water resources
development projects for the 10 years after the date of
enactment of this Act, including--
(A) the dredging needs to--
(i) construct deepenings or widenings
at authorized but not constructed
projects and the associated operations
and maintenance needs of such projects;
and
(ii) operate and maintain existing
Federal navigation channels;
(B) the amount of dredging to be carried out
by the Corps of Engineers for other Federal
agencies;
(C) the dredging needs associated with
authorized hurricane and storm damage risk
reduction projects (including periodic
renourishment); and
(D) the dredging needs associated with
projects for the beneficial use of dredged
material authorized by section 1122 of the
Water Resources Development Act of 2016 (33
U.S.C. 2326 note);
(2) an identification of the Federal appropriations
for dredging projects and expenditures from the Harbor
Maintenance Trust Fund for fiscal year 2015 and each
fiscal year thereafter;
(3) an identification of the dredging capacity of the
domestic hopper and pipeline dredge fleet, including
publicly owned and privately owned vessels, in each of
the 10 years preceding the date of enactment of this
Act;
(4) an analysis of the ability of the domestic hopper
and pipeline dredge fleet to meet the expected dredging
needs identified under paragraph (1), including an
analysis of such ability in each of--
(A) the east coast region;
(B) the west coast region, including the
States of Alaska and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of
domestic hopper and pipeline dredge vessels that are
under contract for construction and intended to be used
at water resources development projects;
(6) an identification of any hopper or pipeline
dredge vessel expected to be retired or become
unavailable during the 10-year period beginning on the
date of enactment of this section;
(7) an identification of the potential costs of using
either public or private dredging to carry out
authorized water resources development projects; and
(8) any recommendations of the Secretary for adding
additional domestic hopper and pipeline dredging
capacity, including adding public and private dredging
vessels to the domestic hopper and pipeline dredge
fleet to efficiently service water resources
development projects.
(b) Opportunity for Participation.--In carrying out
subsection (a), the Secretary shall provide interested
stakeholders, including representatives from the commercial
dredging industry, with an opportunity to submit comments to
the Secretary.
(c) Sense of Congress.--It is the sense of Congress that the
Corps of Engineers should add additional dredging capacity if
the addition of such capacity would--
(1) enable the Corps of Engineers to carry out water
resources development projects in an efficient and
cost-effective manner; and
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION AND
MAINTENANCE RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an assessment
of the consequences of amending section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)) to
authorize the operation and maintenance of navigation projects
for a harbor or inland harbor constructed by the Secretary at
100-percent Federal cost to a depth of 55 feet.
(b) Contents.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe all existing Federal navigation projects
that are authorized or constructed to a depth of 55
feet or greater;
(2) describe any Federal navigation project that is
likely to seek authorization or modification to a depth
of 55 feet or greater during the 10-year period
beginning on the date of enactment of this section;
(3) estimate--
(A) the potential annual increase in Federal
costs that would result from authorizing
operation and maintenance of a navigation
project to a depth of 55 feet at Federal
expense; and
(B) the potential cumulative increase in such
Federal costs during the 10-year period
beginning on the date of enactment of this
section; and
(4) assess the potential effect of authorizing
operation and maintenance of a navigation project to a
depth of 55 feet at Federal expense on other Federal
navigation operation and maintenance activities,
including the potential impact on activities at donor
ports, energy transfer ports, emerging harbor projects,
and projects carried out in the Great Lakes Navigation
System, as such terms are defined in section 102(a)(2)
of the Water Resources Development Act of 2020 (33
U.S.C. 2238 note).
(c) Report.--Not later than 18 months after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report describing the results
of the assessment carried out under subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.
Section 1133(b)(3) of the Water Resources Development Act of
2016 (33 U.S.C. 2326f(b)(3)) is amended by inserting ``,
including a separate line item for all Federal costs associated
with the disposal of dredged material'' before the semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.
(a) Comprehensive Study.--The Secretary shall conduct a
comprehensive study to evaluate the effectiveness of carrying
out additional measures, including measures that use natural
features or nature-based features, at or upstream of covered
reservoirs, for the purposes of--
(1) sustaining operations in response to changing
hydrological and climatic conditions;
(2) mitigating the risk of drought or floods,
including the loss of storage capacity due to sediment
accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) Study Focus.--In conducting the study under subsection
(a), the Secretary shall include all covered reservoirs located
in the South Pacific Division of the Corps of Engineers.
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In conducting the study under
subsection (a), the Secretary shall consult with
applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate
by the Secretary.
(2) Use of existing data and prior studies.--In
conducting the study under subsection (a), the
Secretary shall, to the maximum extent practicable and
where appropriate--
(A) use existing data provided to the
Secretary by entities described in paragraph
(1); and
(B) incorporate--
(i) relevant information from prior
studies and projects carried out by the
Secretary; and
(ii) the relevant technical data and
scientific approaches with respect to
changing hydrological and climatic
conditions.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes--
(1) the results of the study; and
(2) any recommendations for additional study in
specific geographic areas.
(e) Savings Provision.--Nothing in this section provides
authority to the Secretary to change the authorized purposes of
any covered reservoir.
(f) Definitions.--In this section:
(1) Covered reservoir.--The term ``covered
reservoir'' means a reservoir owned and operated by the
Secretary or for which the Secretary has flood control
responsibilities under section 7 of the Act of December
22, 1944 (33 U.S.C. 709).
(2) Natural feature and nature-based feature.--The
terms ``natural feature'' and ``nature-based feature''
have the meanings given such terms in section 1184(a)
of the Water Resources Development Act of 2016 (33
U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS FACILITIES IN
APPALACHIA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare and submit
to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a plan to implement the recreational
and economic development opportunities identified by the
Secretary in the report submitted under section 206 of the
Water Resources Development Act of 2020 (134 Stat. 2680) at
Corps of Engineers facilities located within a distressed
county or an at-risk county (as described in subsection (a)(1)
of such section) in Appalachia.
(b) Considerations.--In accordance with existing guidance, in
preparing the plan under subsection (a), the Secretary shall
consider options for Federal funding, partnerships, and
outgrants to Federal, State, and local governments, nonprofit
organizations, and commercial businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.
The Secretary shall conduct a review of projects in the
Ouachita River watershed, Arkansas and Louisiana, under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION CREEK,
CALIFORNIA.
Not later than 1 year after the date of enactment of this
section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report that provides an
updated economic review of the remaining portions of the
project for flood damage reduction, Santa Barbara streams,
Lower Mission Creek, California, authorized by section 101(b)
of the Water Resources Development Act of 2000 (114 Stat.
2577), taking into consideration work already completed by the
non-Federal interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR, CALIFORNIA.
In carrying out the disposition study for the project for
Salinas Dam (Santa Margarita Lake), California, pursuant to
section 202(d) of the Water Resources Development Act of 2020
(134 Stat. 2675), the Secretary shall--
(1) ensure that the County of San Luis Obispo is
provided right of first refusal for any potential
conveyance of the project; and
(2) ensure that the study identifies and describes
any potential repairs or modifications to the project
necessary to meet Federal and State dam safety
requirements prior to transferring the project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM, CALIFORNIA.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies any real property
associated with the Whittier Narrows Dam element of the Los
Angeles County Drainage Area project that the Secretary
determines--
(1) is not needed to carry out the authorized
purposes of the Whittier Narrows Dam element of such
project; and
(2) could be transferred to the City of Pico Rivera,
California, for the replacement of recreational
facilities located in such city that were adversely
impacted by dam safety construction activities
associated with the Whittier Narrows Dam element of
such project.
(b) Los Angeles County Drainage Area Project Defined.--In
this section, the term ``Los Angeles County Drainage Area
project'' means the project for flood control, Los Angeles
County Drainage Area, California, authorized by section 101(b)
of the Water Resources Development Act of 1990 (104 Stat. 4611;
130 Stat. 1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA STUDY.
(a) In General.--The Secretary is authorized to carry out a
feasibility study for resiliency and comprehensive improvements
or modifications to existing water resources development
projects in the central and southern Florida area, for the
purposes of flood risk management, water supply, ecosystem
restoration (including preventing saltwater intrusion),
recreation, and related purposes.
(b) Requirements.--In carrying out the feasibility study
under subsection (a), the Secretary--
(1) is authorized to--
(A) review the report of the Chief of
Engineers on central and southern Florida,
published as House Document 643, 80th Congress,
2d Session, and other related reports of the
Secretary; and
(B) recommend cost-effective structural and
nonstructural projects for implementation that
provide a systemwide approach for the purposes
described in subsection (a); and
(2) shall ensure the study and any projects
recommended under paragraph (1)(B) will not interfere
with the efforts undertaken to carry out the
Comprehensive Everglades Restoration Plan pursuant to
section 601 of the Water Resources Development Act of
2000 (114 Stat. 2680; 132 Stat. 3786).
SEC. 8215. NORTHERN ESTUARIES ECOSYSTEM RESTORATION, FLORIDA.
(a) Definitions.--In this section:
(1) Central and southern florida project.--The term
``Central and Southern Florida Project'' has the
meaning given that term in section 601 of the Water
Resources Development Act of 2000.
(2) Northern estuaries.--The term ``northern
estuaries'' means the Caloosahatchee Estuary, Charlotte
Harbor, Indian River Lagoon, Lake Worth Lagoon, and St.
Lucie River Estuary.
(3) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the
land and water within the boundary of the South
Florida Water Management District in effect on
July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore
coastal water of South Florida; and
(iv) Florida's Coral Reef.
(4) Study area.--The term ``study area'' means all
lands and waters within--
(A) the northern estuaries;
(B) the South Florida ecosystem; and
(C) the study area boundaries of the Indian
River Lagoon National Estuary Program and the
Coastal and Heartland Estuary Partnership,
authorized pursuant to section 320 of the
Federal Water Pollution Control Act (33 U.S.C.
1330).
(b) Proposed Comprehensive Plan.--
(1) Development.--The Secretary shall develop, in
cooperation with the non-Federal sponsors of the
Central and Southern Florida project and any relevant
Federal, State, and Tribal agencies, a proposed
comprehensive plan for the purpose of restoring,
preserving, and protecting the northern estuaries.
(2) Inclusions.--In carrying out paragraph (1), the
Secretary shall develop a proposed comprehensive plan
that provides for ecosystem restoration within the
northern estuaries, including the elimination of
harmful discharges from Lake Okeechobee.
(3) Submission.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
submit to Congress for approval--
(A) the proposed comprehensive plan developed
under this subsection; and
(B) recommendations for future feasibility
studies within the study area for the ecosystem
restoration of the northern estuaries.
(4) Interim reports.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter
until the submission of the proposed comprehensive plan
under paragraph (3), the Secretary shall submit to
Congress an interim report on the development of the
proposed comprehensive plan.
(5) Additional studies and analyses.--Notwithstanding
the submission of the proposed comprehensive plan under
paragraph (3), the Secretary shall continue to conduct
such studies and analyses after the date of such
submission as are necessary for the purpose of
restoring, preserving, and protecting the northern
estuaries.
(c) Limitation.--Nothing in this section shall be construed
to require the alteration or amendment of the schedule for
completion of the Comprehensive Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA CENTRAL
GULF COAST.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall carry out a study,
and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report, on projects and activities carried out through the
Engineer Research and Development Center to restore shellfish
habitat and seagrass in coastal estuaries in the Florida
Central Gulf Coast.
(b) Requirements.--In conducting the study under subsection
(a), the Secretary shall--
(1) consult with independent expert scientists and
other regional stakeholders with relevant expertise and
experience; and
(2) coordinate with Federal, State, and local
agencies providing oversight for both short- and long-
term monitoring of the projects and activities
described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,000,000, to remain
available until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION PLAN
IMPLEMENTATION.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that provides an update on--
(1) Comprehensive Everglades Restoration Plan
projects, as authorized by or pursuant to section 601
of the Water Resources Development Act of 2000 (114
Stat. 2680; 121 U.S.C. 1269; 132 U.S.C. 3786);
(2) the review of the Lake Okeechobee Regulation
Schedule pursuant to section 1106 of the Water
Resources Development Act of 2018 (132 Stat. 3773) and
section 210 of the Water Resources Development Act of
2020 (134 U.S.C. 2682); and
(3) any additional water resources development
projects and studies included in the South Florida
Ecosystem Restoration Plan Integrated Delivery Schedule
prepared in accordance with part 385 of title 33, Code
of Federal Regulations.
(b) Contents.--The Secretary shall include in the report
submitted under subsection (a) the status of each authorized
water resources development project or study described in such
subsection, including--
(1) an estimated implementation or completion date of
the project or study; and
(2) the estimated costs to complete implementation or
construction, as applicable, of the project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.
Notwithstanding subsection (f) of section 455 of the Water
Resources Development Act of 1999 (42 U.S.C. 1962d-21), not
later than 1 year after the date of enactment of this Act, the
Secretary shall prepare, at Federal expense, and submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report updating the findings of the report on
the economic benefits of recreational boating in the Great
Lakes basin prepared under subsection (c) of such section.
SEC. 8219. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER AND ILLINOIS
RIVER.
(a) Study.--The Secretary, in coordination with relevant
Federal agencies, shall, at Federal expense, periodically carry
out a study to--
(1) evaluate the flow frequency probabilities of the
Upper Mississippi River and the Illinois River; and
(2) develop updated water surface profiles for such
rivers.
(b) Area of Evaluation.--In carrying out subsection (a), the
Secretary shall conduct analysis along the mainstem of the
Mississippi River from upstream of the Minnesota River
confluence near Anoka, Minnesota, to just upstream of the Ohio
River confluence near Cairo, Illinois, and along the Illinois
River from Dresden Island Lock and Dam to the confluence with
the Mississippi River, near Grafton, Illinois.
(c) Reports.--Not later than 5 years after the date of
enactment of this Act, and not less frequently than every 20
years thereafter, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of a study
carried out under subsection (a).
(d) Public Availability.--Any information developed under
subsection (a) shall be made publicly available, including on a
publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE VALLEY,
OREGON.
(a) Disposition Study.--
(1) In general.--The Secretary shall carry out a
disposition study to determine the Federal interest in,
and identify the effects of, deauthorizing hydropower
as an authorized purpose, in whole or in part, of the
Willamette Valley hydropower project.
(2) Contents.--In carrying out the disposition study
under paragraph (1), the Secretary shall review the
effects of deauthorizing hydropower on--
(A) Willamette Valley hydropower project
operations;
(B) other authorized purposes of such
project;
(C) cost apportionments;
(D) dam safety;
(E) compliance with the requirements of the
Endangered Species Act (16 U.S.C. 1531 et
seq.); and
(F) the operations of the remaining dams
within the Willamette Valley hydropower
project.
(3) Recommendations.--If the Secretary, through the
disposition study authorized by paragraph (1),
determines that hydropower should be removed as an
authorized purpose of any part of the Willamette Valley
hydropower project, the Secretary shall also
investigate and recommend any necessary structural or
operational changes at such project that are necessary
to achieve an appropriate balance among the remaining
authorized purposes of such project or changes to such
purposes.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate that describes--
(1) the results of the disposition study on
deauthorizing hydropower as a purpose of the Willamette
Valley hydropower project; and
(2) any recommendations required under subsection
(a)(3).
(c) Costs.--Until such time as the report required under
subsection (b) is issued, any new construction-related
expenditures of the Secretary at the Willamette Valley
hydropower project that are assigned to hydropower shall not be
reimbursable.
(d) Definition.--In this section, the term ``Willamette
Valley hydropower project'' means the system of dams and
reservoir projects authorized to generate hydropower and the
power features that operate in conjunction with the main
regulating dam facilities, including the Big Cliff, Dexter, and
Foster re-regulating dams in the Willamette River Basin,
Oregon, as authorized by section 4 of the Flood Control Act of
1938 (chapter 795, 52 Stat. 1222; 62 Stat. 1178; 64 Stat. 177;
68 Stat. 1264; 74 Stat. 499; 100 Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the completion of a study under
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a)
for modifications of the project for navigation, Houston Ship
Channel Expansion Channel Improvement Project, Harris,
Chambers, and Galveston Counties, Texas, authorized by section
401 of the Water Resources Development Act of 2020 (134 Stat.
2734), to incorporate into the project the construction of
barge lanes immediately adjacent to either side of the Houston
Ship Channel from Bolivar Roads to Morgan's Point.
SEC. 8222. SABINE-NECHES WATERWAY NAVIGATION IMPROVEMENT PROJECT,
TEXAS.
The Secretary shall expedite the review and coordination of
the feasibility study for the project for navigation, Sabine-
Neches Waterway, Texas, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.
Not later than December 31, 2023, the Secretary shall
complete a post-authorization change report for the Anchorage F
modifications to the project for navigation, Norfolk Harbor and
Channels, Virginia, authorized by section 201 of the Water
Resources Development Act of 1986 (100 Stat. 4090; 132 Stat.
3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.
(a) In General.--In carrying out the feasibility study for
the project for flood risk management, ecosystem restoration,
and navigation, Coastal Virginia, authorized by section 1201(9)
of the Water Resources Development Act of 2018 (132 Stat.
3802), the Secretary is authorized to enter into a written
agreement with any Federal agency that owns or operates
property in the area of the project to accept and expend funds
from such Federal agency to include in the study an analysis
with respect to property owned or operated by such Federal
agency.
(b) Information.--The Secretary shall use any relevant
information obtained from a Federal agency described in
subsection (a) to carry out the feasibility study described in
such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.
(a) In General.--For water resources development projects
described in subsection (b), the Secretary is authorized to
evaluate Federal and non-Federal modifications to such projects
for the purposes of adding capacity for hydropower generation
or energy storage.
(b) Projects Described.--The projects referred to in
subsection (a) are the following:
(1) Sutton Dam, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936
(chapter 688, 49 Stat. 1586).
(2) Hildebrand Lock and Dam, Monongahela County, West
Virginia, authorized by section 101 of the River and
Harbor Act of 1950 (chapter 188, 64 Stat. 166).
(3) Bluestone Lake, Summers County, West Virginia,
authorized by section 5 of the Act of June 22, 1936
(chapter 688, 49 Stat. 1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia,
authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West
Virginia, authorized by section 203 of the Flood
Control Act of 1966 (80 Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia,
authorized by section 5 of the Act of June 22, 1936
(chapter 688, 49 Stat. 1586).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936
(chapter 688, 49 Stat. 1586).
(c) Demonstration Projects.--In carrying out subsection (a),
the Secretary may carry out demonstration projects for purposes
of testing and evaluating technology for adding capacity for
hydropower generation or energy storage to a project described
in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.
Section 2040(f) of the Water Resources Development Act of
2007 (33 U.S.C. 2345(f)) is amended--
(1) in paragraph (1), by striking ``Water Resources
Development Act of 2016'' and inserting ``Water
Resources Development Act of 2022''; and
(2) by striking paragraph (2) and inserting the
following:
``(2) Update on electronic system implementation.--
The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a quarterly update
describing the status of the implementation of this
section.''.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.
(a) Sense of Congress.--It is the sense of Congress that the
Corps of Engineers should use all available authorities to
promote and enhance development and recreational opportunities
at lakes that are part of authorized civil works projects under
the administrative jurisdiction of the Corps of Engineers.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on investments needed to support
recreational activities that are part of authorized water
resources development projects under the administrative
jurisdiction of the Corps of Engineers.
(c) Requirements.--The report under subsection (b) shall
include--
(1) a list of deferred maintenance projects,
including maintenance projects relating to recreational
facilities and sites and associated access roads;
(2) a plan to fund the projects described in
paragraph (1) during the 5-year period beginning on the
date of enactment of this Act;
(3) a description of efforts made by the Corps of
Engineers to coordinate investments in recreational
facilities and sites and associated access roads with--
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of
Federal contracting requirements could accelerate the
availability of funds for the projects described in
paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.
For the purpose of mitigating adverse impacts to public
access to outdoor recreation, to the maximum extent
practicable, the Secretary shall consider alternatives to the
use of automated fee machines for the collection of fees for
the use of developed recreation sites and facilities in West
Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.
(a) In General.--The Secretary shall--
(1) carry out a review of potential threats to human
life and safety from use of covered sites; and
(2) install such technologies and other measures,
including sirens, strobe lights, and signage, that the
Secretary, based on the review carried out under
paragraph (1), determines necessary for alerting the
public of hazardous water conditions or to otherwise
minimize or eliminate any identified threats to human
life and safety.
(b) Covered Sites Defined.--In this section, the term
``covered sites'' means--
(1) designated recreational areas at the Buford Dam,
Lake Sidney Lanier, Georgia, authorized by section 1 of
the Act of July 24, 1946 (chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the
Mississippi River, Louisiana; and
(3) the project for navigation, Murderkill River,
Delaware, authorized by the first section of the Act of
July 13, 1892 (chapter 158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND
TESTING CAPACITY.
(a) In General.--The Secretary, acting through the Director
of the Engineer Research and Development Center, shall carry
out an assessment of the current capacity of the Corps of
Engineers to model coastal flood mitigation systems and test
the effectiveness of such systems in preventing flood damage
resulting from coastal storm surges.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) identify the capacity of the Corps of Engineers
to--
(A) carry out the testing of the performance
and reliability of coastal flood mitigation
systems; or
(B) collaborate with private industries to
carry out such testing;
(2) identify any limitations or deficiencies at Corps
of Engineers facilities that are capable of testing the
performance and reliability of coastal flood mitigation
systems;
(3) assess any benefits that would result from
addressing the limitations or deficiencies identified
under paragraph (2); and
(4) provide recommendations for addressing such
limitations or deficiencies.
(c) Report to Congress.--Not later than 1 year after the date
of enactment of this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report describing the results
of the assessment carried out under subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report that describes and
documents the use of contracts and subcontracts with Small
Disadvantaged Businesses in carrying out the water resources
development authorities of the Secretary.
(b) Information.--The Secretary shall include in the report
under subsection (a) information on the distribution of funds
to Small Disadvantaged Businesses on a disaggregated basis.
(c) Definition.--In this section, the term ``Small
Disadvantaged Business'' has the meaning given that term in
section 124.1001 of title 13, Code of Federal Regulations (or
successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.
(a) Assessment.--
(1) In general.--The Secretary shall conduct an
assessment, in collaboration with relevant Federal
agencies and after consultation with relevant non-
Federal interests, of opportunities to install and
maintain photovoltaic solar panels (including floating
solar panels) at covered projects.
(2) Contents.--The assessment conducted under
paragraph (1) shall--
(A) include a description of the economic,
environmental, and technical viability of
installing and maintaining, or contracting with
third parties to install and maintain,
photovoltaic solar panels at covered projects;
(B) identify covered projects with a high
potential for the installation and maintenance
of photovoltaic solar panels and whether such
installation and maintenance would require
additional authorization;
(C) account for potential impacts of
photovoltaic solar panels at covered projects
and the authorized purposes of such projects,
including potential impacts on flood risk
reduction, navigation, recreation, water
supply, and fish and wildlife; and
(D) account for the availability of electric
grid infrastructure close to covered projects,
including underutilized transmission
infrastructure.
(b) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall submit to
Congress, and make publicly available (including on a publicly
available website), a report containing the results of the
assessment conducted under subsection (a).
(c) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary $10,000,000 to carry out this
section.
(d) Definition.--In this section, the term ``covered
project'' means--
(1) any property under the control of the Corps of
Engineers; and
(2) any water resources development project
constructed by the Secretary or over which the
Secretary has financial or operational responsibility.
SEC. 8233. REPORT TO CONGRESS ON ECONOMIC VALUATION OF PRESERVATION OF
OPEN SPACE, RECREATIONAL AREAS, AND HABITAT
ASSOCIATED WITH PROJECT LANDS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements related
to the determination of the economic value of lands that--
(1) may be provided by the non-Federal interest, as
necessary, for the construction of a project for flood
risk reduction or hurricane and storm risk reduction in
accordance with section 103(i) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(i));
(2) are being maintained for open space, recreational
areas, or preservation of fish and wildlife habitat;
and
(3) will continue to be so maintained as part of the
project.
(b) Report to Congress.--Not later than 1 year after the date
of enactment of this section, the Secretary shall issue to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of the
review conducted under subsection (a), including--
(1) a summary of the existing statutory, regulatory,
and policy requirements described in such subsection;
(2) a description of the requirements and process the
Secretary uses to place an economic value on the lands
described in such subsection;
(3) an assessment of whether such requirements and
process affect the ability of a non-Federal interest to
provide such lands for the construction of a project
described in such subsection;
(4) an assessment of whether such requirements and
process directly or indirectly encourage the selection
of developed lands for the construction of a project,
or have the potential to affect the total cost of a
project; and
(5) the identification of alternative measures for
determining the economic value of such lands that could
provide incentives for the preservation of open space,
recreational areas, and habitat in association with the
construction of a project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report that describes--
(1) the extent to which the Secretary has carried out
section 1033 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has
incorporated corrosion prevention activities (as
defined in such section) at water resources development
projects constructed or maintained by the Secretary
since the date of enactment of such section; and
(3) in instances where the Secretary has not
incorporated corrosion prevention activities at such
water resources development projects since such date,
an explanation of why such corrosion prevention
activities have not been incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER RESOURCES
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements and
procedures related to the use, in relation to the construction
of a project for flood risk management, hurricane and storm
damage risk reduction, or ecosystem restoration, of covered
easements that may be provided to the Secretary by non-Federal
interests.
(b) Report to Congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of the
review conducted under subsection (a), including--
(1) the findings of the Secretary relating to--
(A) the minimum rights in property that are
necessary to construct, operate, or maintain
projects for flood risk management, hurricane
and storm damage risk reduction, or ecosystem
restoration;
(B) whether increased use of covered
easements in relation to such projects could
promote greater participation from cooperating
landowners in addressing local flooding or
ecosystem restoration challenges; and
(C) whether such increased use could result
in cost savings in the implementation of the
projects, without any reduction in project
benefits; and
(2) any recommendations of the Secretary relating to
whether existing requirements or procedures related to
such use of covered easements should be revised to
reflect the results of the review.
(c) Definition.--In this section, the term ``covered
easement'' means an easement or other similar interest in real
property that--
(1) reserves for the Secretary rights in the property
that are necessary to construct, operate, or maintain a
water resources development project;
(2) provides for appropriate public use of the
property, and retains the right of continued use of the
property by the owner of the property, to the extent
such uses are consistent with purposes of the covered
easement;
(3) provides access to the property for oversight and
inspection by the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.
SEC. 8236. GAO STUDIES.
(a) Study on Project Distribution.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall initiate an analysis of--
(A) the geographic distribution of annual and
supplemental funding for water resources
development projects carried out by the
Secretary over the immediately preceding 5
fiscal years; and
(B) the factors contributing to such
distribution.
(2) Report.--Upon completion of the analysis required
under paragraph (1), the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of such analysis.
(b) Assessment of Concessionaire Practices.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall initiate an assessment of the
concessionaire lease practices of the Corps of
Engineers.
(2) Scope.--In conducting the assessment under
paragraph (1), the Comptroller General shall assess--
(A) the extent to which the formula of the
Corps of Engineers for calculating
concessionaire rental rates allows
concessionaires to obtain a reasonable return
on investment, taking into account operating
margins for sales of food and fuel; and
(B) the process and formula for assessing
administrative fees for concessionaire leases
that addresses--
(i) the statutory authority for such
fees; and
(ii) the extent to which the process
and formula for assessing such fees are
transparent and consistent across
districts of the Corps of Engineers.
(3) Report.--Upon completion of the assessment
required under paragraph (1), the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report on the findings of such assessment.
(c) Audit of Projects Over Budget or Behind Schedule.--
(1) List required.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
provide to the Comptroller General of the United States
a list of each covered ongoing water resources
development project.
(2) Review.--Not later than 1 year after receiving
the list under paragraph (1), the Comptroller General
shall initiate a review of the factors and conditions
resulting in the estimated project cost or completion
date exceedances for each covered ongoing water
resources development project.
(3) Report.--Upon completion of the review conducted
under paragraph (2), the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of such review.
(4) Definition of covered ongoing water resources
development project.--In this subsection, the term
``covered ongoing water resources development project''
means a water resources development project being
carried out by the Secretary for which, as of the date
of enactment of this Act--
(A) the estimated total project cost of the
project exceeds the authorized total project
cost of the project by not less than
$50,000,000; or
(B) the estimated completion date of the
project exceeds the original estimated
completion date of the project by not less than
5 years.
(d) Studies on Mitigation.--
(1) Study on mitigation for water resources
development projects.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Comptroller General of the United States shall
initiate a review of projects and activities to
mitigate fish and wildlife losses resulting
from the construction, or operation and
maintenance, of an authorized water resources
development project.
(B) Requirements.--In conducting the review
under subparagraph (A), the Comptroller General
shall--
(i) assess the extent to which--
(I) districts of the Corps of
Engineers consistently
implement the final rule of the
Department of Defense and the
Environmental Protection Agency
titled ``Compensatory
Mitigation for Losses of
Aquatic Resources'' and issued
on April 10, 2008 (73 Fed. Reg.
19594);
(II) mitigation projects and
activities (including the
acquisition of lands or
interests in lands) restore the
natural hydrologic conditions,
restore native vegetation, and
otherwise support native fish
and wildlife species, as
required under section 906 of
the Water Resources Development
Act of 1986 (33 U.S.C. 2283);
(III) mitigation projects or
activities (including the
acquisition of lands or
interests in lands) are
undertaken before, or
concurrent with, the
construction of the authorized
water resources development
project for which such
mitigation is required;
(IV) mitigation projects or
activities (including the
acquisition of lands or
interests in lands) are
completed;
(V) mitigation projects or
activities are undertaken to
mitigate fish and wildlife
losses resulting from the
operation and maintenance of an
authorized water resources
development project, including
based on periodic review and
updating of such projects or
activities;
(VI) the Secretary includes
mitigation plans, as required
by section 906(d) of the Water
Resources Development Act of
1986 (33 U.S. 2283), in any
project study (as defined in
section 2034(l) of the Water
Resources Development Act of
2007 (33 U.S.C. 2343));
(VII) processing and approval
of mitigation projects and
activities (including the
acquisition of lands or
interests in lands) affects the
timeline of completion of
authorized water resources
development projects; and
(VIII) mitigation projects
and activities (including the
acquisition of lands or
interests in lands) affect the
total cost of authorized water
resources development projects;
(ii) evaluate the performance of each
of the mitigation mechanisms included
in the final rule described in clause
(i)(I);
(iii) evaluate the efficacy of the
use of alternative methods, such as a
performance-based contract, to satisfy
mitigation requirements of authorized
water resources development projects;
(iv) review any reports submitted to
Congress in accordance with section
2036(b) of the Water Resources
Development Act of 2007 (121 Stat.
1094) on the status of construction of
authorized water resources development
projects that require mitigation; and
(v) consult with independent
scientists, economists, and other
stakeholders with expertise and
experience to conduct such review.
(C) Definition of performance-based
contract.--In this paragraph, the term
``performance-based contract'' means a
procurement mechanism by which the Corps of
Engineers contracts with a public or private
non-Federal entity for a specific mitigation
outcome requirement, with payment to the entity
linked to delivery of verifiable, sustainable,
and functionally equivalent mitigation
performance.
(D) Report.--Upon completion of the review
conducted under this paragraph, the Comptroller
General shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
a report on the findings of such review.
(2) Study on compensatory mitigation.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Comptroller General of the United States shall
initiate a review of the performance metrics
for, compliance with, and adequacy of potential
mechanisms for fulfilling compensatory
mitigation obligations pursuant to the Federal
Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(B) Requirements.--The Comptroller General
shall include in the review conducted under
subparagraph (A) an analysis of--
(i) the primary mechanisms for
fulfilling compensatory mitigation
obligations, including--
(I) mitigation banks;
(II) in-lieu fee programs;
and
(III) direct mitigation by
permittees;
(ii) the timeliness of initiation and
successful completion of compensatory
mitigation activities in relation to
when a permitted activity occurs;
(iii) the timeliness of processing
and approval of compensatory mitigation
activities;
(iv) the costs of carrying out
compensatory mitigation activities
borne by the Federal Government, a
permittee, or any other involved
entity;
(v) Federal and State agency
oversight and short- and long-term
monitoring of compensatory mitigation
activities;
(vi) whether a compensatory
mitigation activity successfully
replaces any lost or adversely affected
habitat with a habitat having similar
functions of equal or greater
ecological value; and
(vii) the continued, long-term
operation of the compensatory
mitigation activities over a 5-, 10-,
20-, and 50-year period, including
ecological performance and the
functioning of long-term funding
mechanisms.
(C) Update.--In conjunction with the review
required under subparagraph (A), the
Comptroller General shall review and update the
findings and recommendations contained in the
report of the Comptroller General titled
``Corps of Engineers Does Not Have an Effective
Oversight Approach to Ensure That Compensatory
Mitigation Is Occurring'' and dated September
2005 (GAO-05-898), including a review of
Federal agency compliance with such
recommendations.
(D) Report.--Upon completion of the review
conducted under required subparagraph (A), the
Comptroller General shall submit to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives a report on the findings of
such review.
(e) Study on Waterborne Commerce Statistics.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the
Waterborne Commerce Statistics Center of the Corps of
Engineers that includes--
(A) an assessment of ways in which the
Waterborne Commerce Statistics Center can
improve the collection of information relating
to all commercial maritime activity within the
jurisdiction of a port, including the
collection and reporting of records of fishery
landings and aquaculture harvest; and
(B) recommendations to improve the collection
of such information from non-Federal entities,
taking into consideration--
(i) the cost, efficiency, and
accuracy of collecting such
information; and
(ii) the protection of proprietary
information.
(2) Report.--Upon completion of the review conducted
out under paragraph (1), the Comptroller General shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report containing the results of such review.
(f) Study on the Integration of Information Into the National
Levee Database.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General
of the United States shall initiate a review of the
sharing of levee information, and the integration of
such information into the National Levee Database, by
the Corps of Engineers and the Federal Emergency
Management Agency in accordance with section 9004 of
the Water Resources Development Act of 2007 (33 U.S.C.
3303).
(2) Requirements.--In conducting the review under
paragraph (1), the Comptroller General shall--
(A) investigate the information-sharing
protocols and procedures between the Corps of
Engineers and the Federal Emergency Management
Agency regarding the construction of new
Federal flood protection projects;
(B) analyze the timeliness of the integration
of information relating to newly constructed
Federal flood protection projects into the
National Levee Database;
(C) identify any delays between the
construction of a new Federal flood protection
project and when a policyholder of the National
Flood Insurance Program would realize a premium
discount due to the construction of a new
Federal flood protection project; and
(D) determine whether such information-
sharing protocols are adversely impacting the
ability of the Secretary to perform accurate
benefit-cost analyses for future flood risk
management activities.
(3) Report.--Upon completion of the review conducted
under paragraph (1), the Comptroller General shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report containing the results of such review.
(g) Audit of Joint Costs for Operation and Maintenance.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall initiate a review of the
practices of the Corps of Engineers with respect to the
determination of joint costs associated with operations
and maintenance of reservoirs owned and operated by the
Secretary.
(2) Report.--Upon completion of the review conducted
under paragraph (1), the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of such review and any recommendations
that result from such review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED RESTORATION
SERVICES ON LANDS OWNED BY THE CORPS OF ENGINEERS.
(a) In General.--The Secretary shall carry out an assessment
of forest, rangeland, and watershed restoration services on
lands owned by the Corps of Engineers, including an assessment
of whether the provision of such services on such lands by non-
Federal interests through good neighbor agreements would be in
the best interests of the United States.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe the forest, rangeland, and watershed
restoration services provided by the Secretary on lands
owned by the Corps of Engineers;
(2) assess whether such services, including efforts
to reduce hazardous fuels and to restore and improve
forest, rangeland, and watershed health (including the
health of fish and wildlife habitats) would be enhanced
by authorizing the Secretary to enter into a good
neighbor agreement with a non-Federal interest;
(3) describe the process for ensuring that Federal
requirements for land management plans for forests on
lands owned by the Corps of Engineers remain in effect
under good neighbor agreements;
(4) assess whether Congress should authorize the
Secretary to enter into a good neighbor agreement with
a non-Federal interest to provide forest, rangeland,
and watershed restoration services on lands owned by
the Corps of Engineers, including by assessing any
interest expressed by a non-Federal interest to enter
into such an agreement;
(5) consider whether implementation of a good
neighbor agreement on lands owned by the Corps of
Engineers would benefit State and local governments and
Indian Tribes that are located in the same geographic
area as such lands; and
(6) consult with the heads of other Federal agencies
authorized to enter into good neighbor agreements with
non-Federal interests.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate, and make publicly available
(including on a publicly available website), a report
describing the results of the assessment carried out under
subsection (a).
(d) Definitions.--In this section:
(1) Forest, rangeland, and watershed restoration
services.--The term ``forest, rangeland, and watershed
restoration services'' has the meaning given such term
in section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a).
(2) Good neighbor agreement.--The term ``good
neighbor agreement'' means a cooperative agreement or
contract (including a sole source contract) entered
into between the Secretary and a non-Federal interest
to carry out forest, rangeland, and watershed
restoration services.
(3) Lands owned by the corps of engineers.--The term
``lands owned by the Corps of Engineers'' means any
land owned by the Corps of Engineers, but does not
include--
(A) a component of the National Wilderness
Preservation System;
(B) land on which the removal of vegetation
is prohibited or restricted by law or
Presidential proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the
Secretary determines that forest, rangeland,
and watershed restoration services should
remain the responsibility of the Secretary.
Subtitle C--Deauthorizations and Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.
(a) Purposes; Proposed Deauthorization List; Submission of
Final List.--Section 301 of the Water Resources Development Act
of 2020 (33 U.S.C. 579d-2) is amended by striking subsections
(a) through (c) and inserting the following:
``(a) Purposes.--The purposes of this section are--
``(1) to identify water resources development
projects, and separable elements of projects,
authorized by Congress that are no longer viable for
construction due to--
``(A) a lack of local support;
``(B) a lack of available Federal or non-
Federal resources; or
``(C) an authorizing purpose that is no
longer relevant or feasible;
``(2) to create an expedited and definitive process
for Congress to deauthorize water resources development
projects and separable elements that are no longer
viable for construction; and
``(3) to allow the continued authorization of water
resources development projects and separable elements
that are viable for construction.
``(b) Proposed Deauthorization List.--
``(1) Preliminary list of projects.--
``(A) In general.--The Secretary shall
develop a preliminary list of each water
resources development project, or separable
element of a project, authorized for
construction before November 8, 2007, for
which--
``(i) planning, design, or
construction was not initiated before
the date of enactment of this Act; or
``(ii) planning, design, or
construction was initiated before the
date of enactment of this Act, but for
which no funds, Federal or non-Federal,
were obligated for planning, design, or
construction of the project or
separable element of the project during
the current fiscal year or any of the
10 preceding fiscal years.
``(B) Use of comprehensive construction
backlog and operation and maintenance report.--
The Secretary may develop the preliminary list
from the comprehensive construction backlog and
operation and maintenance reports developed
pursuant to section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C.
579a).
``(2) Preparation of proposed deauthorization list.--
``(A) Proposed list and estimated
deauthorization amount.--The Secretary shall--
``(i) prepare a proposed list of
projects for deauthorization comprised
of a subset of projects and separable
elements identified on the preliminary
list developed under paragraph (1) that
are projects or separable elements
described in subsection (a)(1), as
determined by the Secretary; and
``(ii) include with such proposed
list an estimate, in the aggregate, of
the Federal cost to complete such
projects.
``(B) Determination of federal cost to
complete.--For purposes of subparagraph (A),
the Federal cost to complete shall take into
account any allowances authorized by section
902 of the Water Resources Development Act of
1986 (33 U.S.C. 2280), as applied to the most
recent project schedule and cost estimate.
``(3) Public comment and consultation.--
``(A) In general.--The Secretary shall
solicit comments from the public and the
Governors of each applicable State on the
proposed deauthorization list prepared under
paragraph (2)(A).
``(B) Comment period.--The public comment
period shall be 90 days.
``(4) Preparation of final deauthorization list.--
``(A) In general.--The Secretary shall
prepare a final deauthorization list by--
``(i) considering any comments
received under paragraph (3); and
``(ii) revising the proposed
deauthorization list prepared under
paragraph (2)(A) as the Secretary
determines necessary to respond to such
comments.
``(B) Appendix.--The Secretary shall include
as part of the final deauthorization list an
appendix that--
``(i) identifies each project or
separable element on the proposed
deauthorization list that is not
included on the final deauthorization
list; and
``(ii) describes the reasons why the
project or separable element is not
included on the final deauthorization
list.
``(c) Submission of Final Deauthorization List to Congress
for Congressional Review; Publication.--
``(1) In general.--Not later than 90 days after the
date of the close of the comment period under
subsection (b)(3), the Secretary shall--
``(A) submit the final deauthorization list
and appendix prepared under subsection (b)(4)
to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate; and
``(B) publish the final deauthorization list
and appendix in the Federal Register.
``(2) Exclusions.--The Secretary shall not include in
the final deauthorization list submitted under
paragraph (1) any project or separable element with
respect to which Federal funds for planning, design, or
construction are obligated after the development of the
preliminary list under subsection (b)(1)(A) but prior
to the submission of the final deauthorization list
under paragraph (1)(A) of this subsection.''.
(b) Repeal.--Section 301(d) of the Water Resources
Development Act of 2020 (33 U.S.C. 579d-2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986
(33 U.S.C. 2267a) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at
the end;
(B) in paragraph (6), by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(7) sea level rise;
``(8) coastal storm damage reduction; and
``(9) streambank and shoreline protection.''; and
(2) in subsection (d)--
(A) in paragraph (9), by striking ``and'' at
the end;
(B) in paragraph (10), by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(11) New York-New Jersey Watershed Basin, which
encompasses all the watersheds that flow into the New
York-New Jersey Harbor and their associated estuaries,
including the Hudson, Mohawk, Raritan, Passaic,
Hackensack, and Bronx River Watersheds and the Hudson
River Estuary;
``(12) Mississippi River Watershed; and
``(13) Chattahoochee River Basin, Alabama, Florida,
and Georgia.''.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.
(a) Additional Utilization of Forecast-Informed Reservoir
Operations.--Section 1222(c) of the Water Resources Development
Act of 2018 (132 Stat. 3811; 134 Stat. 2661) is amended--
(1) in paragraph (1), by striking ``the Upper
Missouri River Basin and the North Platte River Basin''
and inserting ``the Upper Missouri River Basin, the
North Platte River Basin, and the Apalachicola
Chattahoochee Flint River Basin''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``the
Upper Missouri River Basin or the North Platte
River Basin'' and inserting ``the Upper
Missouri River Basin, the North Platte River
Basin, or the Apalachicola Chattahoochee Flint
River Basin''; and
(B) in subparagraph (B), by striking ``the
Upper Missouri River Basin or the North Platte
River Basin'' and inserting ``the Upper
Missouri River Basin, the North Platte River
Basin, or the Apalachicola Chattahoochee Flint
River Basin''.
(b) Completion of Reports.--The Secretary shall expedite
completion of the reports authorized by section 1222 of the
Water Resources Development Act of 2018 (132 Stat. 3811; 134
Stat. 2661).
(c) Forecast-Informed Reservoir Operations.--
(1) In general.--The Secretary is authorized to carry
out a research study pilot program at 1 or more dams
owned and operated by the Secretary in the North
Atlantic Division of the Corps of Engineers to assess
the viability of forecast-informed reservoir operations
in the eastern United States.
(2) Report.--Not later than 1 year after completion
of the research study pilot program under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report on the results of
the research study pilot program.
SEC. 8304. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of 1986
(100 Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat. 295;
121 Stat. 1076; 134 Stat. 2703) is amended--
(1) in paragraph (29), by striking ``and'' at the
end;
(2) in paragraph (30), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(31) Salisbury Pond, Worcester, Massachusetts;
``(32) Baisley Pond, New York;
``(33) Legacy Park, Decatur, Georgia; and
``(34) White Rock Lake, Dallas, Texas.''.
SEC. 8305. INVASIVE SPECIES.
(a) Aquatic Invasive Species Research.--Section 1108(a) of
the Water Resources Development Act of 2018 (33 U.S.C.
2263a(a)) is amended by inserting ``, hydrilla'' after
``elodea''.
(b) Invasive Species Management.--Section 104 of the River
and Harbor Act of 1958 (33 U.S.C. 610) is amended--
(1) in subsection (b)(2)(A)(ii)--
(A) by striking ``$50,000,000'' and inserting
``$75,000,000''; and
(B) by striking ``2024'' and inserting
``2028'';
(2) in subsection (f)(4) by striking ``2024'' and
inserting ``2028''; and
(3) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``water
quantity or water quality'' and
inserting ``water quantity,
water quality, or ecosystems'';
and
(II) by inserting ``the Lake
Erie Basin, the Ohio River
Basin,'' after ``the Upper
Snake River Basin,''; and
(ii) in subparagraph (B), by
inserting ``, hydrilla (Hydrilla
verticillata),'' after ``(Elaeagnus
angustifolia)''; and
(B) in paragraph (3)(D), by striking ``2024''
and inserting ``2028''.
(c) Harmful Algal Bloom Demonstration Program.--Section
128(c) of the Water Resources Development Act of 2020 (33
U.S.C. 610 note) is amended to read as follows:
``(c) Focus Areas.--In carrying out the demonstration program
under subsection (a), the Secretary shall undertake program
activities related to harmful algal blooms in--
``(1) the Great Lakes;
``(2) the tidal and inland waters of the State of New
Jersey, including Lake Hopatcong, New Jersey;
``(3) the coastal and tidal waters of the State of
Louisiana;
``(4) the waterways of the counties that comprise the
Sacramento-San Joaquin Delta, California;
``(5) the Allegheny Reservoir Watershed, New York;
``(6) Lake Okeechobee, Florida;
``(7) the Caloosahatchee and St. Lucie Rivers,
Florida;
``(8) Lake Sidney Lanier, Georgia;
``(9) Rio Grande River Basin, Colorado, New Mexico,
and Texas;
``(10) lakes and reservoirs in the State of Ohio;
``(11) the Upper Mississippi River and tributaries;
``(12) Detroit Lake, Oregon;
``(13) Ten Mile Lake, Oregon; and
``(14) the coastal waters of the United States Virgin
Islands.''.
(d) Update on Invasive Species Policy Guidance.--Section
501(b) of the Water Resources Development Act of 2020 (33
U.S.C. 610 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(3) the Sacramento-San Joaquin Delta,
California.''.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996
(110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended by
adding at the end the following:
``(18) Second harbor at New Madrid County Harbor,
Missouri.
``(19) Yabucoa Harbor, Puerto Rico.
``(20) Everett Harbor and Snohomish River, Boat
Launch Connector Channel, Washington.
``(21) Port Townsend, Boat Haven Marina Breakwater,
Washington.
``(22) Segment 1B of Houston Ship Channel, Texas.''.
SEC. 8307. PROJECT REAUTHORIZATIONS.
(a) In General.--
(1) New york harbor, new york and new jersey.--The
New York Harbor collection and removal of drift project
authorized by section 2 of the Act of March 4, 1915
(chapter 142, 38 Stat. 1051; 88 Stat. 39; 104 Stat.
4615), and deauthorized pursuant to section 6001 of the
Water Resources Reform and Development Act of 2014 (128
Stat. 1345), is authorized to be carried out by the
Secretary.
(2) Rio nigua, salinas, puerto rico.--The project for
flood control, Rio Nigua, Salinas, Puerto Rico,
authorized by section 101 of the Water Resources
Development Act of 1999 (113 Stat. 278), and
deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1345), is authorized to be carried out by the
Secretary.
(3) Rio grande de loiza, puerto rico.--The project
for flood control, Rio Grande De Loiza, Puerto Rico,
authorized by section 101 of the Water Resources
Development Act of 1992 (106 Stat. 4803), and
deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1345), is authorized to be carried out by the
Secretary.
(b) Feasibility Studies.--The Secretary shall carry out, and
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of, a
feasibility study for each of the projects described in
subsection (a).
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT PROJECTS.
(a) In General.--In the case of a water resources development
project described in subsection (b), the Secretary shall--
(1) fund, at Federal expense, any incremental
increase in cost to the project that results from a
legal requirement to use a borrow source determined by
the Secretary to be other than the least-cost option;
and
(2) exclude the cost described in paragraph (1) from
the cost-benefit analysis for the project.
(b) Water Resources Development Project Described.--A water
resources development project referred to in subsection (a) is
any of the following:
(1) The Townsends Inlet to Cape May Inlet, New
Jersey, hurricane storm damage reduction, shore
protection, and ecosystem restoration project,
authorized by section 101(a)(26) of the Water Resources
Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline
protection project, authorized by section 501(a) of the
Water Resources Development Act of 1986 (100 Stat.
4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina,
coastal storm risk management project, authorized by
section 203 of the Flood Control Act of 1962 (76 Stat.
1182; 134 Stat. 2741).
(4) The Wrightsville Beach, North Carolina, coastal
storm risk management project, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1182;
134 Stat. 2741).
(c) Savings Provision.--Nothing in this section limits the
eligibility for, or availability of, Federal expenditures or
financial assistance for any water resources development
project, including any beach nourishment or renourishment
project, under any other provision of Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.
(a) Study of Flood Risk Management Activities.--
(1) In general.--Using funds made available to carry
out this section, the Secretary is authorized, at
Federal expense, to carry out a study to determine the
feasibility of a project for flood risk management and
related purposes in the Columbia River Basin and to
report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
with recommendations thereon, including recommendations
for a project to potentially reduce the reliance on
Canada for flood risk management in the basin.
(2) Coordination.--The Secretary shall carry out the
activities described in this subsection in coordination
with other Federal and State agencies and Indian
Tribes.
(b) Funds for Columbia River Treaty Obligations.--
(1) In general.--The Secretary is authorized to
expend funds appropriated for the purpose of satisfying
United States obligations under the Columbia River
Treaty to compensate Canada for operating Canadian
storage on behalf of the United States under such
treaty.
(2) Notification.--If the U.S. entity calls upon
Canada to operate Canadian reservoir storage for flood
risk management on behalf of the United States, which
operation may incur an obligation to compensate Canada
under the Columbia River Treaty--
(A) the Secretary shall submit to the
Committees on Transportation and Infrastructure
and Appropriations of the House of
Representatives and the Committees on
Environment and Public Works and Appropriations
of the Senate, by not later than 30 days after
the initiation of the call, a written notice of
the action and a justification, including a
description of the circumstances necessitating
the call;
(B) upon a determination by the United States
of the amount of compensation that shall be
paid to Canada, the Secretary shall submit to
the Committees on Transportation and
Infrastructure and Appropriations of the House
of Representatives and the Committees on
Environment and Public Works and Appropriations
of the Senate a written notice specifying such
amount and an explanation of how such amount
was derived, which notification shall not delay
or impede the flood risk management mission of
the U.S. entity; and
(C) the Secretary shall make no payment to
Canada for the call under the Columbia River
Treaty until such time as funds appropriated
for the purpose of compensating Canada under
such treaty are available.
(3) Definitions.--In this section:
(A) Columbia river basin.--The term
``Columbia River Basin'' means the entire
United States portion of the Columbia River
watershed.
(B) Columbia river treaty.--The term
``Columbia River Treaty'' means the treaty
relating to cooperative development of the
water resources of the Columbia River Basin,
signed at Washington January 17, 1961, and
entered into force September 16, 1964.
(C) U.S. entity.--The term ``U.S. entity''
means the entity designated by the United
States under Article XIV of the Columbia River
Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER BASIN.
The Secretary is authorized to evaluate hydrologic changes
affecting the agreement entitled ``Agreement Between the
Government of Canada and the Government of the United States of
America for Water Supply and Flood Control in the Souris River
Basin'', signed and entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986
(100 Stat. 4232; 110 Stat. 3719) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Subject to section
903(a) of this Act, the Secretary is authorized
and directed to undertake'' and inserting the
following:
``(b) Authorization.--The Secretary shall carry out''; and
(B) by striking ``canals'' and all that
follows through ``100 percent.'' and inserting
the following: ``channels attendant to the
operations of the community ditch and Acequia
systems in New Mexico that--
``(1) are declared to be a political subdivision of
the State; or
``(2) belong to an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).'';
(2) by redesignating subsection (c) as subsection
(f);
(3) by inserting after subsection (b) the following:
``(c) Inclusions.--The measures described in subsection (b)
shall, to the maximum extent practicable--
``(1) ensure greater resiliency of diversion
structures, including to flow variations, prolonged
drought conditions, invasive plant species, and threats
from changing hydrological and climatic conditions; or
``(2) support research, development, and training for
innovative management solutions, including those for
controlling invasive aquatic plants that affect
acequias.
``(d) Cost Sharing.--The non-Federal share of the cost of
carrying out the measures described in subsection (b),
including study costs, shall be 25 percent, except that in the
case of a measure benefitting an economically disadvantaged
community (as defined by the Secretary under section 160 of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities located in
urban and rural areas, the Federal share of the cost of
carrying out such measure shall be 90 percent.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the measures described in
subsection (b) $80,000,000.''; and
(4) in subsection (f) (as so redesignated)--
(A) in the first sentence--
(i) by striking ``(f) The Secretary
is further authorized and directed to''
and inserting the following:
``(f) Public Entity Status.--
``(1) In general.--The Secretary shall''; and
(ii) by inserting ``or belong to an
Indian Tribe within the State of New
Mexico'' after ``that State''; and
(B) in the second sentence, by striking
``This public entity status will allow the
officials of these Acequia systems'' and
inserting the following:
``(2) Effect.--The public entity status provided
under paragraph (1) shall allow the officials of the
Acequia systems described in such paragraph''.
SEC. 8312. PORT OF NOME, ALASKA.
(a) In General.--The Secretary shall carry out the project
for navigation, Port of Nome, Alaska, authorized by section
401(1) of the Water Resources Development Act of 2020 (134
Stat. 2733).
(b) Cost Share.--
(1) In general.--The non-Federal interest for the
project described in subsection (a) shall pay 10
percent of the costs associated with the general
navigation features of the project during the period of
construction.
(2) Exception.--Section 101(a)(2) of the Water
Resources Development Act of 1986 (33 U.S.C.
2211(a)(2)) shall not apply to the project described in
subsection (a).
SEC. 8313. ST. GEORGE, ALASKA.
Notwithstanding the terms of the local cooperation agreement
between the Department of the Army and the City of St. George,
Alaska, dated December 23, 1988, the Secretary shall waive any
and all payments due and owing to the United States by the City
of St. George on or after the date of enactment this Act
resulting from the judgment filed on November 8, 1993, in the
United States Court of Federal Claims in J.E. McAmis, Inc. v.
United States, 90-315C, 91-1194C, and 91-1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.
Section 401(1) of the Water Resources Development Act of 2020
(134 Stat. 2734) is amended, in row 3 (relating to the project
for navigation, Unalaska (Dutch Harbor) Channels, Alaska), by
striking ``February 7, 2020'' and inserting ``October 2,
2020''.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL EROSION, AND
ICE AND GLACIAL DAMAGE, ALASKA.
(a) In General.--The Secretary shall establish a program to
carry out structural and nonstructural projects for storm
damage prevention and reduction, coastal erosion, and ice and
glacial damage in the State of Alaska, including--
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2),
the non-Federal share of the cost of a project carried
out under this section shall be in accordance with
sections 103 and 105 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213, 2215).
(2) Exception.--In the case of a project benefitting
an economically disadvantaged community (as defined by
the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities
located in urban and rural areas, the non-Federal share
of the cost of such project shall be 10 percent.
(c) Repeal.--Section 116 of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (123 Stat. 2851),
is repealed.
(d) Treatment.--The program authorized by subsection (a)
shall be considered a continuation of the program authorized by
section 116 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in
effect on the day before the date of enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.
(a) In General.--The Secretary shall set the ordinary high
water mark for water impounded behind the St. Francis Lake
Control Structure, authorized by the Act of May 15, 1928
(chapter 569, 45 Stat. 538; 79 Stat. 1077), at 208 feet mean
sea level.
(b) Operation by Project Manager.--In setting the ordinary
high water mark under subsection (a), the Secretary shall
ensure that the project manager for the St. Francis Lake
Control Structure may continue operating such structure in
accordance with the instructions set forth in the document
titled ``St. Francis Lake Control Structure Standing
Instructions to the Project Manager'' and published in January
1982 by the Corps of Engineers, Memphis District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND DENVER
COUNTIES, COLORADO.
(a) In General.--The Secretary shall expedite the completion
of a written agreement under section 204(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(d)) with the
non-Federal interest for the project for ecosystem restoration
and flood risk management, South Platte River and Tributaries,
Adams and Denver Counties, Colorado, authorized by section
401(4) of the Water Resources Development Act of 2020 (134
Stat. 2739).
(b) Reimbursement.--The written agreement described in
subsection (a) shall provide for reimbursement of the non-
Federal interest from funds in the allocation for the project
described in subsection (a) in the detailed spend plan
submitted for amounts appropriated under the heading
``department of the army--corps of engineers--civil--
construction'' in title III of division J of the Infrastructure
Investment and Jobs Act (135 Stat. 1359) if the Secretary
determines that funds in an amount sufficient to reimburse the
non-Federal interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.
Section 4017(d) of the Water Resources Development Act of
2007 (121 Stat. 1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in Los Angeles County, California.
(b) Form of Assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in Los Angeles
County, California, including projects for wastewater treatment
and related facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section to a non-Federal interest, the Secretary
shall enter into a partnership agreement under section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b) with the non-Federal interest with respect to the
project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a
project entered into under this subsection shall
provide for the following:
(A) Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation of the
project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
cost of a project under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of
grants or reimbursements of project
costs.
(B) Credit for interest.--In case of a delay
in the funding of the Federal share of a
project that is the subject of an agreement
under this section, the non-Federal interest
shall receive credit for reasonable interest
incurred in providing the non-Federal share of
the project cost.
(C) Credit for land, easements, and rights-
of-way.--Notwithstanding section 221(a)(4)(G)
of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements,
rights-of-way, and relocations toward the non-
Federal share of project cost (including all
reasonable costs associated with obtaining
permits necessary for the construction,
operation, and maintenance of the project on
publicly owned or controlled land), but the
credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10
percent of the amounts made available to carry out this
section may be used by the Corps of Engineers district
offices to administer projects under this section at
Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS ANGELES
COUNTY DRAINAGE AREA, CALIFORNIA.
(a) In General.--The portion of the project for flood risk
management, Los Angeles County Drainage Area, California,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647;
64 Stat. 177; 104 Stat. 4611), consisting of the debris basins
described in subsection (b), is no longer authorized beginning
on the date that is 18 months after the date of enactment of
this Act.
(b) Debris Basins Described.--The debris basins referred to
in subsection (a) are the following debris basins operated and
maintained by the Los Angeles County Flood Control District, as
generally defined in Corps of Engineers operations and
maintenance manuals as may be further described in an agreement
entered into under subsection (c): Auburn Debris Basin, Bailey
Debris Basin, Big Dalton Debris Basin, Blanchard Canyon Debris
Basin, Blue Gum Canyon Debris Basin, Brand Canyon Debris Basin,
Carter Debris Basin, Childs Canyon Debris Basin, Dunsmuir
Canyon Debris Basin, Eagle Canyon Debris Basin, Eaton Wash
Debris Basin, Elmwood Canyon Debris Basin, Emerald East Debris
Basin, Emerald West Debris Retention Inlet, Hay Debris Basin,
Hillcrest Debris Basin, La Tuna Canyon Debris Basin, Little
Dalton Debris Basin, Live Oak Debris Retention Inlet, Lopez
Debris Retention Inlet, Lower Sunset Canyon Debris Basin,
Marshall Canyon Debris Retention Inlet, Santa Anita Debris
Basin, Sawpit Debris Basin, Schoolhouse Canyon Debris Basin,
Shields Canyon Debris Basin, Sierra Madre Villa Debris Basin,
Snover Canyon Debris Basin, Stough Canyon Debris Basin, Wilson
Canyon Debris Basin, and Winery Canyon Debris Basin.
(c) Agreement.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall seek to enter into
an agreement with the Los Angeles County Flood Control District
to ensure that the Los Angeles County Flood Control District--
(1) operates, maintains, repairs, and rehabilitates,
and replaces as necessary, the debris basins described
in subsection (b)--
(A) in perpetuity at no cost to the United
States; and
(B) in a manner that ensures that the
quantity and concentration of stormwater
inflows from such debris basins does not reduce
the level of flood protection of the project
described in subsection (a);
(2) retains public ownership of, and compatible uses
for, all real property required for the continued
functioning of the debris basins described in
subsection (b), consistent with authorized purposes of
the project described in subsection (a);
(3) allows the Corps of Engineers to continue to
operate, maintain, rehabilitate, repair, and replace
appurtenant structures, such as rain and stream gages,
located within the debris basins subject to
deauthorization under subsection (a) as necessary to
ensure the continued functioning of the project
described in subsection (a); and
(4) holds and saves the United States harmless from
damages due to overtopping, breach, failure, operation,
or maintenance of the debris basins described in
subsection (b).
(d) Administrative Costs.--The Secretary may accept and
expend funds voluntarily contributed by the Los Angeles County
Flood Control District to cover the administrative costs
incurred by the Secretary to--
(1) enter into an agreement under subsection (c); and
(2) monitor compliance with such agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.
Section 103 of title I of appendix B of Public Law 106-377
(114 Stat. 1441A-65) (relating to the project for flood
control, environmental restoration, and recreation, Murrieta
Creek, California), is amended--
(1) by striking ``$89,850,000'' and inserting
``$277,194,000'';
(2) by striking ``$57,735,000'' and inserting
``$180,176,100''; and
(3) by striking ``$32,115,000'' and inserting
``$97,017,900''.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.
The portion of the project for flood protection in the
Sacramento River Basin, authorized by section 2 of the Act of
March 1, 1917 (chapter 144, 39 Stat. 949; 68 Stat. 1264; 110
Stat. 3662; 113 Stat. 319), consisting of the portion of the
American River North Levee, upstream of Arden Way, from G.P.S.
coordinate 38.600948N 121.330599W to 38.592261N 121.334155W, is
no longer authorized beginning on the date of enactment of this
Act.
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.
(a) In General.--The project for flood control and
navigation, San Diego River and Mission Bay, San Diego County,
California, authorized by the Act of July 24, 1946 (chapter
595, 60 Stat. 636; 134 Stat. 2705), is modified to change the
authorized conveyance capacity of the project to a level
determined appropriate by the Secretary based on the actual
capacity of the project, which level may be further modified by
the Secretary as necessary to account for sea level rise.
(b) Operation and Maintenance Manual.--
(1) In general.--The non-Federal sponsor for the
project described in subsection (a) shall prepare for
review and approval by the Secretary a revised
operation and maintenance manual for the project to
implement the modification described in subsection (a).
(2) Funding.--The non-Federal sponsor shall provide
to the Secretary funds sufficient to cover the costs
incurred by the Secretary to review and approve the
manual described in paragraph (1), and the Secretary
may accept and expend such funds in the performance of
such review and approval.
(c) Emergency Repair and Restoration Assistance.--Upon
approval by the Secretary of the revised operation and
maintenance manual required under subsection (b), and subject
to compliance by the non-Federal sponsor with the requirements
of such manual and with any other eligibility requirement
established by the Secretary, the project described in
subsection (a) shall be considered for assistance under section
5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA BASIN,
CALIFORNIA.
Section 111 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (Public Law 106-554, appendix D, 114
Stat. 2763A-224 (as enacted by section 1(a)(4) of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121
Stat. 1209), is amended--
(1) in subsection (a), by inserting ``and volatile
organic compounds'' after ``perchlorates''; and
(2) in subsection (b)(3), by inserting ``and volatile
organic compounds'' after ``perchlorates''.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.
(a) Technical Amendment.--Section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (134 Stat. 2675) is amended
by striking ``ocean shoreline'' and inserting ``bay and ocean
shorelines''.
(b) Implementation.--In carrying out a study under section
142 of the Water Resources Development Act of 1976 (90 Stat.
2930; 100 Stat. 4158), pursuant to section 203(a)(1)(A) of the
Water Resources Development Act of 2020 (as amended by this
section), the Secretary shall not differentiate between damages
related to high tide flooding and coastal storm flooding for
the purposes of determining the Federal interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.
(a) In General.--Except for funds required for a betterment
or for a locally preferred plan, the Secretary shall not
require the non-Federal interest for the project for flood risk
management, ecosystem restoration, and recreation, South San
Francisco Bay Shoreline, California, authorized by section
1401(6) of the Water Resources Development Act of 2016 (130
Stat. 1714), to contribute funds under an agreement entered
into prior to the date of enactment of this Act in excess of
the total cash contribution required from the non-Federal
interest for the project under section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(b) Requirement.--The Secretary shall not, at any time,
defer, suspend, or terminate construction of the project
described in subsection (a) solely on the basis of a
determination by the Secretary that an additional appropriation
is required to cover the Federal share of the cost to complete
construction of the project, if Federal funds, in an amount
determined by the Secretary to be sufficient to continue
construction of the project, remain available in the allocation
for the project under the Long-Term Disaster Recovery
Investment Plan for amounts appropriated under the heading
``corps of engineers--civil--department of the army--
construction'' in title IV of subdivision 1 of division B of
the Bipartisan Budget Act of 2018 (Public Law 115-123; 132
Stat. 76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
(a) Delaware Beneficial Use of Dredged Material for the
Delaware River, Delaware.--
(1) In general.--At the request of the non-Federal
interest for the project for hurricane and storm damage
risk reduction, Delaware Beneficial Use of Dredged
Material for the Delaware River, Delaware, authorized
by section 401(3) of the Water Resources Development
Act of 2020 (134 Stat. 2736) (referred to in this
subsection as the ``project''), the Secretary shall
implement the project using borrow sources that are
alternatives to the Delaware River, Philadelphia to the
Sea, project, Delaware, New Jersey, Pennsylvania,
authorized by the Act of June 25, 1910 (chapter 382, 36
Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 Stat. 14; 68
Stat. 1249; 72 Stat. 297).
(2) Interim authority.--Until the Secretary
implements the modification under paragraph (1), the
Secretary is authorized, at the request of a non-
Federal interest, to carry out initial construction or
periodic nourishments at any site included in the
project under--
(A) section 1122 of the Water Resources
Development Act of 2016 (33 U.S.C. 2326 note);
or
(B) section 204(d) of the Water Resources
Development Act of 1992 (33 U.S.C. 2326(d)).
(3) Cost share.--The Federal share of the cost to
construct and periodically nourish the project,
including the cost of any modifications carried out
under paragraph (1) and the incremental cost of any
placements carried out under paragraph (2)(B), shall be
90 percent.
(b) Delaware Emergency Shore Restoration.--
(1) In general.--The Secretary is authorized to
repair or restore a federally authorized hurricane and
storm damage reduction structure or project or a public
beach located in the State of Delaware pursuant to
section 5(a) of the Act of August 18, 1941 (33 U.S.C.
701n(a)), if--
(A) the structure, project, or public beach
is damaged by wind, wave, or water action
associated with a Nor'easter; and
(B) the Secretary determines that the damage
prevents--
(i) in the case of a structure or
project, the adequate functioning of
the structure or project for the
authorized purposes of the structure or
project; or
(ii) in the case of a public beach,
the adequate functioning of the beach
as a natural barrier to inundation,
wave attack, or erosion coinciding with
hurricanes, coastal storms, or
Nor'easters.
(2) Justification.--The Secretary may carry out a
repair or restoration activity under paragraph (1)
without the need to demonstrate that the activity is
justified solely by national economic development
benefits if--
(A) the Secretary determines that--
(i) such activity is necessary to
restore the adequate functioning of the
structure, project, or public beach for
the purposes described in paragraph
(1)(B), as applicable; and
(ii) such activity is warranted to
protect against loss to life or
property of the community protected by
the structure, project, or public
beach; and
(B) in the case of a public beach, the non-
Federal interest agrees to participate in, and
comply with, applicable Federal floodplain
management and flood insurance programs.
(3) Prioritization.--Repair or restoration activities
carried out by the Secretary under paragraph (2) shall
be given equal budgetary consideration and priority as
activities justified solely by national economic
development benefits.
(4) Limitations.--An activity carried out under
paragraph (1) for a public beach shall not--
(A) repair or restore the beach beyond its
natural profile; or
(B) be considered initial construction of the
hurricane and storm damage reduction project.
(5) Savings provision.--The authority provided by
this subsection shall be in addition to any authority
provided by section 5(a) of the Act of August 18, 1941
(33 U.S.C. 701n(a)) to repair or restore federally
authorized hurricane or shore protective structure or
project located in the State of Delaware damaged or
destroyed by wind, wave, or water action of other than
an ordinary nature.
(6) Sunset.--The authority of the Secretary to carry
out an activity under paragraph (1) for a public beach
shall expire on the date that is 10 years after the
date of enactment of this Act.
(7) Definitions.--In this subsection:
(A) Nor'easter.--The term ``Nor'easter''
means a synoptic-scale, extratropical cyclone
in the western North Atlantic Ocean.
(B) Public beach.--The term ``public beach''
means a beach within the geographic boundary of
an unconstructed federally authorized hurricane
and storm damage reduction project that is--
(i) a publicly owned beach; or
(ii) a privately owned beach that is
available for public use, including the
availability of reasonable public
access, in accordance with Engineer
Regulation 1165-2-130, published by the
Corps of Engineers, dated June 15,
1989.
(c) Indian River Inlet and Bay, Delaware.--
(1) In general.--In carrying out major maintenance of
the project for navigation, Indian River Inlet and Bay,
Delaware, authorized by the first section of the Act of
August 26, 1937 (chapter 832, 50 Stat. 846; 59 Stat.
14), the Secretary shall repair, restore, or relocate
any non-Federal public recreation facility that has
been damaged, in whole or in part, by the deterioration
or failure of the project.
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $10,000,000.
(d) Indian River Inlet Sand Bypass Plant, Delaware.--
(1) In general.--The project for hurricane-flood
protection and beach erosion control at Indian River
Inlet, Delaware, commonly known as the ``Indian River
Inlet Sand Bypass Plant'', authorized by section 869 of
the Water Resources Development Act of 1986 (100 Stat.
4182), is modified to authorize the Secretary, at the
request of a non-Federal interest, to provide periodic
nourishment through dedicated dredging or other means
to maintain or restore the functioning of such project
when--
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is
insufficient to maintain the functioning of the
project.
(2) Cost share.--The non-Federal share of the cost of
a cycle of periodic nourishment provided pursuant to
paragraph (1) shall be the same percentage as the non-
Federal share of the cost to operate the sand bypass
plant.
(e) Reprogramming for Coastal Storm Risk Management Project
at Indian River Inlet.--
(1) In general.--For each fiscal year, the Secretary
may reprogram amounts made available for any coastal
storm risk management project to use such amounts for
the project for hurricane-flood protection and beach
erosion control at Indian River Inlet, Delaware,
commonly known as the ``Indian River Inlet Sand Bypass
Plant'', authorized by section 869 of the Water
Resources Development Act of 1986 (100 Stat. 4182).
(2) Limitations.--
(A) In general.--The Secretary may carry out
not more than 2 reprogramming actions under
paragraph (1) for each fiscal year.
(B) Amount.--For each fiscal year, the
Secretary may reprogram--
(i) not more than $100,000 per
reprogramming action; and
(ii) not more than $200,000 for each
fiscal year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN FLORIDA.
The portions of the project for flood control and other
purposes, Central and Southern Florida, authorized by section
203 of the Flood Control Act of 1948 (62 Stat. 1176),
consisting of the southernmost 3.5-mile reach of the L-73
levee, Section 2, Osceola County Florida, are no longer
authorized beginning on the date of enactment of this Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.
The portion of the project for navigation, Little Pass,
Clearwater Bay, Florida, authorized by section 101 of the River
and Harbor Act of 1960 (74 Stat. 481), beginning with the most
westerly 1,000 linear feet of the channel encompassing all of
Cut H, to include the turning basin, is no longer authorized
beginning on the date of enactment of this Act.
SEC. 8330. COMPREHENSIVE EVERGLADES RESTORATION PLAN, FLORIDA.
(a) In General.--Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132
Stat. 3786) is amended--
(1) in subparagraph (D), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)''; and
(2) in subparagraph (E)--
(A) in clause (i), in the matter preceding
subclause (I), by striking ``during each 5-year
period, beginning with commencement of design
of the Plan'' and inserting ``during each
period of 5 fiscal years, beginning on October
1, 2022'';
(B) in clause (ii), by inserting ``for each
project in the Plan'' before the period at the
end; and
(C) by adding at the end the following:
``(iii) Accounting.--Not later than
90 days after the end of each fiscal
year, the Secretary shall provide to
the non-Federal sponsor a financial
accounting of non-Federal contributions
under clause (i)(I) for such fiscal
year.
``(iv) Limitation.--In the case of an
authorized project for which a project
partnership agreement has not been
executed and for which there is an
agreement under subparagraph
(B)(i)(III), the Secretary--
``(I) shall consider all
expenditures and obligations
incurred by the non-Federal
sponsor for land and in-kind
services for the project in
determining the amount of any
cash contribution required from
the non-Federal sponsor to
satisfy the cost-share
requirements of this
subsection; and
``(II) may only require any
such cash contribution to be
made at the end of each period
of 5 fiscal years under clause
(i).''.
(b) Update.--The Secretary and the non-Federal interest shall
revise the Master Agreement for the Comprehensive Everglades
Restoration Plan, executed in 2009 pursuant to section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680),
to reflect the amendment made by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.
Beginning on the date of enactment of this Act, the project
for navigation, Palm Beach Harbor, Florida, for which
assumption of maintenance was authorized by section 202 of the
Water Resources Development Act of 1986 (100 Stat. 4093), is
modified to deauthorize the portion of the project, known as
the Northern Turning Basin, consisting of an approximate
209,218-square foot area (4.803 acres) of the Federal northern
turning basin within Palm Beach Harbor, starting at a point
with coordinates N887149.6299, E965813.7673; thence running
N4605'59''E for 106.07 feet to a point with coordinates
N887223.1767, E965890.1929; thence running S8854'01''E for
393.00 feet to a point with coordinates N887215.6342,
E966283.1205; thence running S3248'37''E for 433.78 feet to a
point with coordinates N886851.0560, E966518.1668; thence
running N8854'01''W for 710.00 feet to a point with
coordinates N886864.6824, E965808.2975; thence running
N0105'59''E for 285.00 feet to the point of origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.
Section 1401(1) of the Water Resources Development Act of
2016 (130 Stat. 1709) is amended, in row 4 (relating to the
project for navigation, Port Everglades, Florida)--
(1) by striking ``$229,770,000'' and inserting
``$529,700,000'';
(2) by striking ``$107,233,000'' and inserting
``$247,209,000''; and
(3) by striking ``$337,003,000'' and inserting
``$776,909,000''.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.
Section 528(f)(1)(J) of the Water Resources Development Act
of 1996 (110 Stat. 3771) is amended by striking ``2
representatives of the State of Florida,'' and inserting ``3
representatives of the State of Florida, including at least 1
representative of the Florida Department of Environmental
Protection and 1 representative of the Florida Fish and
Wildlife Conservation Commission,''.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND SOUTH CAROLINA.
Section 1319(c) of the Water Resources Development Act of
2016 (130 Stat. 1704) is amended by striking paragraph (2) and
inserting the following:
``(2) Cost share.--
``(A) In general.--The costs of construction
of a Project feature constructed pursuant to
paragraph (1) shall be determined in accordance
with section 101(a)(1)(B) of the Water
Resources Development Act of 1986 (33 U.S.C.
2211(a)(1)(B)).
``(B) Savings provision.--Any increase in
costs for the Project due to the construction
of a Project feature constructed pursuant to
paragraph (1) shall not be included in the
total project cost for purposes of section 902
of the Water Resources Development Act of 1986
(33 U.S.C. 2280).''.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.
Section 3057 of the Water Resources Development Act of 2007
(121 Stat. 1120) is amended--
(1) in subsection (a)(2), by striking ``$9,000,000''
and inserting ``$40,000,000''; and
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting
the following:
``(1) Planning, design, and reconstruction costs.--
The Federal share of planning, design, and
reconstruction costs for a project under this section,
including any work associated with bridges, shall be 90
percent.''; and
(B) by adding at the end the following:
``(3) In-kind contributions.--The non-Federal
interest may provide and receive credit for in-kind
contributions for a project carried out under this
section, consistent with section 221(a)(4) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)).
``(4) Cash contribution not applicable.--The
requirement under section 103(a)(1)(A) of the Water
Resources Development Act of 1986 (33 U.S.C.
2213(a)(1)(A)) for a non-Federal interest to provide 5
percent of the cost of a project carried out under this
section shall not apply with respect to the project.
``(5) Payment options.--At the request of the non-
Federal interest for a project carried out under this
section and subject to available funding, the non-
Federal contribution for construction of the project
shall be financed in accordance with the provisions of
section 103(k) of the Water Resources Development Act
of 1986 (33 U.S.C. 2213(k)) over a period of thirty
years from the date of completion of the project.''.
SEC. 8336. CHICAGO SHORELINE PROTECTION.
The project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois,
to the Illinois-Indiana State line, authorized by section
101(a)(12) of the Water Resources Development Act of 1996 (110
Stat. 3664), is modified to authorize the Secretary to provide
65 percent of the cost of the locally preferred plan, as
described in the Report of the Chief of Engineers, dated April
14, 1994, for the construction of the following segments of the
project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC. 8337. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT,
BRANDON ROAD, WILL COUNTY, ILLINOIS.
(a) In General.--Section 402(a)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2742) is amended by striking
``80 percent'' and inserting ``90 percent''.
(b) Local Cooperation Requirements.--At the request of the
applicable non-Federal interests for the project for ecosystem
restoration, Great Lakes and Mississippi River Interbasin
project, Brandon Road, Will County, Illinois, authorized by
section 401(a)(5) of the Water Resources Development Act of
2020 (134 Stat. 2740), the Secretary shall not require such
non-Federal interests to be jointly and severally liable for
all non-Federal obligations in the project partnership
agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL, IOWA.
(a) Project Modifications.--The project for flood control and
other purposes, Red Rock Dam and Lake, Des Moines River, Iowa
(referred to in this section as the ``Red Rock Dam Project''),
authorized by section 10 of the Act of December 22, 1944
(chapter 665, 58 Stat. 896), and the project for local flood
protection, Des Moines Local Flood Protection, Des Moines
River, Iowa (referred to in this section as ``Flood Protection
Project''), authorized by such section, shall be modified as
follows, subject to a new or amended agreement between the
Secretary and the non-Federal interest for the Flood Protection
Project, the City of Des Moines, Iowa (referred to in this
section as the ``City''), in accordance with section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b):
(1) That portion of the Red Rock Dam Project
consisting of the segment of levee from Station
15+88.8W to Station 77+43.7W shall be transferred to
the Flood Protection Project.
(2) The relocated levee improvement constructed by
the City, from Station 77+43.7W to approximately
Station 20+00, shall be included in the Flood
Protection Project.
(b) Federal Easement Conveyances.--
(1) In general.--The Secretary is authorized to
convey the following easements, acquired by the Federal
Government for the Red Rock Dam Project, to the City to
become part of the Flood Protection Project in
accordance with subsection (a):
(A) Easements identified as Tracts 3215E-1,
3235E, and 3227E.
(B) Easements identified as Partial Tracts
3216E-2, 3216E-3, 3217E-1, and 3217E-2.
(2) Additional conveyances authorized.--After
execution of a new or amended agreement pursuant to
subsection (a) and conveyance of the easements under
paragraph (1), the Secretary is authorized to convey
the following easements, by quitclaim deed, without
consideration, acquired by the Federal Government for
the Red Rock Dam project, to the City or to the Des
Moines Metropolitan Wastewater Reclamation Authority
and no longer required for the Red Rock Dam Project or
for the Des Moines Local Flood Protection Project:
(A) Easements identified as Tracts 3200E,
3202E-1, 3202E-2, 3202E-4, 3203E-2, 3215E-3,
3216E-1, and 3216E-5.
(B) Easements identified as Partial Tracts
3216E-2, 3216E-3, 3217E-1, and 3217E-2.
(3) Easement disposal process and fees.--All real
property interests conveyed under this subsection shall
be subject to the standard release of easement disposal
process. All administrative fees associated with the
transfer of the subject easements to the City or to the
Des Moines Metropolitan Wastewater Reclamation
Authority will be borne by the transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.
(a) In General.--The Secretary shall amend the contract
described in subsection (b) between the United States and the
City of El Dorado, Kansas, relating to storage space for water
supply, to change the method of calculation of the interest
charges that began accruing on June 30, 1991, on the investment
costs for the 72,087 acre-feet of future use storage space,
from compounding interest annually to charging simple interest
annually on the principal amount, until--
(1) the City of El Dorado informs the Secretary of
the desire to convert the future use storage space to
present use; and
(2) the principal amount plus the accumulated
interest becomes payable pursuant to the terms of the
contract.
(b) Contract Described.--The contract referred to in
subsection (a) is the contract between the United States and
the City of El Dorado, Kansas, for the use by the City of El
Dorado of storage space for water supply in El Dorado Lake,
Kansas, entered into on June 30, 1972, and titled Contract
DACW56-72-C-0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.
(a) In General.--In accordance with section 328 of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat.
1129), the Secretary shall resume operation, maintenance,
repair, rehabilitation, and replacement of the Algiers Canal
Levees, Louisiana, at full Federal expense.
(b) Technical Amendment.--Section 328(c) of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat.
1129) is amended by inserting ``described in subsection (b)''
after ``the project''.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.
The Federal share of the cost of the project for ecosystem
restoration, Mississippi River Gulf Outlet, Louisiana,
authorized by section 7013(a)(4) of the Water Resources
Development Act of 2007 (121 Stat. 1281), shall be 100 percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.
(a) In General.--The project being carried out under section
111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for
the mitigation of shore damages attributable to the project for
navigation, Camp Ellis, Saco, Maine, is modified as follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $45,000,000.
(2) The project may include Federal participation in
periodic nourishment.
(3) For purposes of subsection (b) of section 111 of
the River and Harbor Act of 1968 (33 U.S.C. 426i(b)),
the Secretary shall determine that the navigation works
to which the shore damages are attributable were
constructed at Federal expense.
(b) Conforming Amendment.--Section 3085 of the Water
Resources Development Act of 2007 (121 Stat. 1129), and the
item relating to such section in the table of contents for such
Act, are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
Section 213 of the Water Resources Development Act of 2020
(134 Stat. 2684) is amended by adding at the end the following:
``(j) Cost Share.--The Federal share of the cost of the
comprehensive study carried out under subsection (a), and any
feasibility study carried out under subsection (e), shall be
100 percent.''.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.
Section 2010 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by
adding at the end the following:
``(f) Limitation.--The Secretary shall not recommend
deauthorization of the Upper St. Anthony Falls Lock and Dam
pursuant to the disposition study carried out under subsection
(d) unless the Secretary identifies a willing and capable non-
Federal public entity to assume ownership of the Upper St.
Anthony Falls Lock and Dam.
``(g) Modification.--The Secretary is authorized to
investigate the feasibility of modifying, prior to
deauthorizing, the Upper St. Anthony Falls Lock and Dam to add
ecosystem restoration, including the prevention and control of
invasive species, water supply, and recreation as authorized
purposes.''.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.
Section 1103(e)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)(3)) is amended by striking
``$40,000,000'' and inserting ``$75,000,000''.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY.
(a) In General.--As part of the operation and maintenance of
the navigation channel projects on the Upper Mississippi River,
including all projects authorized for navigation of the
Mississippi River from the mouth of the Missouri River to
Minneapolis, authorized by the first section of the Act of July
3, 1930 (chapter 847, 46 Stat. 927; 49 Stat. 1034; 50 Stat.
848; 59 Stat. 19; 72 Stat. 298; 92 Stat. 1695; 95 Stat. 1634;
100 Stat. 4208; 100 Stat. 4213; 100 Stat. 4228; 102 Stat. 4027;
104 Stat. 4613; 106 Stat. 4806; 106 Stat. 4811; 110 Stat. 3716;
121 Stat. 1283; 128 Stat. 1270; 132 Stat. 3812; 134 Stat.
2704), and as part of the operation and maintenance of the
navigation channel projects on the Illinois River, Illinois
(also called the Illinois Waterway), authorized by the first
section of the Act of January 21, 1927 (chapter 47, 44 Stat.
1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat. 1036; 52 Stat. 805;
59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat. 735; 100
Stat. 4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351),
the Secretary is authorized to and shall carry out water level
management activities to help redress the degrading influences
of prolonged inundation or sedimentation from such projects,
and to improve the quality and quantity of habitat available
for fish and wildlife.
(b) Conditions on Drawdowns.--In carrying out subsection (a),
the Secretary shall carry out routine and systemic water level
drawdowns of the pools created by the locks and dams of the
projects described in subsection (a), including drawdowns
during the growing season, when--
(1) hydrologic conditions allow the Secretary to
carry out a drawdown within applicable dam operating
plans; or
(2) hydrologic conditions allow the Secretary to
carry out a drawdown and sufficient funds are available
to the Secretary to carry out any additional activities
that may be required to ensure that the drawdown does
not adversely affect navigation.
(c) Coordination and Notification.--
(1) Coordination.--The Secretary shall use existing
coordination and consultation processes to regularly
coordinate and consult with other relevant Federal
agencies and States regarding the planning and
assessment of water level management actions
implemented under this section.
(2) Notification and opportunity for comment.--Prior
to carrying out any activity under this section, the
Secretary shall provide to the public and to navigation
interests and other interested stakeholders notice and
an opportunity for comment on such activity.
(d) Report.--Not later than December 31, 2028, the Secretary
shall make publicly available (including on a publicly
available website) and submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes any activity
carried out under this section and the effects of such
activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.
As part of the authority of the Secretary to carry out the
project for flood damage reduction, bank stabilization, and
sediment and erosion control, Yazoo Basin, Mississippi Delta
Headwaters, Mississippi, authorized pursuant to the matter
under the heading ``enhancement of water resource benefits and
for emergency disaster work'' in title I of Public Law 98-8 (97
Stat. 22), the Secretary may carry out emergency maintenance
activities, as the Secretary determines to be necessary, for
features of the project completed before the date of enactment
of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE, MISSISSIPPI.
It is the sense of Congress that--
(1) there is significant shoreline sloughing and
erosion at the Okatibbee Lake portion of the project
for flood protection, Chunky Creek, Chickasawhay and
Pascagoula Rivers, Mississippi, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1183),
which has the potential to impact infrastructure,
damage property, and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a
project of the Secretary, including at a location
leased by non-Federal entities such as Okatibbee Lake,
is an activity that is eligible to be carried out by
the Secretary as part of the operation and maintenance
of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH
KANSAS LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES
AT KANSAS CITIES, MISSOURI AND KANSAS.
(a) In General.--The project for flood control, Kansas Citys
on Missouri and Kansas Rivers in Missouri and Kansas,
authorized by section 5 of the Act of June 22, 1936 Flood
Control Act of 1936 (chapter 688, 49 Stat. 1588; 58 Stat. 897;
121 Stat. 1054) is modified to direct the Secretary to--
(1) construct access manholes, or other features, in
the Fairfax portion of such project to allow for
regular inspection of project features if the Secretary
determines that such work is--
(A) not required as a result of improper
operation and maintenance of the project by the
nonFederal interest; and
(B) technically feasible and environmentally
acceptable; and
(2) plan, design, and carry out the construction
described in paragraph (1) as a continuation of the
construction of such project.
(b) Cost Sharing.--The Federal share of the cost of planning,
design, and construction of access manholes or other features
under this section shall be 90 percent.
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL EVALUATION
AND DEMONSTRATION PROJECTS.
(a) In General.--The Secretary is authorized to carry out
streambank erosion control evaluation and demonstration
projects in the Lower Missouri River through contracts with
non-Federal interests, including projects for streambank
protection and stabilization.
(b) Area.--The Secretary shall carry out demonstration
projects under this section on the reach of the Missouri River
between Sioux City, Iowa, and the confluence of the Missouri
River and the Mississippi River.
(c) Requirements.--In carrying out subsection (a), the
Secretary shall--
(1) conduct an evaluation of the extent of streambank
erosion on the Lower Missouri River; and
(2) develop new methods and techniques for streambank
protection, research soil stability, and identify the
causes of erosion.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the results of the
demonstration projects carried out under this section,
including any recommendations for methods to prevent and
correct streambank erosion.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $15,000,000, to
remain available until expended.
(f) Sunset.--The authority of the Secretary to enter into
contracts under subsection (a) shall expire on the date that is
5 years after the date of enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.
(a) In General.--Notwithstanding section 129 of the Water
Resources Development Act of 2020 (134 Stat. 2643), and subject
to subsection (b), the Secretary is authorized to carry out the
construction of an interception-rearing complex at each of
Plowboy Bend A (River Mile: 174.5 to 173.2) and Pelican Bend B
(River Mile: 15.8 to 13.4) on the Missouri River.
(b) Analysis and Mitigation of Risk.--
(1) Analysis.--Prior to construction of the
interception-rearing complexes under subsection (a),
the Secretary shall perform an analysis to identify
whether the interception-rearing complexes will--
(A) contribute to an increased risk of
flooding to adjacent lands and properties,
including local levees;
(B) affect the navigation channel, including
crossflows, velocity, channel depth, and
channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent
private lands.
(2) Mitigation.--The Secretary may not construct an
interception-rearing complex under subsection (a) until
the Secretary successfully mitigates any effects
described in paragraph (1) with respect to such
interception-rearing complex.
(c) Report.--Not later than 1 year after completion of the
construction of the interception-rearing complexes under
subsection (a), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report describing the extent to which the
construction of such interception-rearing complexes affected
the population recovery of pallid sturgeon in the Missouri
River.
(d) Conforming Amendment.--Section 129(b) of the Water
Resources Development Act of 2020 (134 Stat. 2643) is amended
by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively, and inserting after paragraph (1) the
following:
``(2) submits the report required by section 318(c)
of the Water Resources Development Act of 2022;''.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS, IOWA,
AND NEBRASKA.
(a) Use of Other Funds.--
(1) In general.--Section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306) is amended by
adding at the end the following:
``(c) Use of Other Funds.--
``(1) In general.--The Secretary shall consult with
other Federal agencies to determine if lands or
interests in lands acquired by such other Federal
agencies--
``(A) meet the purposes of the Missouri River
Mitigation Project, Missouri, Kansas, Iowa, and
Nebraska, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100
Stat. 4143; 113 Stat. 306; 121 Stat. 1155); and
``(B) whether such lands are restricted by
such other Federal agencies from being applied
toward the total number of acres required under
subsection (a).
``(2) Application of lands.--Upon making a
determination under paragraph (1) that lands or
interests in lands acquired by a Federal agency meet
the purposes of the project described in paragraph
(1)(A) and that such lands are not otherwise
restricted, the Secretary shall apply the lands or
interests in lands acquired toward the total number of
acres required under subsection (a), regardless of the
source of the Federal funds used to acquire such lands
or interests in lands.
``(3) Savings provision.--Nothing in this subsection
authorizes any transfer of administrative jurisdiction
over any lands or interests in lands acquired by a
Federal agency that are applied toward the total number
of acres required under subsection (a) pursuant to this
subsection.''.
(2) Report required.--
(A) In general.--Not later than 180 days
after the enactment of this Act, the Secretary
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the Senate a
report identifying the lands or interests in
lands acquired with Federal funds that the
Secretary determines, pursuant to section
344(c)(1) of the Water Resources Development
Act of 1999, meet the purposes of the Missouri
River Mitigation Project, Missouri, Kansas,
Iowa, and Nebraska, authorized by section
601(a) of the Water Resources Development Act
of 1986 (100 Stat. 4143; 113 Stat. 306; 121
Stat. 1155).
(B) Contents.--The Secretary shall include in
the report submitted under subparagraph (A) a
justification for any lands or interests in
lands acquired with Federal funding that the
Secretary determines will not be applied toward
the total number of acres required under
section 334(a) of the Water Resources
Development Act of 1999 (113 Stat. 306).
(b) Flood Risk Management Benefits.--The project for
mitigation of fish and wildlife losses, Missouri River Bank
Stabilization and Navigation Project, Missouri, Kansas, Iowa,
and Nebraska, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4143; 113 Stat.
306; 121 Stat. 1155), is modified to authorize the Secretary to
consider incidental flood risk management benefits when
acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in northern Missouri.
(b) Form of Assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in northern
Missouri, including projects for wastewater treatment and
related facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section to a non-Federal interest, the Secretary
shall enter into a partnership agreement under section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b) with the non-Federal interest with respect to the
project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a
project entered into under this subsection shall
provide for the following:
(A) Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation of the
project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
cost of a project carried out under this
section--
(i) shall be 75 percent; and
(ii) may be provided in the form of
grants or reimbursements of project
costs.
(B) Credit for interest.--In case of a delay
in the funding of the Federal share of a
project that is the subject of a partnership
agreement under this section, the non-Federal
interest shall receive credit for reasonable
interest incurred in providing the non-Federal
share of the project cost.
(C) Credit for land, easements, and rights-
of-way.--Notwithstanding section 221(a)(4)(G)
of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements,
rights-of-way, and relocations toward the non-
Federal share of project cost (including all
reasonable costs associated with obtaining
permits necessary for the construction,
operation, and maintenance of the project on
publicly owned or controlled land), but such
credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $50,000,000 to carry out this section.
(2) Corps of engineers expenses.--Not more than 10
percent of the amounts made available to carry out this
section may be used by the Corps of Engineers district
offices to administer projects under this section at
Federal expense.
(f) Northern Missouri Defined.--In this section, the term
``northern Missouri'' means the counties of Buchanan, Marion,
Platte, and Clay, Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.
The project for flood control, Israel River, Lancaster, New
Hampshire, carried out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s), is no longer authorized beginning
on the date of enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO TO BELEN, NEW
MEXICO.
The non-Federal share of the cost of the project for flood
risk management, Middle Rio Grande, Bernalillo to Belen, New
Mexico, authorized by section 401(2) of the Water Resources
Development Act of 2020 (134 Stat. 2735), shall be 25 percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON-RARITAN ESTUARY, NEW YORK AND
NEW JERSEY.
(a) In General.--The Secretary may carry out additional
feasibility studies for the project ecosystem restoration,
Hudson-Raritan Estuary, New York and New Jersey, authorized by
section 401(5) of the Water Resources Development Act of 2020
(134 Stat. 2739), including an examination of measures and
alternatives at Baisley Pond Park and the Richmond Terrace
Wetlands.
(b) Treatment.--A feasibility study carried out under
subsection (a) shall be considered a continuation of the study
that formulated the project for ecosystem restoration, Hudson-
Raritan Estuary, New York and New Jersey, authorized by section
401(5) of the Water Resources Development Act of 2020 (134
Stat. 2740).
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.
Section 3132 of the Water Resources Development Act of 2007
(121 Stat. 1141) is amended by striking subsection (b) and
inserting the following:
``(b) Authorized Cost.--The Secretary is authorized to carry
out construction of projects under this section at a total cost
of $128,400,000, with the cost shared in accordance with
section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
``(c) Additional Feasibility Studies Authorized.--
``(1) In general.--The Secretary is authorized to
carry out feasibility studies for purposes of
recommending to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives
additional projects under this section.
``(2) Treatment.--An additional feasibility study
carried out under this subsection shall be considered a
continuation of the feasibility study that formulated
any project carried out under subsection (a).''.
SEC. 8358. COPAN LAKE, OKLAHOMA.
(a) In General.--The Secretary shall amend the contract
described in subsection (c) between the United States and the
Copan Public Works Authority, relating to the use of storage
space for water supply in Copan Lake, Oklahoma, to--
(1) release to the United States all rights of the
Copan Public Works Authority to utilize 4,750 acre-feet
of future use water storage space; and
(2) relieve the Copan Public Works Authority from all
financial obligations, to include the initial project
investment costs and the accumulated interest on unpaid
project investment costs, for the volume of water
storage space described in paragraph (1).
(b) Requirement.--During the 2-year period beginning on the
effective date of the contract amendment under subsection (a),
the Secretary shall--
(1) provide the City of Bartlesville, Oklahoma, with
the right of first refusal to contract for the
utilization of storage space for water supply for any
portion of the storage space that was released by the
Authority under subsection (a); and
(2) ensure that the City of Bartlesville, Oklahoma,
shall not pay more than 110 percent of the initial
project investment cost per acre-foot of storage for
the acre-feet of storage space sought under an
agreement under paragraph (1).
(c) Contract Described.--The contract referred to in
subsection (a) is the contract between the United States and
the Copan Public Works Authority for the use of storage space
for water supply in Copan Lake, Oklahoma, entered into on June
22, 1981, and titled Contract DACW56-81-C-0114.
SEC. 8359. SOUTHWESTERN OREGON.
(a) Establishment of Program.--The Secretary may establish a
program to provide environmental assistance to non-Federal
interests in southwestern Oregon.
(b) Form of Assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in southwestern
Oregon, including projects for wastewater treatment and related
facilities, water supply and related facilities, environmental
restoration, and surface water resource protection and
development.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project
is publicly owned.
(d) Partnership Agreements.--
(1) In general.--Before providing assistance under
this section to a non-Federal interest, the Secretary
shall enter into a partnership agreement under section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b) with the non-Federal interest with respect to the
project to be carried out with such assistance.
(2) Requirements.--Each partnership agreement for a
project entered into under this subsection shall
provide for the following:
(A) Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or resource
protection and development plan, including
appropriate engineering plans and
specifications.
(B) Establishment of such legal and
institutional structures as are necessary to
ensure the effective long-term operation of the
project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the
cost of a project carried out under this
section--
(i) shall be 75 percent; and
(ii) may be provided in the form of
grants or reimbursements of project
costs.
(B) Credit for interest.--In case of a delay
in the funding of the Federal share of a
project that is the subject of a partnership
agreement under this section, the non-Federal
interest shall receive credit for reasonable
interest incurred in providing the non-Federal
share of the project cost.
(C) Credit for land, easements, and rights-
of-way.--Notwithstanding section 221(a)(4)(G)
of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)(4)(G)), the non-Federal interest
shall receive credit for land, easements,
rights-of-way, and relocations toward the non-
Federal share of project cost (including all
reasonable costs associated with obtaining
permits necessary for the construction,
operation, and maintenance of the project on
publicly owned or controlled land), but such
credit may not exceed 25 percent of total
project costs.
(D) Operation and maintenance.--The non-
Federal share of operation and maintenance
costs for projects constructed with assistance
provided under this section shall be 100
percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $50,000,000 to carry out this section.
(2) Corps of engineers expense.--Not more than 10
percent of the amounts made available to carry out this
section may be used by the Corps of Engineers district
offices to administer projects under this section at
Federal expense.
(f) Southwestern Oregon Defined.--In this section, the term
``southwestern Oregon'' means the counties of Benton, Coos,
Curry, Douglas, Lane, Linn, and Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.
The Secretary shall not require the non-Federal interest for
the project for navigation, Yaquina River, Oregon, authorized
by the first section of the Act of March 4, 1913 (chapter 144,
37 Stat. 819), to--
(1) provide a floating plant to the United States for
use in maintaining the project; or
(2) provide funds in an amount determined by the
Secretary to be equivalent to the value of the floating
plant as a non-Federal contribution to the cost of
maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.
The project being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) for
ecosystem restoration, Lower Blackstone River, Rhode Island, is
modified as follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $15,000,000.
(2) If the Secretary includes in the project a
measure on Federal land under the jurisdiction of
another Federal agency, the Secretary may enter into an
agreement with such agency that grants permission for
the Secretary to--
(A) construct the measure on the land under
the jurisdiction of such agency; and
(B) operate and maintain the measure using
funds provided to the Secretary by the non-
Federal interest for the project.
(3) If the Secretary includes in the project a
measure for fish passage at a dam licensed for
hydropower, the Secretary shall include in the project
costs all costs for such measure, except that those
costs that are in excess of the costs to provide fish
passage at the dam if hydropower improvements were not
in place shall be at 100 percent non-Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.
The Secretary shall reimburse the non-Federal interest for
project for navigation, Charleston Harbor, South Carolina,
authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1708), for advanced funds
provided by the non-Federal interest for construction of the
project that exceed the non-Federal share of the cost of
construction of the project as soon as practicable after the
completion of each individual contract for the project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.
Notwithstanding subparagraph (C)(i) of section 221(a)(4) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)), the
non-Federal interest for the project for hurricane and storm
damage risk reduction, Colleton County, South Carolina,
authorized by section 1401(3) of the Water Resources
Development Act of 2016 (130 Stat. 1711), may receive credit
under subparagraph (A) of such section 221(a)(4) for the cost
of construction carried out before the date of enactment of
this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.
(a) In General.--Section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721) is amended by striking
``and Nonconnah Creek'' and inserting ``, Nonconnah Creek, and
Ensley''.
(b) Resumption of Maintenance.--The Secretary shall resume
operation and maintenance of Ensley levee system portion of the
project described in the modification made by subsection (a)
pursuant to the requirements of section 353(b)(1) of the Water
Resources Development Act of 2020 (134 Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.
Beginning on the date of enactment of this Act, the project
for navigation, Wolf River Harbor, Tennessee, authorized by
section 202 of the National Industrial Recovery Act (48 Stat.
201; 49 Stat. 1034; 72 Stat. 308), is modified to reduce, in
part, the authorized dimensions of the project, such that the
remaining authorized dimensions are as follows:
(1) A 250-foot-wide, 9-foot-depth channel with a
center line beginning at an approximate point of
35.139634, -90.062343 and extending approximately 1,300
feet to an approximate point of 35.142077, -90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a
center line beginning at an approximate point of
35.142077, -90.059107 and extending approximately 1,800
feet to an approximate point of 35.1467861, -90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a
center line beginning at an approximate point of
35.1467861, -90.057003 and extending approximately
5,550 feet to an approximate point of 35.160848, -
90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.
The Secretary is authorized to provide, pursuant to section
206 of the Flood Control Act of 1960 (33 U.S.C. 709a),
information and advice to non-Federal interests on the removal
of sediment obstructing inflow channels to the Addicks and
Barker Reservoirs, authorized pursuant to the project for
Buffalo Bayou and its tributaries, Texas, under section 3a of
the Act of August 11, 1939 (chapter 699, 53 Stat. 1414; 68
Stat. 1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.
The project for ecosystem restoration, North Padre Island,
Corpus Christi Bay, Texas, authorized under section 556 of the
Water Resources Development Act of 1999 (113 Stat. 353), shall
not be eligible for repair and restoration assistance under
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. NUECES COUNTY, TEXAS.
(a) In General.--Upon receipt of a written request from the
owner of land subject to a covered easement, the Secretary
shall, without consideration, release or otherwise convey the
covered easement to the holder of such easement, if the
Secretary determines that the covered easement is no longer
required for purposes of navigation.
(b) Survey To Obtain Legal Description.--The exact acreage
and legal description of any covered easements to be released
or otherwise conveyed under this section shall be determined by
a survey that is satisfactory to the Secretary.
(c) Costs.--An entity to which a release or conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental documentation costs, associated with the release
or conveyance.
(d) Additional Terms and Conditions.--The Secretary may
require that the release or conveyance of a covered easement
under this section be subject to such additional terms and
conditions as the Secretary determines necessary and
appropriate to protect the interests of the United States.
(e) Definition of Covered Easement.--In this subsection, the
term ``covered easement'' means an easement held by the United
States for purposes of navigation in Nueces County, Texas.
SEC. 8369. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.
Section 5146 of the Water Resources Development Act of 2007
(121 Stat. 1255) is amended by adding at the end the following:
``(c) Clarifications.--
``(1) In general.--At the request of the non-Federal
interest for the study of the Lake Champlain Canal
Aquatic Invasive Species Barrier carried out under
section 542 of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150; 134 Stat. 2652),
the Secretary shall scope the phase II portion of such
study to satisfy the feasibility determination under
subsection (a).
``(2) Dispersal barrier.--A dispersal barrier
constructed, maintained, or operated under this section
may include--
``(A) physical hydrologic separation;
``(B) nonstructural measures;
``(C) deployment of technologies; and
``(D) buffer zones.''.
SEC. 8370. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f-2 note) is amended by adding at the end the
following:
``(g) Special Rule.--Notwithstanding subsection (c), the non-
Federal share of the cost of the project for rehabilitation of
Waterbury Dam, Washington County, Vermont, under this section,
including the cost of any required study, shall be the same
share assigned to the non-Federal interest for the cost of
initial construction of the Waterbury Dam.''.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION, WASHINGTON.
In carrying out the project for ecosystem restoration, Puget
Sound, Washington, authorized by section 1401(4) of the Water
Resources Development Act of 2016 (130 Stat. 1713), the
Secretary shall consider the removal and replacement of the
Highway 101 causeway and bridges at the Duckabush River Estuary
site to be a project feature the costs of which are shared as
construction.
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
(a) In General.--The Federal share of the cost of the project
for flood control, Milton, West Virginia, authorized by section
580 of the Water Resources Development Act of 1996 (110 Stat.
3790; 114 Stat. 2612; 121 Stat. 1154), shall be 90 percent.
(b) Land, Easements, and Rights-of-Way.--For the project
described in subsection (a), the Secretary shall include in the
cost of the project, and credit toward the non-Federal share of
that cost, the value of land, easements, and rights-of-way
provided by the non-Federal interest for the project, including
the value of land, easements, and rights-of-way required for
the project that are owned or held by the non-Federal interest
or other non-Federal public body.
(c) Additional Eligibility.--Unless otherwise explicitly
prohibited in an Act making appropriations for the Corps of
Engineers, the project described in subsection (a) shall be
eligible for additional funding appropriated and deposited into
the ``corps of engineers--civil--construction'' account--
(1) without a new investment decision; and
(2) on the same terms as a project that is not the
project described in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.
(a) In General.--Section 571 of the Water Resources
Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134
Stat. 2719) is amended--
(1) in the section heading, by striking ``central''
and inserting ``northern'';
(2) by striking subsection (a) and inserting the
following:
``(a) Definition of Northern West Virginia.--In this section,
the term `northern West Virginia' means the counties of
Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire,
Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall,
Mineral, Morgan, Monongalia, Ohio, Pleasants, Preston,
Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Wetzel, and
Wood, West Virginia.'';
(3) in subsection (b), by striking ``central'' and
inserting ``northern'';
(4) in subsection (c), by striking ``central'' and
inserting ``northern''; and
(5) in subsection (h), by striking ``$100,000,000''
and inserting ``$120,000,000''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Water Resources Development Act of 1999 (113 Stat.
269) is amended by striking the item relating to section 571
and inserting the following:
``Sec. 571. Northern West Virginia.''.
SEC. 8374. SOUTHERN WEST VIRGINIA.
(a) In General.--Section 340 of the Water Resources
Development Act of 1992 (106 Stat. 4856) is amended--
(1) in the section heading, by striking
``environmental restoration infrastructure and resource
protection development pilot program'';
(2) by striking subsection (f) and inserting the
following:
``(f) Definition of Southern West Virginia.--In this section,
the term `southern West Virginia' means the counties of Boone,
Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier,
Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer,
Mingo, Monroe, Nicholas, Pendleton, Pocahontas, Putnam,
Raleigh, Roane, Summers, Wayne, Webster, Wirt, and Wyoming,
West Virginia.''; and
(3) in subsection (g), by striking ``$120,000,000''
and inserting ``$140,000,000''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Water Resources Development Act of 1992 (106 Stat.
4797) is amended by striking the item relating to section 340
and inserting the following:
``Sec. 340. Southern West Virginia.''.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1258) is amended by adding at the end the following:
``(274) Alabama.--$50,000,000 for water, wastewater,
and other environmental infrastructure in Alabama.
``(275) Chandler, arizona.--$18,750,000 for water and
wastewater infrastructure in the city of Chandler,
Arizona.
``(276) Pinal county, arizona.--$40,000,000 for water
and wastewater infrastructure in Pinal County, Arizona.
``(277) Tempe, arizona.--$37,500,000 for water and
wastewater infrastructure, including water reclamation
and groundwater recharge, for the City of Tempe,
Arizona.
``(278) Alameda county, california.--$20,000,000 for
environmental infrastructure, in Alameda County,
California.
``(279) Bell gardens, california.--$12,500,000 for
water and wastewater infrastructure, including water
recycling and water supply, in the city of Bell
Gardens, California.
``(280) Calimesa, california.--$3,500,000 for
stormwater management and water supply infrastructure,
including groundwater recharge and water recycling, in
the city of Calimesa, California.
``(281) Compton creek, california.--$6,165,000 for
stormwater management infrastructure in the vicinity of
Compton Creek, city of Compton, California.
``(282) Downey, california.--$100,000,000 for water
infrastructure, including water supply, in the city of
Downey, California.
``(283) East county, san diego county, california.--
$70,000,000 for water and wastewater infrastructure,
including water recycling and water supply, in East
County, San Diego County, California.
``(284) Eastern los angeles county, california.--
$25,000,000 for the planning, design, and construction
of water and wastewater infrastructure, including water
recycling and water supply, for the cities of Azusa,
Baldwin Park, Covina, Duarte, El Monte, Glendora,
Industry, Irwindale, La Puente, La Verne, Monrovia, San
Dimas, and West Covina, and for Avocado Heights,
Bassett, and Valinda, California.
``(285) Escondido creek, california.--$34,000,000 for
water and wastewater infrastructure, including
stormwater management, in the vicinity of Escondido
Creek, city of Escondido, California.
``(286) Fontana, california.--$16,000,000 for
stormwater management infrastructure in the city of
Fontana, California.
``(287) Healdsburg, california.--$23,500,000 for
water and wastewater infrastructure, including water
recycling and water supply, in the city of Healdsburg,
California.
``(288) Inland empire, california.--$60,000,000 for
water and wastewater infrastructure, including water
supply, in Riverside County and San Bernardino County,
California.
``(289) Lomita, california.--$4,716,600 for
stormwater management infrastructure in the city of
Lomita, California.
``(290) Marin county, california.--$28,000,000 for
water and wastewater infrastructure, including water
supply, in Marin County, California.
``(291) Maywood, california.--$10,000,000 for
wastewater infrastructure in the city of Maywood,
California.
``(292) Monterey peninsula, california.--$20,000,000
for water and wastewater infrastructure, and water
supply, on the Monterey Peninsula, California.
``(293) North richmond, california.--$45,000,000 for
water and wastewater infrastructure, including coastal
flooding resilience measures for such infrastructure,
in North Richmond, California.
``(294) Ontario, california.--$40,700,000 for water
and wastewater infrastructure, including water
recycling and water supply, in the city of Ontario,
California.
``(295) Paramount, california.--$20,000,000 for water
and wastewater infrastructure, including stormwater
management, in the city of Paramount, California.
``(296) Petaluma, california.--$13,700,000 for water
and wastewater infrastructure, including water
recycling, in the city of Petaluma, California.
``(297) Placer county, california.--$21,000,000 for
environmental infrastructure, in Placer County,
California.
``(298) Rialto, california.--$27,500,000 for
wastewater infrastructure in the city of Rialto,
California.
``(299) Rincon reservation, california.--$38,000,000
for water and wastewater infrastructure on the Rincon
Band of Luiseno Indians reservation, California.
``(300) Sacramento-san joaquin delta, california.--
$50,000,000 for water and wastewater infrastructure
(including stormwater management), water supply and
related facilities, environmental restoration, and
surface water protection and development, including
flooding resilience measures for such infrastructure,
in Contra Costa County, San Joaquin County, Solano
County, Sacramento County, and Yolo County, California.
``(301) San joaquin and stanislaus, california.--
$200,000,000 for water and wastewater infrastructure,
including stormwater management, and water supply, in
San Joaquin County and Stanislaus County, California.
``(302) Santa rosa, california.--$19,400,000 for
water and wastewater infrastructure, in the city of
Santa Rosa California.
``(303) Sierra madre, california.--$20,000,000 for
water and wastewater infrastructure, and water supply,
including earthquake resilience measures for such
infrastructure and water supply, in the city of Sierra
Madre, California.
``(304) Smith river, california.--$25,000,000 for
wastewater infrastructure in Howonquet Village and
Resort and Tolowa Dee-ni' Nation, Smith River,
California.
``(305) South san francisco, california.--
$270,000,000 for water and wastewater infrastructure,
including stormwater management and water recycling, at
the San Francisco International Airport, California.
``(306) Temecula, california.--$18,000,000 for
environmental infrastructure, in the city of Temecula,
California.
``(307) Torrance, california.--$100,000,000 for water
and wastewater infrastructure, including groundwater
recharge and water supply, in the city of Torrance,
California.
``(308) Western contra costa county, california.--
$15,000,000 for wastewater infrastructure in the cities
of Pinole, San Pablo, and Richmond, and in El Sobrante,
California.
``(309) Yolo county, california.--$6,000,000 for
environmental infrastructure, in Yolo County,
California.
``(310) Hebron, connecticut.--$3,700,000 for water
and wastewater infrastructure in the town of Hebron,
Connecticut.
``(311) New london, connecticut.--$16,000,000 for
wastewater infrastructure in the town of Bozrah and the
City of Norwich, Connecticut.
``(312) Windham, connecticut.--$18,000,000 for water
and wastewater infrastructure in the town of Windham,
Connecticut.
``(313) Kent, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater
management, water storage and treatment systems, and
environmental restoration, in Kent County, Delaware.
``(314) New castle, delaware.--$35,000,000 for water
and wastewater infrastructure, including stormwater
management, water storage and treatment systems, and
environmental restoration, in New Castle County,
Delaware.
``(315) Sussex, delaware.--$35,000,000 for water and
wastewater infrastructure, including stormwater
management, water storage and treatment systems, and
environmental restoration, in Sussex County, Delaware.
``(316) Washington, district of columbia.--$1,000,000
for water and wastewater infrastructure, including
stormwater management, in Washington, District of
Columbia.
``(317) Longboat key, florida.--$12,750,000 for water
and wastewater infrastructure in the town of Longboat
Key, Florida.
``(318) Martin, st. lucie, and palm beach counties,
florida.--$100,000,000 for water and wastewater
infrastructure, including stormwater management, to
improve water quality in the St. Lucie River, Indian
River Lagoon, and Lake Worth Lagoon in Martin County,
St. Lucie County, and Palm Beach County, Florida.
``(319) Polk county, florida.--$10,000,000 for
wastewater infrastructure, including stormwater
management, in Polk County, Florida.
``(320) Okeechobee county, florida.--$20,000,000 for
wastewater infrastructure in Okeechobee County,
Florida.
``(321) Orange county, florida.--$50,000,000 for
water and wastewater infrastructure, including water
reclamation and water supply, in Orange County,
Florida.
``(322) Georgia.--$75,000,000 for environmental
infrastructure in Baldwin County, Bartow County, Floyd
County, Haralson County, Jones County, Gilmer County,
Towns County, Warren County, Lamar County, Lowndes
County, Troup County, Madison County, Toombs County,
Dade County, Bulloch County, Gordon County, Walker
County, Dooly County, Butts County, Clarke County,
Crisp County, Newton County, Bibb County, Baker County,
Barrow County, Oglethorpe County, Peach County, Brooks
County, Carroll County, Worth County, Jenkins County,
Wheeler County, Calhoun County, Randolph County, Wilcox
County, Stewart County, Telfair County, Clinch County,
Hancock County, Ben Hill County, Jeff Davis County,
Chattooga County, Lanier County, Brantley County,
Charlton County, Tattnall County, Emanuel County,
Mitchell County, Turner County, Bacon County, Terrell
County, Macon County, Ware County, Bleckley County,
Colquitt County, Washington County, Berrien County,
Coffee County, Pulaski County, Cook County, Atkinson
County, Candler County, Taliaferro County, Evans
County, Johnson County, Irwin County, Dodge County,
Jefferson County, Appling County, Taylor County, Wayne
County, Clayton County, Decatur County, Schley County,
Sumter County, Early County, Webster County, Clay
County, Upson County, Long County, Twiggs County,
Dougherty County, Quitman County, Meriwether County,
Stephens County, Wilkinson County, Murray County,
Wilkes County, Elbert County, McDuffie County, Heard
County, Marion County, Talbot County, Laurens County,
Montgomery County, Echols County, Pierce County,
Richmond County, Chattahoochee County, Screven County,
Habersham County, Lincoln County, Burke County, Liberty
County, Tift County, Polk County, Glascock County,
Grady County, Jasper County, Banks County, Franklin
County, Whitfield County, Treutlen County, Crawford
County, and Hart County, Georgia.
``(323) Guam.--$10,000,000 for water and wastewater
infrastructure in Guam.
``(324) State of hawaii.--$75,000,000 for water and
wastewater infrastructure (including urban stormwater
conveyance), resource protection and development, water
supply, environmental restoration, and surface water
protection and development, in the State of Hawaii.
``(325) County of hawai`i, hawaii.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management, in the County of Hawai`i,
Hawaii.
``(326) Honolulu, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater
management, in the City and County of Honolulu, Hawaii.
``(327) Kaua`i, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater
management, in the County of Kaua`i, Hawaii.
``(328) Maui, hawaii.--$20,000,000 for water and
wastewater infrastructure, including stormwater
management, in the County of Maui, Hawaii.
``(329) Dixmoor, illinois.--$15,000,000 for water and
water supply infrastructure in the village of Dixmoor,
Illinois.
``(330) Forest park, illinois.--$10,000,000 for
wastewater infrastructure, including stormwater
management, in the village of Forest Park, Illinois.
``(331) Lemont, illinois.--$3,135,000 for water
infrastructure in the village of Lemont, Illinois.
``(332) Lockport, illinois.--$6,550,000 for
wastewater infrastructure, including stormwater
management, in the city of Lockport, Illinois.
``(333) Montgomery and christian counties,
illinois.--$30,000,000 for water and wastewater
infrastructure, including water supply, in Montgomery
County and Christian County, Illinois.
``(334) Will county, illinois.--$30,000,000 for water
and wastewater infrastructure, including stormwater
management, in Will County, Illinois.
``(335) Orleans parish, louisiana.--$100,000,000 for
water and wastewater infrastructure in Orleans Parish,
Louisiana.
``(336) Fitchburg, massachusetts.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management (including combined sewer
overflows), in the city of Fitchburg, Massachusetts.
``(337) Haverhill, massachusetts.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management (including combined sewer
overflows), in the city of Haverhill, Massachusetts.
``(338) Lawrence, massachusetts.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management (including combined sewer
overflows), in the city of Lawrence, Massachusetts.
``(339) Lowell, massachusetts.--$20,000,000 for water
and wastewater infrastructure, including stormwater
management (including combined sewer overflows), in the
city of Lowell, Massachusetts.
``(340) Methuen, massachusetts.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management (including combined sewer
overflows), in the city of Methuen, Massachusetts.
``(341) Maryland.--$100,000,000 for water,
wastewater, and other environmental infrastructure,
Maryland.
``(342) Boonsboro, maryland.--$5,000,000 for water
infrastructure, including water supply, in the town of
Boonsboro, Maryland.
``(343) Brunswick, maryland.--$15,000,000 for water
and wastewater infrastructure in the city of Brunswick,
Maryland.
``(344) Cascade charter township, michigan.--
$7,200,000 for water and wastewater infrastructure in
Cascade Charter Township, Michigan.
``(345) Macomb county, michigan.--$40,000,000 for
wastewater infrastructure, including stormwater
management, in Macomb County, Michigan.
``(346) Northfield, minnesota.--$33,450,000 for water
and wastewater infrastructure in the city of
Northfield, Minnesota.
``(347) Centertown, missouri.--$15,900,000 for water
and wastewater infrastructure in the village of
Centertown, Missouri.
``(348) City of st. louis, missouri.--$45,000,000 for
water and wastewater infrastructure in the city of St.
Louis, Missouri.
``(349) St. louis county, missouri.--$45,000,000 for
water and wastewater infrastructure in St. Louis
County, Missouri.
``(350) Clinton, mississippi.--$13,600,000 for
environmental infrastructure, including water and
wastewater infrastructure (including stormwater
management), drainage systems, and water quality
enhancement, in the city of Clinton, Mississippi.
``(351) Madison county, mississippi.--$10,000,000 for
environmental infrastructure, including water and
wastewater infrastructure (including stormwater
management), drainage systems, and water quality
enhancement, in Madison County, Mississippi.
``(352) Meridian, mississippi.--$10,000,000 for
environmental infrastructure, including water and
wastewater infrastructure (including stormwater
management), drainage systems, and water quality
enhancement, in the city of Meridian, Mississippi.
``(353) Oxford, mississippi.--$10,000,000 for
environmental infrastructure, including water and
wastewater infrastructure (including stormwater
management), drainage systems, and water quality
enhancement, in the City of Oxford, Mississippi.
``(354) Rankin county, mississippi.--$10,000,000 for
environmental infrastructure, including water and
wastewater infrastructure (including stormwater
management), drainage systems, and water quality
enhancement, in Rankin County, Mississippi.
``(355) Manchester, new hampshire.--$20,000,000 for
water and wastewater infrastructure, including
stormwater management (including combined sewer
overflows), in the city of Manchester, New Hampshire.
``(356) Bayonne, new jersey.--$825,000 for wastewater
infrastructure, including stormwater management
(including combined sewer overflows), in the city of
Bayonne, New Jersey.
``(357) Camden, new jersey.--$119,000,000 for
wastewater infrastructure, including stormwater
management, in the city of Camden, New Jersey.
``(358) Essex and sussex counties, new jersey.--
$60,000,000 for water and wastewater infrastructure,
including water supply, in Essex County and Sussex
County, New Jersey.
``(359) Flemington, new jersey.--$4,500,000 for water
and wastewater infrastructure, including water supply,
in the Borough of Flemington, New Jersey.
``(360) Jefferson, new jersey.--$90,000,000 for
wastewater infrastructure, including stormwater
management, in Jefferson Township, New Jersey.
``(361) Kearny, new jersey.--$69,900,000 for
wastewater infrastructure, including stormwater
management (including combined sewer overflows), in the
town of Kearny, New Jersey.
``(362) Long hill, new jersey.--$7,500,000 for
wastewater infrastructure, including stormwater
management, in Long Hill Township, New Jersey.
``(363) Morris county, new jersey.--$30,000,000 for
water and wastewater infrastructure in Morris County,
New Jersey.
``(364) Passaic, new jersey.--$1,000,000 for
wastewater infrastructure, including stormwater
management, in Passaic County, New Jersey.
``(365) Phillipsburg, new jersey.--$2,600,000 for
wastewater infrastructure, including stormwater
management, in the town of Phillipsburg, New Jersey.
``(366) Rahway, new jersey.--$3,250,000 for water and
wastewater infrastructure in the city of Rahway, New
Jersey.
``(367) Roselle, new jersey.--$5,000,000 for
wastewater infrastructure, including stormwater
management, in the Borough of Roselle, New Jersey.
``(368) South orange village, new jersey.--$7,500,000
for water infrastructure, including water supply, in
the Township of South Orange Village, New Jersey.
``(369) Summit, new jersey.--$1,000,000 for
wastewater infrastructure, including stormwater
management, in the city of Summit, New Jersey.
``(370) Warren, new jersey.--$4,550,000 for
wastewater infrastructure, including stormwater
management, in Warren Township, New Jersey.
``(371) Espanola, new mexico.--$21,995,000 for water
and wastewater infrastructure in the city of Espanola,
New Mexico.
``(372) Farmington, new mexico.--$15,500,000 for
water infrastructure, including water supply, in the
city of Farmington, New Mexico.
``(373) Mora county, new mexico.--$2,874,000 for
wastewater infrastructure in Mora County, New Mexico.
``(374) Santa fe, new mexico.--$20,700,000 for water
and wastewater infrastructure, including water
reclamation, in the city of Santa Fe, New Mexico.
``(375) Clarkstown, new york.--$14,600,000 for
wastewater infrastructure, including stormwater
management, in the town of Clarkstown, New York.
``(376) Genesee, new york.--$85,000,000 for water and
wastewater infrastructure, including stormwater
management and water supply, in Genesee County, New
York.
``(377) Queens, new york.--$119,200,000 for water and
wastewater infrastructure, including stormwater
management (including combined sewer overflows), in
Queens, New York.
``(378) Yorktown, new york.--$40,000,000 for
wastewater infrastructure, including stormwater
management, in the town of Yorktown, New York.
``(379) Brunswick, ohio.--$4,510,000 for wastewater
infrastructure, including stormwater management, in the
city of Brunswick, Ohio.
``(380) Brookings, oregon.--$2,000,000 for wastewater
infrastructure in the City of Brookings and the Port of
Brookings Harbor, Oregon.
``(381) Monroe, oregon.--$6,000,000 for water and
wastewater infrastructure in the city of Monroe,
Oregon.
``(382) Newport, oregon.--$60,000,000 for water and
wastewater infrastructure, including water supply and
water storage, in the city of Newport, Oregon.
``(383) Lane county, oregon.--$25,000,000 for water
and wastewater infrastructure, including water supply
and storage, distribution, and treatment systems, in
Lane County, Oregon.
``(384) Palmyra, pennsylvania.--$36,300,000 for
wastewater infrastructure in Palmyra Township,
Pennsylvania.
``(385) Pike county, pennsylvania.--$10,000,000 for
water and stormwater management infrastructure,
including water supply, in Pike County, Pennsylvania.
``(386) Pittsburgh, pennsylvania.--$20,000,000 for
wastewater infrastructure, including stormwater
management, in the city of Pittsburgh, Pennsylvania.
``(387) Pocono, pennsylvania.--$22,000,000 for water
and wastewater infrastructure in Pocono Township,
Pennsylvania.
``(388) Westfall, pennsylvania.--$16,880,000 for
wastewater infrastructure in Westfall Township,
Pennsylvania.
``(389) Whitehall, pennsylvania.--$6,000,000 for
stormwater management infrastructure in Whitehall
Township and South Whitehall Township, Pennsylvania.
``(390) Beaufort, south carolina.--$7,462,000 for
stormwater management infrastructure in Beaufort
County, South Carolina.
``(391) Charleston, south carolina.--$25,583,000 for
wastewater infrastructure, including stormwater
management, in the city of Charleston, South Carolina.
``(392) Horry county, south carolina.--$19,000,000
for environmental infrastructure, including ocean
outfalls, in Horry County, South Carolina.
``(393) Mount pleasant, south carolina.--$7,822,000
for wastewater infrastructure, including stormwater
management, in the town of Mount Pleasant, South
Carolina.
``(394) Portland, tennessee.--$1,850,000 for water
and wastewater infrastructure, including water supply,
in the city of Portland, Tennessee.
``(395) Smith county, tennessee.--$19,500,000 for
wastewater infrastructure, including stormwater
management, in Smith County, Tennessee.
``(396) Trousdale, macon, and sumner counties,
tennessee.--$178,000,000 for water and wastewater
infrastructure in Trousdale County, Macon County, and
Sumner County, Tennessee.
``(397) United states virgin islands.--$1,584,000 for
wastewater infrastructure in the United States Virgin
Islands.
``(398) Bonney lake, washington.--$3,000,000 for
water and wastewater infrastructure in the city of
Bonney Lake, Washington.
``(399) Burien, washington.--$5,000,000 for
stormwater management infrastructure in the city of
Burien, Washington.
``(400) Ellensburg, washington.--$3,000,000 for
wastewater infrastructure, including stormwater
management, in the city of Ellensburg, Washington.
``(401) North bend, washington.--$30,000,000 for
wastewater infrastructure, including stormwater
management, in the city of North Bend, Washington.
``(402) Port angeles, washington.--$7,500,000 for
wastewater infrastructure, including stormwater
management, in the City and Port of Port Angeles,
Washington.
``(403) Snohomish county, washington.--$56,000,000
for water and wastewater infrastructure, including
water supply, in Snohomish County, Washington.
``(404) Western washington state.--$200,000,000 for
water and wastewater infrastructure, including
stormwater management, water supply, and conservation,
in Chelan County, King County, Kittitas County, Pierce
County, Snohomish County, Skagit County, and Whatcom
County, Washington.
``(405) Milwaukee, wisconsin.--$4,500,000 for water
and wastewater infrastructure, including stormwater
management (including combined sewer overflows), and
resource protection and development, in the Milwaukee
metropolitan area, Wisconsin.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that
the project modifications described in this subsection
are in accordance with the reports submitted to
Congress by the Secretary under section 7001 of the
Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d), titled ``Report to Congress on Future
Water Resources Development'', or have otherwise been
reviewed by Congress.
(2) Modifications.--
(A) Calaveras county, california.--Section
219(f)(86) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1259) is amended by striking
``$3,000,000'' and inserting ``$13,280,000''.
(B) Sacramento area, california.--Section
219(f)(23) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 117
Stat. 1840; 134 Stat. 2718) is amended by
striking ``Suburban''.
(C) Los angeles county, california.--Section
219(f) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 334; 117
Stat. 1840; 121 Stat. 1259) is amended by
striking paragraph (93) and inserting the
following:
``(93) Los angeles county, california.--$103,000,000
for water and wastewater infrastructure, including
stormwater management, Diamond Bar, La Habra Heights,
Dominguez Channel, Santa Clarity Valley, and Rowland
Heights, Los Angeles County, California.''.
(D) Boulder county, colorado.--Section
219(f)(109) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 114
Stat. 2763A-220) is amended by striking
``$10,000,000 for water supply infrastructure''
and inserting ``$20,000,000 for water and
wastewater infrastructure, including stormwater
management and water supply''.
(E) Charlotte county, florida.--Section
219(f)(121) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1261) is amended by striking ``$3,000,000
for'' and inserting ``$33,000,000 for
wastewater and''.
(F) Miami-dade county, florida.--Section
219(f)(128) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1261) is amended by striking ``$6,250,000
for'' and inserting ``$190,250,000 for
wastewater infrastructure, including''.
(G) Albany, georgia.--Section 219(f)(130) of
the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261)
is amended by striking ``$4,000,000 for a storm
drainage system,'' and inserting ``$109,000,000
for wastewater infrastructure, including
stormwater management (including combined sewer
overflows),''.
(H) Atlanta, georgia.--Section 219(e)(5) of
the Water Resources Development Act of 1992
(106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334)
is amended by striking ``$25,000,000'' and
inserting ``$75,000,000''.
(I) East point, georgia.--Section 219(f)(136)
of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 121 Stat. 1261)
is amended by striking ``$5,000,000 for'' and
inserting ``$15,000,000 for stormwater
management and other''.
(J) Cook county and lake county, illinois.--
Section 219(f)(54) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-220) is amended--
(i) in the paragraph heading, by
striking ``Cook county'' and inserting
``Cook county and lake county'';
(ii) by striking ``$35,000,000 for''
and inserting ``$100,000,000 for
wastewater infrastructure, including
stormwater management, and other''; and
(iii) by inserting ``and Lake
County'' after ``Cook County''.
(K) Madison and st. clair counties,
illinois.--Section 219(f)(55) of the Water
Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 114 Stat. 2763A-221; 134
Stat. 2718) is amended by striking
``$45,000,000'' and inserting ``$100,000,000''.
(L) Calumet region, indiana.--Section
219(f)(12)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 117 Stat. 1843; 121 Stat. 1225) is
amended by striking ``$100,000,000'' and
inserting ``$125,000,000''.
(M) Baton rouge, louisiana.--Section
219(f)(21) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 114
Stat. 2763A-220; 121 Stat. 1226) is amended by
striking ``$35,000,000'' and inserting
``$90,000,000''.
(N) South central planning and development
commission, louisiana.--Section 219(f)(153) of
the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262)
is amended by striking ``$2,500,000'' and
inserting ``$12,500,000''.
(O) St. charles, st. bernard, plaquemines,
st. john the baptist, st. james, and assumption
parishes, louisiana.--
(i) St. charles, st. bernard, and
plaquemines parishes, louisiana.--
Section 219(c)(33) of the Water
Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-219) is amended by striking
``Water and wastewater infrastructure''
and inserting ``Water supply and
wastewater infrastructure, including
stormwater management''.
(ii) St. john the baptist, st. james,
and assumption parishes, louisiana.--
Section 219(c)(34) of the Water
Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat.
2763A-219) is amended--
(I) in the paragraph heading,
by striking ``baptist and st.
james'' and inserting
``baptist, st. james, and
assumption''; and
(II) by striking ``Baptist
and St. James'' and inserting
``Baptist, St. James, and
Assumption''.
(iii) Authorization of appropriations
for construction assistance.--Section
219(e) of the Water Resources
Development Act of 1992 (106 Stat.
4835; 110 Stat. 3757; 113 Stat. 334;
121 Stat. 1192) is amended--
(I) by striking the ``and''
at the end of paragraph (16);
(II) by striking the period
at the end of paragraph (17)
and inserting a semicolon; and
(III) by adding at the end
the following:
``(18) $70,000,000 for the project described in
subsection (c)(33); and
``(19) $36,000,000 for the project described in
subsection (c)(34).''.
(P) Michigan combined sewer overflows.--
Section 219(f)(157) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1262) is amended--
(i) by striking ``$35,000,000 for''
and inserting the following:
``(A) In general.--$85,000,000 for''; and
(ii) by adding at the end the
following:
``(B) Additional projects.--Amounts made
available under subparagraph (A) may be used
for design and construction projects for water-
related environmental infrastructure and
resource protection and development projects in
Michigan, including for projects for wastewater
treatment and related facilities, water supply
and related facilities, environmental
restoration, and surface water resource
protection and development.''.
(Q) Jackson, mississippi.--Section
219(f)(167) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121
Stat. 1263) is amended by striking
``$25,000,000 for water and wastewater
infrastructure'' and inserting ``$125,000,000
for water and wastewater infrastructure,
including resilience activities for such
infrastructure''.
(R) Allegheny county, pennsylvania.--Section
219(f)(66)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 114 Stat. 2763A-221; 121 Stat. 1240)
is amended by striking ``$20,000,000 for'' and
inserting ``$30,000,000 for wastewater
infrastructure, including stormwater
management, and other''.
(S) Lakes marion and moultrie, south
carolina.--Section 219(f)(25) of the Water
Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A-220; 117
Stat. 1838; 130 Stat. 1677; 132 Stat. 3818; 134
Stat. 2719) is amended by striking
``$110,000,000'' and inserting
``$165,000,000''.
(T) Myrtle beach and vicinity, south
carolina.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1267) is amended
by striking paragraph (250) and inserting the
following:
``(250) Myrtle beach and vicinity, south carolina.--
$31,000,000 for environmental infrastructure, including
ocean outfalls, Myrtle Beach and vicinity, South
Carolina.''.
(U) North myrtle beach and vicinity, south
carolina.--Section 219(f) of the Water
Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1267) is amended
by striking paragraph (251) and inserting the
following:
``(251) North myrtle beach and vicinity, south
carolina.--$74,000,000 for environmental
infrastructure, including ocean outfalls, North Myrtle
Beach and vicinity, South Carolina.''.
(V) Eastern shore and southwest virginia.--
Section 219(f)(10)(A) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113
Stat. 335; 121 Stat. 1255) is amended--
(i) by striking ``$20,000,000'' and
inserting ``$52,000,000''; and
(ii) by striking ``Accomac'' and
inserting ``Accomack''.
(W) Northern west virginia.--Section
219(f)(272) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1268) is amended--
(i) by striking ``$20,000,000 for
water and wastewater'' and inserting
the following:
``(A) In general.--$20,000,000 for water and
wastewater''; and
(ii) by adding at the end the
following:
``(B) Local cooperation agreements.--
Notwithstanding subsection (a), at the request
of a non-Federal interest for a project or a
separable element of a project that receives
assistance under this paragraph, the Secretary
may enter into an agreement developed in
accordance with section 571(e) of the Water
Resources Development Act of 1999 (113 Stat.
371) for the project or separable element.''.
(3) Effect on authorization.--Notwithstanding the
operation of section 6001(e) of the Water Resources
Reform and Development Act of 2014 (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2016), any project included on a
list published by the Secretary pursuant to such
section the authorization for which is amended by this
subsection remains authorized to be carried out by the
Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
(a) Consistency With Reports.--Congress finds that the
project modifications described in this section are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d), titled ``Report to
Congress on Future Water Resources Development'', or have
otherwise been reviewed by Congress.
(b) Projects.--
(1) Chesapeake bay.--Section 510 of the Water
Resources Development Act of 1996 (110 Stat. 3759; 121
Stat. 1202; 128 Stat. 1317; 134 Stat. 3704) is
amended--
(A) in subsection (a)(2)--
(i) by inserting ``infrastructure
and'' before ``resource protection'';
(ii) in subparagraph (B), by
inserting ``and streambanks'' after
``shorelines'';
(iii) by redesignating subparagraphs
(E) and (F) as subparagraphs (H) and
(I), respectively; and
(iv) by inserting after subparagraph
(D) the following:
``(E) wastewater treatment and related
facilities;
``(F) water supply and related facilities;
``(G) stormwater and drainage systems;''; and
(B) in subsection (c)(2)(A), by inserting
``facilities or'' before ``a resource
protection and restoration plan''.
(2) Florida keys water quality improvements,
florida.--Section 109(f) of title I of division B of
the Miscellaneous Appropriations Act, 2001 (Public Law
106-554, appendix D, 114 Stat. 2763A-222 (as enacted by
section 1(a)(4) of the Consolidated Appropriations Act,
2001 (114 Stat. 2763)); 121 Stat. 1217) is amended by
striking ``$100,000,000'' and inserting
``$200,000,000''.
(3) Northeastern minnesota.--Section 569(h) of the
Water Resources Development Act of 1999 (113 Stat. 368;
121 Stat. 1232) is amended by striking ``$54,000,000''
and inserting ``$80,000,000''.
(4) Mississippi.--Section 592 of the Water Resources
Development Act of 1999 (113 Stat. 379; 117 Stat. 1837;
121 Stat. 1233; 123 Stat. 2851) is amended--
(A) in subsection (b), by striking ``and
surface water resource protection and
development'' and inserting ``surface water
resource protection and development, stormwater
management, drainage systems, and water quality
enhancement''; and
(B) in subsection (g), by striking
``$200,000,000'' and inserting
``$300,000,000''.
(5) Lake tahoe basin restoration, nevada and
california.--Section 108(g) of division C of the
Consolidated Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 2942) is amended by striking
``$25,000,000'' and inserting ``$50,000,000''.
(6) Central new mexico.--Section 593 of the Water
Resources Development Act of 1999 (113 Stat. 380; 119
Stat. 2255) is amended--
(A) in subsection (a), by inserting
``Colfax,'' before ``Sandoval'';
(B) in subsection (c), by inserting ``water
reuse,'' after ``conservation,''; and
(C) in subsection (h), by striking
``$50,000,000'' and inserting ``$100,000,000''.
(7) New york city watershed.--Section 552(a)(2) of
the Water Resources Development Act of 1996 (110 Stat.
3780) is amended--
(A) by striking ``design and construction
assistance'' and inserting ``design, repair,
replacement, and construction assistance''; and
(B) by striking ``treatment, and distribution
facilities'' and inserting ``treatment,
stormwater management, and water distribution
facilities''.
(8) Ohio and north dakota.--Section 594 of the Water
Resources Development Act of 1999 (113 Stat. 381; 119
Stat. 2261; 121 Stat. 1140; 121 Stat. 1944) is
amended--
(A) in subsection (h), by striking
``$240,000,000'' and inserting
``$250,000,000''; and
(B) by adding at the end the following:
``(i) Authorization of Additional Appropriations.--In
addition to amounts authorized under subsection (h), there is
authorized to be appropriated to carry out this section
$100,000,000, to be divided between the States referred to in
subsection (a).''.
(9) Southeastern pennsylvania.--Section 566 of the
Water Resources Development Act of 1996 (110 Stat.
3786; 113 Stat. 352) is amended--
(A) by striking the section heading and
inserting ``southeastern pennsylvania and lower
delaware river basin.'';
(B) in subsection (a), by inserting ``and the
Lower Delaware River Basin'' after
``southeastern Pennsylvania'';
(C) in subsection (b), by striking
``southeastern Pennsylvania, including projects
for waste water treatment and related
facilities,'' and inserting ``southeastern
Pennsylvania and the Lower Delaware River
Basin, including projects for wastewater
treatment and related facilities (including
sewer overflow infrastructure improvements and
other stormwater management),'';
(D) by amending subsection (g) to read as
follows:
``(g) Areas Defined.--In this section:
``(1) Lower delaware river basin.--The term `Lower
Delaware River Basin' means the Schuylkill Valley,
Upper Estuary, Lower Estuary, and Delaware Bay
subwatersheds of the Delaware River Basin in the
Commonwealth of Pennsylvania and the States of New
Jersey and Delaware.
``(2) Southeastern pennsylvania.--The term
`southeastern Pennsylvania' means Philadelphia, Bucks,
Chester, Delaware, and Montgomery Counties,
Pennsylvania.''; and
(E) in subsection (h), by striking ``to carry
out this section $25,000,000'' and inserting
``$50,000,000 to provide assistance under this
section to non-Federal interests in
southeastern Pennsylvania, and $20,000,000 to
provide assistance under this section to non-
Federal interests in the Lower Delaware River
Basin''.
(10) South central pennsylvania.--Section 313(g)(1)
of the Water Resources Development Act of 1992 (106
Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat.
310; 117 Stat. 142; 121 Stat. 1146; 134 Stat. 2719) is
amended by striking ``$400,000,000'' and inserting
``$410,000,000''.
(11) Texas.--Section 5138 of the Water Resources
Development Act of 2007 (121 Stat. 1250) is amended--
(A) in subsection (b), by striking ``, as
identified by the Texas Water Development
Board'';
(B) in subsection (e)(3), by inserting ``and
construction'' after ``design work'';
(C) by redesignating subsection (g) as
subsection (i);
(D) by inserting after subsection (f) the
following:
``(g) Nonprofit Entities.--In this section, the term non-
Federal interest has the meaning given such term in section
221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(b)).
``(h) Corps of Engineers Expenses.--Not more than 10 percent
of the amounts made available to carry out this section may be
used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.''; and
(E) in subsection (i) (as redesignated), by
striking ``$40,000,000'' and inserting
``$80,000,000''.
(12) Lake champlain, vermont and new york.--Section
542 of the Water Resources Development Act of 2000 (114
Stat. 2671; 121 Stat. 1150; 134 Stat. 2652) is
amended--
(A) in subsection (b)(2)(C), by striking
``planning'' and inserting ``clean water
infrastructure planning, design, and
construction''; and
(B) in subsection (g), by striking
``$32,000,000'' and inserting ``$100,000,000''.
(13) Western rural water.--Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117
Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat.
440; 121 Stat. 1219; 123 Stat. 2851; 128 Stat. 1316;
130 Stat. 1681; 134 Stat. 2719) is amended--
(A) in subsection (i)(1), by striking
``$435,000,000'' and inserting
``$800,000,000''; and
(B) in subsection (i)(2), by striking
``$150,000,000'' and inserting
``$200,000,000''.
(c) Effect on Authorization.--Notwithstanding the operation
of section 6001(e) of the Water Resources Reform and
Development Act of 2014 (as in effect on the day before the
date of enactment of the Water Resources Development Act of
2016), any project included on a list published by the
Secretary pursuant to such section the authorization for which
is amended by this section remains authorized to be carried out
by the Secretary.
SEC. 8377. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact
acreage and the legal description of any real property
to be conveyed under this section shall be determined
by a survey that is satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not
apply to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a
conveyance is made under this section shall be
responsible for all reasonable and necessary costs,
including real estate transaction and environmental
documentation costs, associated with the conveyance.
(4) Liability.--An entity to which a conveyance is
made under this section shall hold the United States
harmless from any liability with respect to activities
carried out, on or after the date of the conveyance, on
the real property conveyed. The United States shall
remain responsible for any liability with respect to
activities carried out, before such date, on the real
property conveyed.
(5) Additional terms and conditions.--The Secretary
may require that any conveyance under this section be
subject to such additional terms and conditions as the
Secretary considers necessary and appropriate to
protect the interests of the United States.
(b) City of Lewes, Delaware.--
(1) Conveyance authorized.--The Secretary is
authorized to convey, without consideration, to the
City of Lewes, Delaware, all right, title, and interest
of the United States in and to the real property
described in paragraph (2), for the purpose of housing
a new municipal campus for Lewes City Hall, a police
station, and a board of public works.
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.26 acres of land,
including improvements on that land, located at 1137
Savannah Road, Lewes, Delaware.
(3) Reversion.--
(A) In general.--If the Secretary determines
at any time that the property conveyed under
paragraph (1) is not being used in accordance
with the purpose specified in such paragraph,
all right, title, and interest in and to the
property shall revert, at the discretion of the
Secretary, to the United States.
(B) Determination.--A determination by the
Secretary under subparagraph (A) shall be made
on the record after an opportunity for a
hearing.
(c) Army Reserve Facility, Belleville, Illinois.--
(1) Conveyance authorized.--The Secretary shall
convey to the city of Belleville, Illinois, without
consideration, all right, title, and interest of the
United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 5.2 acres of land,
including improvements on that land, located at 500
South Belt East in Belleville, Illinois.
(3) Deed.--The Secretary shall convey the property
under this subsection by quitclaim deed under such
terms and conditions as the Secretary determines
appropriate to protect the interests of the United
States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for
a public purpose, all right, title, and interest in and
to the property shall revert, at the discretion of the
Secretary, to the United States.
(d) Lake Barkley, Kentucky.--
(1) In general.--The Secretary is authorized to
convey to the Eddyville Riverport and Industrial
Development Authority all right, title, and interest of
the United States in and to the approximately 3.3 acres
of land in Lyon County, Kentucky, including the land
identified as Tract 1216-2 and a portion of the land
identified as Tract 112-2, adjacent to the southwestern
boundary of the port facilities of the Authority at the
Barkley Dam and Lake Barkley project, Kentucky,
authorized by the first section of the Act of July 24,
1946 (chapter 595, 60 Stat. 636).
(2) Reservation of rights.--The Secretary shall
reserve and retain from the conveyance under this
subsection such easements, rights-of-way, and other
interests that the Secretary determines to be necessary
and appropriate to ensure the continued operation of
the project described in paragraph (1).
(3) Deed.--The Secretary shall convey the property
under this subsection by quitclaim deed under such
terms and conditions as the Secretary determines
appropriate to protect the interests of the United
States.
(4) Consideration.--The Eddyville Riverport and
Industrial Development Authority shall pay to the
Secretary an amount that is not less than the fair
market value of the property conveyed under this
subsection, as determined by the Secretary.
(e) Sardis Lake, Panola County, Mississippi.--
(1) Conveyance authorized.--The Secretary is
authorized to convey to the City of Sardis,
Mississippi, all right, title, and interest of the
United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed is the
approximately 1,064 acres of lying in the eastern half
of Sections 12 and 13, T 8 S, R 6 W and the western
half of Section 18 and the western half of Section 7, T
8 S, R 5 W, in Panola County, Mississippi, and being
more particularly described as follows: Begin at the
southeast corner of said Section 13, run thence from
said point of beginning, along the south line of said
Section 13, run westerly, 2,723 feet; thence run N
2739'53'' W, for 1,898 feet; thence run north 2,434
feet; thence run east, 1,006 feet, more or less, to a
point on the easterly edge of Mississippi State Highway
No. 315; thence run along said easterly edge of
highway, northerly, for 633 feet; thence leaving said
easterly edge of highway, run N 6200' E, for 200 feet;
thence N 0700' E, for 1,350 feet; thence N 0700' W,
for 800 feet; thence N 3730'W for 800 feet; thence N
1000' W for 350 feet; thence N 1100' E, for 350 feet;
thence N 4330' E for 250 feet; thence N 8800' E for
200 feet; thence S 6400' E for 350 feet; thence S
2530' E, for 650 feet, more or less, to the
intersection of the east line of the western half of
the eastern half of the northwest quarter of the
southeast quarter of the aforesaid Section 12, T 8 S, R
6 W and the 235-foot contour; thence run along said
235-foot contour, 6,392 feet; thence leaving said 235-
foot contour, southerly 1,762 feet, more or less, to a
point on the south line of Section 7; thence S
0028'49'' E, 2,664.97 feet, more or less, to a point
on the south line of the northwest quarter of said
Section 18; thence along said south line, easterly for
100 feet, more or less to the northwest corner of the
southwest quarter of said Section 18; thence leaving
said south line of said northwest quarter, along the
east line of said southwest quarter, S 0006'20'' E,
run 2,280 feet, more or less, to the southerly edge of
an existing power line right-of-way; thence leaving
said east line of said southwest quarter, along said
southerly edge of said power line right-of-way,
northwesterly, 300 feet, more or less, to the easterly
edge of the existing 4-H Club Road; thence leaving said
southerly edge of said power line right-of-way, along
said easterly edge of said road, southeasterly, 420
feet, more or less, to the south line of said southwest
quarter; thence leaving said easterly edge of said
road, along said south line of southwest quarter,
westerly, 2,635 feet, more or less, to the point of
beginning, LESS AND EXCEPT the following prescribed
parcel: Beginning at a point N 0045'48'' W, 302.15
feet and west, 130.14 feet from the southeast corner of
said Section 13, T 8 S, R 6 W, and running thence S
0435'58'' W, 200.00 feet to a point on the north side
of a road; running thence with the north side of said
road, N 8351' W, for 64.84 feet; thence N 7226'44''
W, 59.48 feet; thence N 6031'37'' W, 61.71 feet;
thence N 6335'08'' W, 51.07 feet; thence N 0647'17''
W, 142.81 feet to a point; running thence S 8524'02''
E, 254.37 feet to the point of beginning, containing
1.00 acre, more or less.
(3) Reservation of rights.--
(A) In general.--The Secretary shall reserve
and retain from the conveyance under this
subsection such easements, rights-of-way, and
other interests that the Secretary determines
to be necessary and appropriate to ensure the
continued operation of the Sardis Lake project,
authorized by section 6 of the Act of May 15,
1928 (chapter 569, 45 Stat. 536).
(B) Flooding; liability.--In addition to any
easements, rights-of-way, and other interests
reserved an retained under subparagraph (A),
the Secretary--
(i) shall retain the right to flood
land for downstream flood control
purposes on--
(I) the land located east of
Blackjack Road and below 301.0
feet above sea level; and
(II) the land located west of
Blackjack Road and below 224.0
feet above sea level; and
(ii) shall not be liable for any
reasonable damage resulting from any
flooding of land pursuant to clause
(i).
(4) Deed.--The Secretary shall--
(A) convey the property under this section by
quitclaim deed under such terms and conditions
as the Secretary determines appropriate to
protect the interests of the United States; and
(B) ensure that such deed includes a
permanent restriction that all future building
of above-ground structures on the land conveyed
under this subsection shall be restricted to
areas lying at or above 301.0 feet above sea
level.
(5) Consideration.--The City of Sardis, Mississippi,
shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed
under this subsection, as determined by the Secretary.
(6) Notice and reporting.--After conveying property
under this subsection, the Secretary shall submit to
the City of Sardis, Mississippi--
(A) weekly reports describing--
(i) the water level of Sardis Lake,
as in effect on the date of submission
of the report;
(ii) any applicable forecasts of that
water level; and
(iii) any other information that may
affect land conveyed under this
subsection; and
(B) a timely notice of any anticipated
flooding of a portion of the land conveyed
under this subsection.
(f) Rogers County, Oklahoma.--
(1) Conveyance authorized.--The Secretary is
authorized to convey to the City of Tulsa-Rogers County
Port Authority, all right, title, and interest of the
United States in and to the real property described in
paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 176 acres of Federal
land located on the following 3 parcels in Rogers
County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119
(partial), U.S. tract 123, U.S. tract 120, U.S.
tract 125, and U.S. tract 118 (partial).
(B) Parcel 2 consists of U.S. tract 124
(partial) and U.S. tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128
(partial).
(3) Reservation of rights.--The Secretary shall
reserve and retain from any conveyance under this
subsection such easements, rights-of-way, and other
interests that the Secretary determines to be necessary
and appropriate to ensure the continued operation of
the McClellan-Kerr Arkansas River navigation project
(including Newt Graham Lock and Dam 18) authorized
under the comprehensive plan for the Arkansas River
Basin by the Act of June 28, 1938 (chapter 795, 52
Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329-
112; 117 Stat. 1842).
(4) Deed.--The Secretary shall convey the property
under this subsection by quitclaim deed under such
terms and conditions as the Secretary determines
appropriate to protect the interests of the United
States.
(5) Consideration.--The City of Tulsa-Rogers County
Port Authority shall pay to the Secretary an amount
that is not less than the fair market value of the
property conveyed under this subsection, as determined
by the Secretary.
(6) Obstructions to navigable capacity.--A conveyance
under this subsection shall not affect the jurisdiction
of the Secretary under section 10 of the Act of March
3, 1899 (33 U.S.C. 403) with respect to the property
conveyed.
(g) Regional Corps of Engineers Office, Corpus Christi,
Texas.--
(1) Conveyance authorized.--At such time as new
facilities are available to be used as the office for
the Galveston District of the Corps of Engineers, the
Secretary shall convey to the Port of Corpus Christi,
all right, title, and interest of the United States in
and to the property described in paragraph (2).
(2) Description of property.--The property referred
to in paragraph (1) is the land known as Tract 100 and
Tract 101, including improvements on that land, in
Corpus Christi, Texas, and described as follows:
(A) Tract 100.--The 1.89 acres, more or less,
as conveyed by the Nueces County Navigation
District No. 1 of Nueces County, Texas, to the
United States by instrument dated October 16,
1928, and recorded at Volume 193, pages 1 and
2, in the Deed Records of Nueces County, Texas.
(B) Tract 101.--The 0.53 acres as conveyed by
the City of Corpus Christi, Nueces County,
Texas, to the United States by instrument dated
September 24, 1971, and recorded at Volume 318,
pages 523 and 524, in the Deed Records of
Nueces County, Texas.
(C) Improvements.--
(i) Main Building (RPUID AO-C-3516),
constructed January 9, 1974.
(ii) Garage, vehicle with 5 bays
(RPUID AO-C-3517), constructed January
9, 1985.
(iii) Bulkhead, Upper (RPUID AO-C-
2658), constructed January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO-C-
3520), constructed January 1, 1933.
(v) Bulkhead Fence (RPUID AO-C-3521),
constructed January 9, 1985.
(vi) Bulkhead Fence (RPUID AO-C-
3522), constructed January 9, 1985.
(3) Deed.--The Secretary shall convey the property
under this subsection by quitclaim deed under such
terms and conditions as the Secretary determines
appropriate to protect the interests of the United
States.
(4) Consideration.--The Port of Corpus Christi shall
pay to the Secretary an amount that is not less than
the fair market value of the property (including
improvements) conveyed under this subsection, as
determined by the Secretary.
SEC. 8378. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION OF OKLAHOMA.
(a) Transfer.--
(1) In general.--Subject to paragraph (2) and for the
consideration described in subsection (c), the
Secretary shall transfer to the Secretary of the
Interior the land described in subsection (b) to be
held in trust for the benefit of the Choctaw Nation.
(2) Conditions.--The land transfer under this
subsection shall be subject to the following
conditions:
(A) The transfer--
(i) shall not interfere with the
operation by the Corps of Engineers of
the Sardis Lake Project, authorized
pursuant to section 203 of the Flood
Control Act of 1962 (76 Stat. 1187), or
any other authorized civil works
project; and
(ii) shall be subject to such other
terms and conditions as the Secretary
determines to be necessary and
appropriate to ensure the continued
operation of the Sardis Lake Project or
any other authorized civil works
project.
(B) The Secretary shall retain the right to
inundate with water the land transferred to the
Choctaw Nation under this subsection as
necessary to carry out an authorized purpose of
the Sardis Lake Project or any other civil
works project.
(C) No gaming activities may be conducted on
the land transferred under this subsection.
(b) Land Description.--
(1) In general.--The land to be transferred under
subsection (a) is the approximately 247 acres of land
located in Sections 18 and 19 of T2N R18E, and Sections
5 and 8 of T2N R19E, Pushmataha County, Oklahoma,
generally depicted as ``USACE'' on the map entitled
``Sardis Lake - Choctaw Nation Proposal'' and dated
February 22, 2022.
(2) Survey.--The exact acreage and legal descriptions
of the land to be transferred under subsection (a)
shall be determined by a survey satisfactory to the
Secretary and the Secretary of the Interior.
(c) Consideration.--The Choctaw Nation shall pay to the
Secretary an amount that is equal to the fair market value of
the land transferred under subsection (a), as determined by the
Secretary, which funds may be accepted and expended by the
Secretary.
(d) Costs of Transfer.--The Choctaw Nation shall be
responsible for all reasonable and necessary costs, including
real estate transaction and environmental documentation costs,
associated with the transfer of land under subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.
(a) Designation.--Locks and Dam 4, Monongahela River,
Pennsylvania, authorized by section 101(18) of the Water
Resources Development Act of 1992 (106 Stat. 4803), and
commonly known as the ``Charleroi Locks and Dam'', shall be
known and designated as the ``John P. Murtha Locks and Dam''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
locks and dam referred to in subsection (a) shall be deemed to
be a reference to the ``John P. Murtha Locks and Dam''.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.
Section 152(a) of the Water Resources Development Act of 2020
(33 U.S.C. 2213a(a)) is amended by striking ``a flood risk
management project that incidentally generates seismic safety
benefits in regions'' and inserting ``a flood risk management
or coastal storm risk management project in a region''.
SEC. 8381. DEBRIS REMOVAL.
Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is
amended by striking ``or recreation'' and inserting ``ecosystem
restoration, or recreation''.
SEC. 8382. GENERAL REAUTHORIZATIONS.
(a) Rehabilitation of Existing Levees.--Section 3017(e) of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 3303a note) is amended--
(1) by striking ``this subsection'' and inserting
``this section''; and
(2) by striking ``the date that is 10 years after the
date of enactment of this Act'' and inserting
``December 31, 2028''.
(b) Invasive Species in Alpine Lakes Pilot Project.--Section
507(c) of the Water Resources Development Act of 2020 (16
U.S.C. 4701 note) is amended by striking ``2024'' and inserting
``2028''.
(c) Environmental Banks.--Section 309(e) of the Coastal
Wetlands Planning, Protection and Restoration Act (16 U.S.C.
3957(e)) is amended by striking ``10'' and inserting ``12''.
SEC. 8383. TRANSFER OF EXCESS CREDIT.
Section 1020 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2223) is amended--
(1) in subsection (a), by adding at the end the
following:
``(3) Studies and projects with multiple non-federal
interests.--A credit described in paragraph (1) for a
study or project with multiple non-Federal interests
may be applied to the required non-Federal cost share
for a study or project of any such non-Federal
interest, if each such non-Federal interest agrees in
writing to such application.'';
(2) in subsection (b), by adding at the end the
following:
``(3) Conditional approval of excess credit.--
Notwithstanding paragraph (2)(A)(ii), the Secretary may
approve credit in excess of the non-Federal share for a
study or project prior to the identification of each
authorized study or project to which the excess credit
will be applied, subject to the condition that the non-
Federal interest agrees to submit for approval by the
Secretary an amendment to the comprehensive plan
prepared under paragraph (2) that identifies each
authorized study or project in advance of execution of
the feasibility cost-sharing agreement or project
partnership agreement for that authorized study or
project.'';
(3) in subsection (d), by striking ``10 years after
the date of enactment of this Act'' and inserting ``on
December 31, 2028''; and
(4) in subsection (e)(1)(B), by striking ``10 years
after the date of enactment of this Act'' and inserting
``December 31, 2028''.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.
Section 7007(d) of the Water Resources Development Act of
2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting
``, or may be applied to reduce the amounts required to be paid
by the non-Federal interest under the terms of the deferred
payment agreements entered into between the Secretary and the
non-Federal interest for the projects authorized by section
7012(a)(1)'' before the period at the end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.
Section 103(l) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(l)) is amended--
(1) in the subsection heading, by striking
``Initial'';
(2) in the first sentence, by striking ``At the
request of'' and inserting the following:
``(1) Initial payment.--At the request of''; and
(3) by adding at the end the following:
``(2) Interest.--
``(A) In general.--At the request of any non-
Federal interest, the Secretary may waive the
accrual of interest on any non-Federal cash
contribution under this section or section 101
for a project for a period of not more than 1
year if the Secretary determines that--
``(i) the waiver will contribute to
the ability of the non-Federal interest
to make future contributions; and
``(ii) the non-Federal interest is in
good standing under terms agreed to
under subsection (k)(1).
``(B) Limitations.--The Secretary may grant
not more than 1 waiver under subparagraph (A)
for the same project.''.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.
Section 103(k)(4) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(k)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins appropriately;
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``Notwithstanding'' and
inserting the following:
``(A) In general.--Notwithstanding'';
(3) in clause (i) (as so redesignated)--
(A) by striking ``$200 million'' and
inserting ``$200,000,000''; and
(B) by striking ``and'' at the end;
(4) in clause (ii) (as so redesignated)--
(A) by inserting ``an amount equal to \2/3\
of'' after ``repays''; and
(B) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the non-Federal
interest repays the balance of
remaining principal by June 1,
2032.''; and
(5) by adding at the end the following:
``(B) Repayment options.--Repayment of a non-
Federal contribution under subparagraph
(A)(iii) may be satisfied through the provision
by the non-Federal interest of fish and
wildlife mitigation for one or more projects or
separable elements, if the Secretary determines
that--
``(i) the non-Federal interest has
incurred costs for the provision of
mitigation that--
``(I) equal or exceed the
amount of the required
repayment; and
``(II) are in excess of any
required non-Federal
contribution for the project or
separable element for which the
mitigation is provided; and
``(ii) the mitigation is integral to
the project for which it is
provided.''.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.
(a) Definition of Rehabilitation.--Section 9002(13) of the
Water Resources Development Act of 2007 (33 U.S.C. 3301(13)) is
amended--
(1) by striking ``The term'' and inserting the
following:
``(A) In general.--The term'';
(2) by inserting ``, increase resiliency to extreme
weather events,'' after ``flood risk''; and
(3) by adding at the end the following:
``(B) Inclusions.--The term `rehabilitation'
includes improvements to a levee in conjunction
with any repair, replacement, reconstruction,
or reconfiguration.''.
(b) Levee Safety Initiative.--Section 9005(g)(2)(E)(i) of the
Water Resources Development Act of 2007 (33 U.S.C.
3303a(g)(2)(E)(i)) is amended by striking ``2023'' and
inserting ``2028''.
(c) Levee Rehabilitation Assistance Program.--Section 9005(h)
of the Water Resources Development Act of 2007 (33 U.S.C.
3303a(h)) is amended--
(1) in paragraph (1), by inserting ``and levee
rehabilitation'' after ``mitigation'';
(2) in paragraph (7), by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(3) by adding at the end the following:
``(11) Prioritization.--To the maximum extent
practicable, the Secretary shall prioritize the
provision of assistance under this subsection to
economically disadvantaged communities (as defined by
the Secretary under section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities
located in urban and rural areas.''.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
Section 1046(c) of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715) is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND REPLACEMENT
COSTS.
Section 301(b) of the Water Supply Act of 1958 (43 U.S.C.
390b(b)) is amended, in the fourth proviso, by striking the
second sentence and inserting the following: ``For Corps of
Engineers projects, all annual operation and maintenance costs
for municipal and industrial water supply storage under this
section shall be reimbursed from State or local interests on an
annual basis, and all repair, rehabilitation, and replacement
costs for municipal and industrial water supply storage under
this section shall be reimbursed from State or local interests
(1) without interest, during construction of the repair,
rehabilitation, or replacement, (2) with interest, in lump sum
on the completion of the repair, rehabilitation, or
replacement, or (3) at the request of the State or local
interest, with interest, over a period of not more than 25
years beginning on the date of completion of the repair,
rehabilitation, or replacement, with repayment contracts
providing for recalculation of the interest rate at 5-year
intervals. At the request of the State or local interest, the
Secretary of the Army shall amend a repayment contract entered
into under this section on or before the date of enactment of
this sentence for the purpose of incorporating the terms and
conditions described in paragraph (3) of the preceding
sentence.''.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999
(33 U.S.C. 2336) is amended--
(1) in subsection (c), by inserting ``, on land held
in trust by the Secretary of the Interior on behalf of,
and for the benefit of, an Indian Tribe, or on
restricted land of any Indian Tribe,'' after ``land
owned by the United States''; and
(2) in subsection (e)--
(A) by striking ``Rehabilitation'' and
inserting ``Restoration''; and
(B) by striking ``Sacramento'' and inserting
``Albuquerque''; and
(3) in subsection (f), by striking ``$30,000,000''
and inserting ``$50,000,000''.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
Section 509(a)(2) of the Water Resources Development Act of
2020 (33 U.S.C. 610 note) is amended--
(1) in subparagraph (A), by striking ``or Tennessee
River Watershed'' and inserting ``, Tennessee River
Watershed, or Tombigbee River Watershed''; and
(2) in subparagraph (C)(i), by inserting ``, of which
not fewer than 1 shall be carried out on the Tennessee-
Tombigbee Waterway'' before the period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.
The Secretary shall fully implement opportunities for
enhanced development at lakes located primarily in the State of
Oklahoma under the authorities provided in section 3134 of the
Water Resources Development Act of 2007 (121 Stat. 1142; 130
Stat. 1671) and section 164 of the Water Resources Development
Act of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project''
means any of the following projects of the Corps of
Engineers:
(A) Ball Mountain Lake, Vermont, authorized
by section 203 of the Flood Control Act of 1954
(68 Stat. 1257).
(B) Townshend Lake, Vermont, authorized by
section 203 of the Flood Control Act of 1954
(68 Stat. 1257).
(2) Recreation.--The term ``recreation'' includes
downstream whitewater recreation that is dependent on
operations, recreational fishing, and boating at a
covered project.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that, to the extent compatible with other
project purposes, each covered project is operated in
such a manner as to protect and enhance recreation
associated with the covered project; and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) Modification of Water Control Plans.--The Secretary may
modify, or undertake temporary deviations from, the water
control plan for a covered project in order to enhance
recreation, if the Secretary determines the modifications or
deviations--
(1) will not adversely affect other authorized
purposes of the covered project; and
(2) will not result in significant adverse impacts to
the environment.
SEC. 8394. FEDERAL ASSISTANCE.
Section 1328(c) of the Water Resources Development Act of
2018 (132 Stat. 3826) is amended by striking ``4 years'' and
inserting ``8 years''.
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.
The Secretary shall expedite the replacement of the
Mississippi River mat sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.
It is the sense of Congress that the lease agreement for land
and water areas within the Prado Flood Control Basin Project
Area entered into between the Secretary and the City of Corona,
California, for operations of the Corona Municipal Airport
(Recreation Lease No. DACW09-1-67-60), is a valid lease of land
at a water resources development project under section 4 of the
Act of December 22, 1944 (16 U.S.C. 460d).
SEC. 8397. EXPEDITED COMPLETION OF PROJECTS AND STUDIES.
(a) Authorized Projects and Studies.--The Secretary shall, to
the maximum extent practicable, expedite completion of the
following projects and studies:
(1) Projects.--
(A) Project for Juneau and Auke Bay, Floating
Wave Attenuator, Alaska, authorized pursuant to
section 204 of the Flood Control Act of 1948
(62 Stat. 1181).
(B) Project for flood risk management, Little
Colorado River at Winslow, Navajo County,
Arizona, authorized by section 401(2) of the
Water Resources Development Act of 2020 (134
Stat. 2735).
(C) Project for flood damage reduction, Rio
de Flag, Flagstaff, Arizona, authorized by
section 101(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2576).
(D) Project for navigation, including
maintenance and channel deepening, McClellan-
Kerr Arkansas River, authorized under the
comprehensive plan for the Arkansas River Basin
by section 3 of the Act of June 28, 1938
(chapter 795, 52 Stat. 1218; 60 Stat. 634; 60
Stat. 647; 101 Stat. 1329-112; 117 Stat. 1842).
(E) Project for environmental restoration,
Hamilton Airfield, California, authorized by
section 101(b)(3) of the Water Resources
Development Act of 1999 (113 Stat. 279; 121
Stat. 1110).
(F) Project for flood damage reduction and
environmental restoration, Middle Creek, Lake
County, California, authorized by section
1001(11) of the Water Resources Development Act
of 2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use
Pilot Project, California, being carried out
under section 1122 of the Water Resources
Development Act of 2016 (130 Stat. 1645).
(H) Project for flood risk management,
ecosystem restoration, and recreation, South
San Francisco Bay Shoreline, California,
authorized by section 1401(6) of the Water
Resources Development Act of 2016 (130 Stat.
1714).
(I) Projects for ecosystem restoration
included in the comprehensive Chesapeake Bay
restoration plan developed under the Chesapeake
Bay Environmental Restoration and Protection
Program, authorized by section 510 of the Water
Resources Development Act of 1996 (110 Stat.
3759; 121 Stat. 1202; 128 Stat. 1317).
(J) Maintenance dredging and other authorized
activities to address the impacts of shoaling
affecting the project for navigation, Branford
Harbor and Branford River, Branford,
Connecticut, authorized by the first section of
the Act of June 13, 1902 (chapter 1079, 32
Stat. 333).
(K) Maintenance dredging and other authorized
activities to address the impacts of shoaling
affecting the project for navigation, Guilford
Harbor and Sluice Channel, Connecticut,
authorized by section 2 of the Act of March 2,
1945 (chapter 19, 59 Stat. 13).
(L) Maintenance dredging and other authorized
activities to address the impacts of shoaling
affecting the project for navigation, Milford
Harbor, Connecticut, authorized by the first
section of the Act of June 23, 1874 (chapter
457, 18 Stat. 241).
(M) Project for ecosystem restoration at Bay
Point dredge hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration,
Central and Southern Florida, Everglades
Agricultural Area, authorized by section 1308
of the Water Resources Development Act of 2018
(132 Stat. 3819; 134 Stat. 2709).
(O) An update to the water control manual for
Melvin Price Locks and Dam, Illinois,
authorized by section 102 of Public Law 95-502
(92 Stat. 1695; 95 Stat. 1634).
(P) Projects for the restoration of the
Illinois River Basin, carried out pursuant to
section 519 of the Water Resources Development
Act of 2000 (114 Stat. 2653; 121 Stat. 1221).
(Q) Projects for ecosystem restoration, Upper
Mississippi River and Illinois Waterway System,
authorized pursuant to title VIII of the Water
Resources Development Act of 2007 (33 U.S.C.
652 note).
(R) Project for navigation, Kentucky Lock
Addition, Kentucky, authorized by section
101(a)(13) of the Water Resources Development
Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower
Jefferson Parish, Louisiana, authorized by
section 7016 of the Water Resources Development
Act of 2007 (121 Stat. 1282).
(T) The portion of the project for flood
control and other purposes, Cumberland,
Maryland, consisting of the restoration of the
historic Chesapeake and Ohio Canal, authorized
by section 5 of the Act of June 22, 1936
(chapter 6881, 49 Stat. 1574; 113 Stat. 375).
(U) Project for flood control, Ecorse Creek,
Wayne County, Michigan, authorized by section
101(a)(14) of the Water Resources Development
Act of 1990 (104 Stat. 4607).
(V) Projects for ecosystem restoration, Salt
River Marsh Coastal Habitat, Lake St. Clair,
Michigan, authorized pursuant to section 506 of
the Water Resources Development Act of 2000 (42
U.S.C. 1962d-22).
(W) Assistance for ecosystem restoration,
Lower Yellowstone Intake Diversion Dam,
Montana, authorized pursuant to section 3109 of
the Water Resources Development Act of 2007
(121 Stat. 1135).
(X) Maintenance dredging and other authorized
activities to address the impacts of shoaling
affecting the project for navigation,
Portsmouth Harbor and Piscataqua River, Maine
and New Hampshire, authorized by section 101 of
the River and Harbor Act of 1962 (76 Stat.
1173).
(Y) Project for flood risk management, Tulsa
and West-Tulsa Levee System, Tulsa County,
Oklahoma, authorized by section 401(2) of the
Water Resources Development Act of 2020 (134
Stat. 2735).
(Z) Project for flood risk management, Rio
Guayanilla, Puerto Rico, authorized by section
401(2) of the Water Resources Development Act
of 2020 (134 Stat. 2736).
(AA) Projects for critical restoration,
Missouri River Restoration, South Dakota,
included in the plan developed under section
905(e) of the Water Resources Development Act
of 2000 (114 Stat. 2707).
(BB) Project for water quality control, Red
River Basin Chloride Control Area VIII, Texas,
authorized pursuant to section 203 of the Flood
Control Act of 1966 (80 Stat. 1420).
(CC) Dredging for projects at Port of
Galveston for Turning Basin 2 project, Royal
Terminal, Galveston Bay, Galveston, Texas,
authorized pursuant to section 1401(1) of the
Water Resources Development Act of 2018 (132
Stat. 3836).
(DD) Project for dam safety modifications,
Bluestone Dam, West Virginia, authorized
pursuant to section 5 of the Act of June 22,
1936 (chapter 688, 49 Stat. 1586).
(EE) The development and implementation of a
sediment management plan at Big Horn Lake,
Wyoming, pursuant to section 1179(a) of the
Water Resources Development Act of 2016 (130
Stat. 1675).
(FF) Projects authorized by section 219 of
the Water Resources Development Act of 1992.
(2) Studies.--
(A) Feasibility study of modifications to the
portion of the project for flood control, water
conservation, and related purposes, Russian
River Basin, California, consisting of the
Coyote Valley Dam, authorized by section 204 of
the Flood Control Act of 1950 (64 Stat. 177;
130 Stat. 1682), to add environmental
restoration as a project purpose and to
increase water supply and improve reservoir
operations.
(B) Feasibility study of modifications to the
portion of the project for flood control, Santa
Ana River Mainstem, California, consisting of
Seven Oaks Dam, California, authorized by
section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4113; 101
Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713;
121 Stat. 1115), to include water conservation
as an authorized purpose.
(C) Feasibility study of modifications to the
project for flood control, Redbank and Fancher
Creeks, California, authorized by section
401(a) of the Water Resources Development Act
of 1986 (100 Stat. 4112).
(D) The update of hydrological modeling of
the Fox River Basin, Illinois.
(E) Feasibility study of modifications to the
channel depths and dimensions pursuant to
section 5 of the Act of March 4, 1915 (33
U.S.C. 562) for the project for navigation,
Miami Harbor Channel, Florida, authorized by
section 101 of the Water Resources Development
Act of 1990 (104 Stat. 4606).
(F) A comprehensive 50-year review of the
Kaskaskia River Navigation Project, Illinois,
pursuant to section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi
River and Tributaries project, to include the
portion of the Ouachita River Levee System at
and below Monroe, Louisiana to Caldwell Parish,
Louisiana, authorized by section 204(b) of the
Water Resources and Development Act of 2020
(134 Stat. 2678).
(H) Feasibility study for the project for
ecosystem restoration and flood risk management
at Coldwater Creek, Missouri, authorized
pursuant to section 1202(b) of the Water
Resources Development Act of 2018 (132 Stat.
3803).
(I) Feasibility study for the project for
ecosystem restoration and flood risk management
at Maline Creek, Missouri, authorized pursuant
to section 1202(b) of the Water Resources
Development Act of 2018 (132 Stat. 3803).
(J) Feasibility study for the project for
flood protection at the Truman Lake Visitor
Center, Warsaw, Missouri, authorized by section
203 of the Flood Control Act of 1954 (68 Stat.
1262; 84 Stat. 265).
(K) Feasibility study for an updated
hydrologic analysis for the town of Estancia,
Torrance County, New Mexico.
(L) Feasibility study for water supply to
reduce water consumption from the Arbuckle
Simpson Aquifer, Oklahoma, utilizing reserved
municipal water supply within the Corps of
Engineers-owned lakes, pursuant to section 838
of the Water Resources Development Act of 1986
(100 Stat. 4174).
(b) Continuing Authorities Programs.--The Secretary shall, to
the maximum extent practicable, expedite completion of the
following projects and studies:
(1) Projects for flood control under section 205 of
the Flood Control Act of 1948 (33 U.S.C. 701s) for the
following areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative
Conveyance Project, Arizona.
(E) Southern Maricopa County, in the vicinity
of the Ak-Chin Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake
St. Clair, Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Canovanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto
Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rio Inabon, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto
Rico.
(2) Projects for navigation under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577) for the
following areas:
(A) Sebewaing River, Port Sanilac Harbor,
Lexington Harbor, and Harbor Beach Harbor,
Michigan.
(B) Portsmouth Back Channels and Sagamore
Creek, Portsmouth, New Castle, and Rye, New
Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews
County, Virginia.
(3) Project for aquatic ecosystem restoration under
section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330) for the following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and
vicinity, Arizona, including review of recharge
facilities that preserve water flows and
habitats.
(4) Project modifications for improvement of the
environment under section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) for the towns
of Quincy and Braintree, Massachusetts, for fish
passage on the Smelt Brook.
(5) Project for the removal of obstructions and
clearing channels for flood control under section 2 of
the Act of August 28, 1937 (33 U.S.C. 701g) for the
Passaic River, New Jersey.
(6) Project for shoreline erosion protection of
public works under section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r) and for beach erosion and
storm damage reduction under section 3 of the Act of
August 13, 1946 (33 U.S.C. 426g) for Buffalo, New York.
(7) Project for beach erosion and storm damage
reduction under section 3 of the Act of August 13, 1946
(33 U.S.C. 426g) for West Haven, Connecticut.
Subtitle D--Water Resources Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports
titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress, are authorized
to be carried out by the Secretary substantially in accordance
with the plans, and subject to the conditions, described in the
respective reports or decision documents designated in this
section:
(1) Navigation.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AK Elim Subsistence March 12, Federal: $99,057,000
Harbor Study, 2021 Non-Federal: $2,517,000
Elim Total: $101,574,000
------------------------------------------------------------------------
2. CA Port of Long Beach October 14, Federal: $87,063,000
Deep Draft 2021 and May Non-Federal: $88,724,000
Navigation, Los 31, 2022 Total: $175,787,000
Angeles County
------------------------------------------------------------------------
3. GA Brunswick Harbor March 11, Federal: $10,555,500
Modifications, 2022 Non-Federal: $5,680,500
Glynn County Total: $16,236,000
------------------------------------------------------------------------
4. NY, New York -- New June 3, 2022 Federal: $2,408,268,000
NJ Jersey Harbor Non-Federal: $3,929,279,000
Deepening Channel Total: $6,337,547,000
Improvements
------------------------------------------------------------------------
5. WA Tacoma Harbor May 26, 2022 Federal: $140,022,000
Navigation Non-Federal: $203,561,000
Improvement Total: $343,583,000
Project
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. AL Selma Flood Risk October 7, Federal: $16,978,000
Management and 2021 Non-Federal: $9,142,000
Bank Total: $26,120,000
Stabilization
------------------------------------------------------------------------
2. AL Valley Creek Flood October 29, Federal: $21,993,000
Risk Management, 2021 Non-Federal: $11,906,000
Bessemer and Total: $33,899,000
Birmingham
------------------------------------------------------------------------
3. CA Lower Cache Creek, June 21, 2021 Federal: $238,151,550
Yolo County, Non-Federal: $128,235,450
Woodland and Total: $366,387,000
Vicinity
------------------------------------------------------------------------
4. NE Papillion Creek January 24, Federal: $100,618,000
and Tributaries 2022 Non-Federal: $57,359,000
Lakes Total: $157,977,000
------------------------------------------------------------------------
5. OR Portland Metro August 20, Federal: $89,708,000
Levee System 2021 Non-Federal: $48,304,000
Total: $138,012,000
------------------------------------------------------------------------
6. PR Rio Guanajibo May 24, 2022 Federal: $184,778,000
Flood Risk Non-Federal: $0
Management, Total: $184,778,000
Mayaguez,
Hormigueros, and
San German
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CT Fairfield and New January 19, Federal: $107,350,000
Haven Counties 2021 Non-Federal: $57,804,000
Coastal Storm Total: $165,154,000
Risk Management
------------------------------------------------------------------------
2. FL Florida Keys, September 24, Federal: $1,774,631,000
Monroe County, 2021 Non-Federal: $955,570,000
Coastal Storm Total: $2,730,201,000
Risk Management
------------------------------------------------------------------------
3. FL Miami-Dade County, September 26, Initial Federal:
Main Segment, 2022 $25,091,000
Coastal Storm Initial Non-Federal:
Risk Management $18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment Non-Federal:
$180,898,000
Renourishment Total:
$324,772,000
------------------------------------------------------------------------
4. FL Okaloosa County, October 7, Initial Federal:
Coastal Storm 2021 $21,274,025
Risk Management Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment Non-Federal:
$79,292,000
Renourishment Total:
$155,637,000
------------------------------------------------------------------------
5. FL Pinellas County, October 29, Initial Federal: $6,097,000
Treasure Island 2021 Initial Non-Federal:
and Long Key $9,864,000
Segments, Coastal Total: $15,961,000
Storm Risk Renourishment Federal:
Management $115,551,000
Renourishment Non-Federal:
$104,540,000
Renourishment Total:
$220,091,000
------------------------------------------------------------------------
6. LA South Central June 23, 2022 Federal: $809,297,450
Coast, Louisiana Non-Federal: $435,775,550
Hurricane and Total: $1,245,073,000
Storm Damage Risk
Reduction
------------------------------------------------------------------------
7. LA Upper Barataria January 28, Federal: $1,184,472,250
Basin Hurricane 2022 Non-Federal: $637,792,750
and Storm Damage Total: $1,822,265,000
Risk Reduction
------------------------------------------------------------------------
8. NY South Shore of October 27, Federal: $1,086,000,000
Staten Island, 2016 Non-Federal: $585,000,000
Fort Wadsworth to Total: $1,671,000,000
Oakwood Beach,
Coastal Storm
Risk Management
------------------------------------------------------------------------
9. PR San Juan September 16, Federal: $288,294,000
Metropolitan Area 2021 Non-Federal: $155,235,000
Coastal Storm Total: $443,529,000
Risk Management
------------------------------------------------------------------------
10. SC Charleston June 10, 2022 Federal: $828,657,050
Peninsula, Non-Federal: $446,199,950
Coastal Storm Total: $1,274,857,000
Risk Management
------------------------------------------------------------------------
11. SC Folly Beach, October 26, Initial Federal:
Coastal Storm 2021 $49,919,000
Risk Management Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment Non-Federal:
$29,373,000
Renourishment Total:
$209,806,000
------------------------------------------------------------------------
(4) Flood risk management and ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Coastal Texas September 16, Federal: $21,380,214,000
Protection and 2021 Non-Federal:
Restoration $12,999,708,000
Total: $34,379,922,000
------------------------------------------------------------------------
(5) Ecosystem restoration.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. CA Prado Basin April 22, Federal: $35,265,100
Ecosystem 2021 Non-Federal: $22,373,900
Restoration, San Total: $57,639,000
Bernardino,
Riverside and
Orange Counties
------------------------------------------------------------------------
2. KY Three Forks of May 24, 2022 Federal: $77,352,671
Beargrass Creek Non-Federal: $52,539,940
Ecosystem Total: $129,892,611
Restoration,
Louisville
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. DC Washington, D.C. July 22, 2021 Federal: $19,830,000
and Vicinity Non-Federal: $0
Flood Risk Total: $19,830,000
Management
------------------------------------------------------------------------
2. FL Central and June 30, 2022 Federal: $2,707,950,500
Southern Florida, Non-Federal: $2,707,950,500
Indian River Total: $5,415,901,000
Lagoon
------------------------------------------------------------------------
3. LA Lake Pontchartrain December 16, Federal: $950,303,250
and Vicinity 2021 Non-Federal: $511,701,750
Total: $1,462,005,000
------------------------------------------------------------------------
4. LA West Bank and December 17, Federal: $508,337,700
Vicinity 2021 Non-Federal: $273,720,300
Total: $782,058,000
------------------------------------------------------------------------
5. MI New Soo Lock June 6, 2022 Federal: $3,218,944,000
Construction Non-Federal: $0
Project, Sault Total: $3,218,944,000
Ste. Marie,
Chippewa County
------------------------------------------------------------------------
6. WA Howard A. Hanson May 19, 2022 Federal: $878,530,000
Dam, Water Supply Non-Federal: $43,085,000
and Ecosystem Total: $921,615,000
Restoration
------------------------------------------------------------------------
SEC. 8402. SPECIAL RULES.
(a) South Shore of Staten Island, New York.--The Federal
share of any portion of the cost to design and construct the
project for coastal storm risk management, South Shore of
Staten Island, Fort Wadsworth to Oakwood Beach, New York,
authorized by this Act, that exceeds the estimated total
project cost specified in the project partnership agreement for
the project, signed by the Secretary on February 15, 2019,
shall be 90 percent.
(b) Charleston Peninsula, South Carolina.--
(1) In general.--Not later than 90 days after the
last day of the covered period, the Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, a request for deauthorization of the project
for hurricane and storm damage risk reduction,
Charleston Peninsula, South Carolina, authorized by
this Act, if the non-Federal interest has not entered
into a project partnership agreement for the project,
or a separable element of the project, prior to such
last day.
(2) Definition of covered period.--In this
subsection, the term ``covered period'' means the
period beginning on the date of enactment of this Act
and ending on the date that is--
(A) 10 years after the date of enactment of
this Act; or
(B) 10 years after the date on which a design
agreement for the project described in
paragraph (1) is executed, if such design
agreement is executed prior to the date that is
10 years after the date of enactment of this
Act.
SEC. 8403. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts
available in the revolving fund established by the first
section of the Civil Functions Appropriations Act, 1954 (33
U.S.C. 576), and not otherwise obligated, the Secretary may--
(1) design and construct the lab and office facility
for a Mandatory Center of Expertise in Branson,
Missouri, described in the prospectus submitted to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate on June 10,
2022, pursuant to subsection (c) of such Act (33 U.S.C.
576(c)), substantially in accordance with such
prospectus; and
(2) carry out such construction and infrastructure
improvements as are required to support such lab and
office facility, including any necessary demolition of
the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall ensure that the revolving fund established by
the first section of the Civil Functions Appropriations Act,
1954 (33 U.S.C. 576) is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit from
the lab and office facility constructed under this section.
TITLE LXXXV--CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) is amended by adding at the end the following:
``SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary
Partnership' means the San Francisco Estuary
Partnership, designated as the management conference
for the San Francisco Bay under section 320.
``(2) San francisco bay plan.--The term `San
Francisco Bay Plan' means--
``(A) until the date of the completion of the
plan developed by the Director under subsection
(d), the comprehensive conservation and
management plan approved under section 320 for
the San Francisco Bay estuary; and
``(B) on and after the date of the completion
of the plan developed by the Director under
subsection (d), the plan developed by the
Director under subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall
establish in the Environmental Protection Agency a San
Francisco Bay Program Office. The Office shall be
located at the headquarters of Region 9 of the
Environmental Protection Agency.
``(2) Appointment of director.--The Administrator
shall appoint a Director of the Office, who shall have
management experience and technical expertise relating
to the San Francisco Bay and be highly qualified to
direct the development and implementation of projects,
activities, and studies necessary to implement the San
Francisco Bay Plan.
``(3) Delegation of authority; staffing.--The
Administrator shall delegate to the Director such
authority and provide such staff as may be necessary to
carry out this section.
``(c) Annual Priority List.--
``(1) In general.--After providing public notice, the
Director shall annually compile a priority list,
consistent with the San Francisco Bay Plan, identifying
and prioritizing the projects, activities, and studies
to be carried out with amounts made available under
subsection (e).
``(2) Inclusions.--The annual priority list compiled
under paragraph (1) shall include the following:
``(A) Projects, activities, and studies,
including restoration projects and habitat
improvement for fish, waterfowl, and wildlife,
that advance the goals and objectives of the
San Francisco Bay Plan, for--
``(i) water quality improvement,
including the reduction of marine
litter;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered
species recovery; and
``(iv) adaptation to climate change.
``(B) Information on the projects,
activities, and studies specified under
subparagraph (A), including--
``(i) the identity of each entity
receiving assistance pursuant to
subsection (e); and
``(ii) a description of the
communities to be served.
``(C) The criteria and methods established by
the Director for identification of projects,
activities, and studies to be included on the
annual priority list.
``(3) Consultation.--In compiling the annual priority
list under paragraph (1), the Director shall consult
with, and consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected
local governments in the San Francisco Bay
estuary watershed;
``(C) the San Francisco Bay Restoration
Authority; and
``(D) any other relevant stakeholder involved
with the protection and restoration of the San
Francisco Bay estuary that the Director
determines to be appropriate.
``(d) San Francisco Bay Plan.--
``(1) In general.--Not later than 5 years after the
date of enactment of this section, the Director, in
conjunction with the Estuary Partnership, shall review
and revise the comprehensive conservation and
management plan approved under section 320 for the San
Francisco Bay estuary to develop a plan to guide the
projects, activities, and studies of the Office to
address the restoration and protection of the San
Francisco Bay.
``(2) Revision of san francisco bay plan.--Not less
often than once every 5 years after the date of the
completion of the plan described in paragraph (1), the
Director shall review, and revise as appropriate, the
San Francisco Bay Plan.
``(3) Outreach.--In carrying out this subsection, the
Director shall consult with the Estuary Partnership and
Indian tribes and solicit input from other non-Federal
stakeholders.
``(e) Grant Program.--
``(1) In general.--The Director may provide funding
through cooperative agreements, grants, or other means
to State and local agencies, special districts, and
public or nonprofit agencies, institutions, and
organizations, including the Estuary Partnership, for
projects, activities, and studies identified on the
annual priority list compiled under subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts
provided to any entity under this section for a
fiscal year shall not exceed an amount equal to
75 percent of the total cost of any projects,
activities, and studies that are to be carried
out using those amounts.
``(B) Non-federal share.--Not less than 25
percent of the cost of any project, activity,
or study carried out using amounts provided
under this section shall be provided from non-
Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year,
the Director may not use more than 5 percent to pay
administrative expenses incurred in carrying out this
section.
``(2) Prohibition.--No amounts made available under
this section may be used for the administration of a
management conference under section 320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) is further
amended by adding at the end the following:
``SEC. 126. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--
The term `Coastal Nonpoint Pollution Control Program'
means the State of Washington's Coastal Nonpoint
Pollution Control Program approved under section 6217
of the Coastal Zone Act Reauthorization Amendments of
1990.
``(2) Director.--The term `Director' means the
Director of the Program Office.
``(3) Federal action plan.--The term `Federal Action
Plan' means the plan developed under subsection
(c)(3)(B).
``(4) International joint commission.--The term
`International Joint Commission' means the
International Joint Commission established by the
Treaty relating to the boundary waters and questions
arising along the boundary between the United States
and Canada, signed at Washington January 11, 1909, and
entered into force May 5, 1910 (36 Stat. 2448; TS 548;
12 Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific
Salmon Commission' means the Pacific Salmon Commission
established by the United States and Canada under the
Treaty concerning Pacific salmon, with annexes and
memorandum of understanding, signed at Ottawa January
28, 1985, and entered into force March 18, 1985 (TIAS
11091; 1469 UNTS 357) (commonly known as the `Pacific
Salmon Treaty').
``(6) Program office.--The term `Program Office'
means the Puget Sound Recovery National Program Office
established by subsection (b).
``(7) Puget sound action agenda; action agenda.--The
term `Puget Sound Action Agenda' or `Action Agenda'
means the most recent plan developed by the Puget Sound
National Estuary Program Management Conference, in
consultation with the Puget Sound Tribal Management
Conference, and approved by the Administrator as the
comprehensive conservation and management plan for the
Puget Sound under section 320.
``(8) Puget sound federal leadership task force.--The
term `Puget Sound Federal Leadership Task Force' means
the Puget Sound Federal Leadership Task Force
established under subsection (c).
``(9) Puget sound federal task force.--The term
`Puget Sound Federal Task Force' means the Puget Sound
Federal Task Force established in 2016 under a
memorandum of understanding among 9 Federal agencies.
``(10) Puget sound national estuary program
management conference.--The term `Puget Sound National
Estuary Program Management Conference' means the
management conference for the Puget Sound convened
pursuant to section 320.
``(11) Puget sound partnership.--The term `Puget
Sound Partnership' means the State agency created under
the laws of the State of Washington (section 90.71.210
of the Revised Code of Washington), or its successor
agency that has been designated by the Administrator as
the lead entity to support the Puget Sound National
Estuary Program Management Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound
region' means the land and waters in the
northwest corner of the State of Washington
from the Canadian border to the north to the
Pacific Ocean on the west, including Hood Canal
and the Strait of Juan de Fuca.
``(B) Inclusion.--The term `Puget Sound
region' includes all watersheds that drain into
the Puget Sound.
``(13) Puget sound tribal management conference.--The
term `Puget Sound Tribal Management Conference' means
the 20 treaty Indian tribes of western Washington and
the Northwest Indian Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the
network of coastal waterways on the west coast of North
America that includes the Puget Sound, the Strait of
Georgia, and the Strait of Juan de Fuca.
``(15) Salmon recovery plans.--The term `Salmon
Recovery Plans' means the recovery plans for salmon and
steelhead species approved by the Secretary of the
Interior under section 4(f) of the Endangered Species
Act of 1973 that are applicable to the Puget Sound
region.
``(16) State advisory committee.--The term `State
Advisory Committee' means the advisory committee
established by subsection (d).
``(17) Treaty rights at risk initiative.--The term
`Treaty Rights at Risk Initiative' means the report
from the treaty Indian tribes of western Washington
entitled `Treaty Rights At Risk: Ongoing Habitat Loss,
the Decline of the Salmon Resource, and Recommendations
for Change' and dated July 14, 2011, or its successor
report that outlines issues and offers solutions for
the protection of Tribal treaty rights, recovery of
salmon habitat, and management of sustainable treaty
and nontreaty salmon fisheries, including through
Tribal salmon hatchery programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the
Environmental Protection Agency a Puget Sound Recovery
National Program Office, to be located in the State of
Washington.
``(2) Director.--
``(A) In general.--There shall be a Director
of the Program Office, who shall have
leadership and project management experience
and shall be highly qualified to--
``(i) direct the integration of
multiple project planning efforts and
programs from different agencies and
jurisdictions; and
``(ii) align numerous, and possibly
competing, priorities to accomplish
visible and measurable outcomes under
the Action Agenda.
``(B) Position.--The position of Director of
the Program Office shall be a career reserved
position, as such term is defined in section
3132 of title 5, United States Code.
``(3) Delegation of authority; staffing.--Using
amounts made available to carry out this section, the
Administrator shall delegate to the Director such
authority and provide such staff as may be necessary to
carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely
execution of the requirements of this section,
including the formation and meetings of the
Puget Sound Federal Leadership Task Force;
``(B) coordinate activities related to the
restoration and protection of the Puget Sound
across the Environmental Protection Agency;
``(C) coordinate and align the activities of
the Administrator with the Action Agenda,
Salmon Recovery Plans, the Treaty Rights at
Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(D) promote the efficient use of
Environmental Protection Agency resources in
pursuit of the restoration and protection of
the Puget Sound;
``(E) serve on the Puget Sound Federal
Leadership Task Force and collaborate with,
help coordinate, and implement activities with
other Federal agencies that have
responsibilities involving the restoration and
protection of the Puget Sound;
``(F) provide or procure such other advice,
technical assistance, research, assessments,
monitoring, or other support as is determined
by the Director to be necessary or prudent to
most efficiently and effectively fulfill the
objectives and priorities of the Action Agenda,
the Salmon Recovery Plans, the Treaty Rights at
Risk Initiative, and the Coastal Nonpoint
Pollution Control Program, consistent with the
best available science, to ensure the health of
the Puget Sound ecosystem;
``(G) track the progress of the Environmental
Protection Agency toward meeting the agency's
specified objectives and priorities within the
Action Agenda and the Federal Action Plan;
``(H) implement the recommendations of the
Comptroller General set forth in the report
entitled `Puget Sound Restoration: Additional
Actions Could Improve Assessments of Progress'
and dated July 19, 2018;
``(I) serve as liaison and coordinate
activities for the restoration and protection
of the Salish Sea with Canadian authorities,
the Pacific Salmon Commission, and the
International Joint Commission; and
``(J) carry out such additional duties as the
Director determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget
Sound Federal Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal
Leadership Task Force shall be composed of the
following members:
``(i) The following individuals
appointed by the Secretary of
Agriculture:
``(I) A representative of the
National Forest Service.
``(II) A representative of
the Natural Resources
Conservation Service.
``(ii) A representative of the
National Oceanic and Atmospheric
Administration appointed by the
Secretary of Commerce.
``(iii) The following individuals
appointed by the Secretary of Defense:
``(I) A representative of the
Corps of Engineers.
``(II) A representative of
the Joint Base Lewis-McChord.
``(III) A representative of
the Commander, Navy Region
Northwest.
``(iv) The Director of the Program
Office.
``(v) The following individuals
appointed by the Secretary of Homeland
Security:
``(I) A representative of the
Coast Guard.
``(II) A representative of
the Federal Emergency
Management Agency.
``(vi) The following individuals
appointed by the Secretary of the
Interior:
``(I) A representative of the
Bureau of Indian Affairs.
``(II) A representative of
the United States Fish and
Wildlife Service.
``(III) A representative of
the United States Geological
Survey.
``(IV) A representative of
the National Park Service.
``(vii) The following individuals
appointed by the Secretary of
Transportation:
``(I) A representative of the
Federal Highway Administration.
``(II) A representative of
the Federal Transit
Administration.
``(viii) Representatives of such
other Federal agencies, programs, and
initiatives as the other members of the
Puget Sound Federal Leadership Task
Force determines necessary.
``(B) Qualifications.--Members appointed
under this paragraph shall have experience and
expertise in matters of restoration and
protection of large watersheds and bodies of
water, or related experience that will benefit
the restoration and protection of the Puget
Sound.
``(C) Co-chairs.--
``(i) In general.--The following
members of the Puget Sound Federal
Leadership Task Force shall serve as
Co-Chairs of the Puget Sound Federal
Leadership Task Force:
``(I) The representative of
the National Oceanic and
Atmospheric Administration.
``(II) The Director of the
Program Office.
``(III) The representative of
the Corps of Engineers.
``(ii) Leadership.--The Co-Chairs
shall ensure the Puget Sound Federal
Leadership Task Force completes its
duties through robust discussion of all
relevant issues. The Co-Chairs shall
share leadership responsibilities
equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound
Federal Leadership Task Force shall--
``(i) uphold Federal trust
responsibilities to restore and protect
resources crucial to Tribal treaty
rights, including by carrying out
government-to-government consultation
with Indian tribes when requested by
such tribes;
``(ii) provide a venue for dialogue
and coordination across all Federal
agencies represented by a member of the
Puget Sound Federal Leadership Task
Force to align Federal resources for
the purposes of carrying out the
requirements of this section and all
other Federal laws that contribute to
the restoration and protection of the
Puget Sound, including by--
``(I) enabling and
encouraging such agencies to
act consistently with the
objectives and priorities of
the Action Agenda, the Salmon
Recovery Plans, the Treaty
Rights at Risk Initiative, and
the Coastal Nonpoint Pollution
Control Program;
``(II) facilitating the
coordination of Federal
activities that impact such
restoration and protection;
``(III) facilitating the
delivery of feedback given by
such agencies to the Puget
Sound Partnership during the
development of the Action
Agenda;
``(IV) facilitating the
resolution of interagency
conflicts associated with such
restoration and protection
among such agencies;
``(V) providing a forum for
exchanging information among
such agencies regarding
activities being conducted,
including obstacles or
efficiencies found, during
restoration and protection
activities; and
``(VI) promoting the
efficient use of government
resources in pursuit of such
restoration and protection
through coordination and
collaboration, including by
ensuring that the Federal
efforts relating to the science
necessary for such restoration
and protection are consistent,
and not duplicative, across the
Federal Government;
``(iii) catalyze public leaders at
all levels to work together toward
shared goals by demonstrating
interagency best practices coming from
such agencies;
``(iv) provide advice and support on
scientific and technical issues and act
as a forum for the exchange of
scientific information about the Puget
Sound;
``(v) identify and inventory Federal
environmental research and monitoring
programs related to the Puget Sound,
and provide such inventory to the Puget
Sound National Estuary Program
Management Conference;
``(vi) ensure that Puget Sound
restoration and protection activities
are as consistent as practicable with
ongoing restoration and protection and
related efforts in the Salish Sea that
are being conducted by Canadian
authorities, the Pacific Salmon
Commission, and the International Joint
Commission;
``(vii) ensure that Puget Sound
restoration and protection activities
are consistent with national security
interests;
``(viii) establish any working groups
or committees necessary to assist the
Puget Sound Federal Leadership Task
Force in its duties, including relating
to public policy and scientific issues;
and
``(ix) raise national awareness of
the significance of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--Not later than 5
years after the date of enactment of
this section, the Puget Sound Federal
Leadership Task Force shall develop and
approve a Federal Action Plan that
leverages Federal programs across
agencies and serves to coordinate
diverse programs and priorities for the
restoration and protection of the Puget
Sound.
``(ii) Revision of puget sound
federal action plan.--Not less often
than once every 5 years after the date
of approval of the Federal Action Plan
under clause (i), the Puget Sound
Federal Leadership Task Force shall
review, and revise as appropriate, the
Federal Action Plan.
``(C) Feedback by federal agencies.--In
facilitating feedback under subparagraph
(A)(ii)(III), the Puget Sound Federal
Leadership Task Force shall request Federal
agencies to consider, at a minimum, possible
Federal actions within the Puget Sound region
designed to--
``(i) further the goals, targets, and
actions of the Action Agenda, the
Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control
Program;
``(ii) as applicable, implement and
enforce this Act, the Endangered
Species Act of 1973, and all other
Federal laws that contribute to the
restoration and protection of the Puget
Sound, including those that protect
Tribal treaty rights;
``(iii) prevent the introduction and
spread of invasive species;
``(iv) protect marine and wildlife
habitats;
``(v) protect, restore, and conserve
forests, wetlands, riparian zones, and
nearshore waters;
``(vi) promote resilience to climate
change and ocean acidification effects;
``(vii) restore fisheries so that
they are sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem
services that provide clean water,
filter toxic chemicals, and increase
ecosystem resilience; and
``(x) improve water quality,
including by preventing and managing
stormwater runoff, incorporating
erosion control techniques and trash
capture devices, using sustainable
stormwater practices, and mitigating
and minimizing nonpoint source
pollution, including marine litter.
``(4) Participation of state advisory committee and
puget sound tribal management conference.--The Puget
Sound Federal Leadership Task Force shall carry out its
duties with input from, and in collaboration with, the
State Advisory Committee and the Puget Sound Tribal
Management Conference, including by seeking advice and
recommendations on the actions, progress, and issues
pertaining to the restoration and protection of the
Puget Sound.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound
Federal Leadership Task Force shall meet not
later than 180 days after the date of enactment
of this section--
``(i) to determine if all Federal
agencies are properly represented;
``(ii) to establish the bylaws of the
Puget Sound Federal Leadership Task
Force;
``(iii) to establish necessary
working groups or committees; and
``(iv) to determine subsequent
meeting times, dates, and logistics.
``(B) Subsequent meetings.--After the initial
meeting, the Puget Sound Federal Leadership
Task Force shall meet, at a minimum, twice per
year to carry out the duties of the Puget Sound
Federal Leadership Task Force.
``(C) Working group meetings.--A meeting of
any established working group or committee of
the Puget Sound Federal Leadership Task Force
shall not be considered a biannual meeting for
purposes of subparagraph (B).
``(D) Joint meetings.--The Puget Sound
Federal Leadership Task Force--
``(i) shall offer to meet jointly
with the Puget Sound National Estuary
Program Management Conference and the
Puget Sound Tribal Management
Conference, at a minimum, once per
year; and
``(ii) may consider such a joint
meeting to be a biannual meeting of the
Puget Sound Federal Leadership Task
Force for purposes of subparagraph (B).
``(E) Quorum.--A simple majority of the
members of the Puget Sound Federal Leadership
Task Force shall constitute a quorum.
``(F) Voting.--For the Puget Sound Federal
Leadership Task Force to take an official
action, a quorum shall be present, and at least
a two-thirds majority of the members present
shall vote in the affirmative.
``(6) Puget sound federal leadership task force
procedures and advice.--
``(A) Advisors.--The Puget Sound Federal
Leadership Task Force may seek advice and input
from any interested, knowledgeable, or affected
party as the Puget Sound Federal Leadership
Task Force determines necessary to perform its
duties.
``(B) Compensation.--A member of the Puget
Sound Federal Leadership Task Force shall
receive no additional compensation for service
as a member on the Puget Sound Federal
Leadership Task Force.
``(C) Travel expenses.--Travel expenses
incurred by a member of the Puget Sound Federal
Leadership Task Force in the performance of
service on the Puget Sound Federal Leadership
Task Force may be paid by the agency that the
member represents.
``(7) Puget sound federal task force.--
``(A) In general.--On the date of enactment
of this section, the 2016 memorandum of
understanding establishing the Puget Sound
Federal Task Force shall cease to be effective.
``(B) Use of previous work.--The Puget Sound
Federal Leadership Task Force shall, to the
extent practicable, use the work product
produced, relied upon, and analyzed by the
Puget Sound Federal Task Force in order to
avoid duplicating the efforts of the Puget
Sound Federal Task Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State
Advisory Committee.
``(2) Membership.--The State Advisory Committee shall
consist of up to seven members designated by the
governing body of the Puget Sound Partnership, in
consultation with the Governor of Washington, who will
represent Washington State agencies that have
significant roles and responsibilities related to the
restoration and protection of the Puget Sound.
``(e) Puget Sound Federal Leadership Task Force Biennial
Report on Puget Sound Restoration and Protection Activities.--
``(1) In general.--Not later than 1 year after the
date of enactment of this section, and biennially
thereafter, the Puget Sound Federal Leadership Task
Force, in collaboration with the Puget Sound Tribal
Management Conference and the State Advisory Committee,
shall submit to the President, Congress, the Governor
of Washington, and the governing body of the Puget
Sound Partnership a report that summarizes the
progress, challenges, and milestones of the Puget Sound
Federal Leadership Task Force relating to the
restoration and protection of the Puget Sound.
``(2) Contents.--The report submitted under paragraph
(1) shall include a description of the following:
``(A) The roles and progress of each State,
local government entity, and Federal agency
that has jurisdiction in the Puget Sound region
relating to meeting the identified objectives
and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution
Control Program.
``(B) If available, the roles and progress of
Tribal governments that have jurisdiction in
the Puget Sound region relating to meeting the
identified objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program.
``(C) A summary of specific recommendations
concerning implementation of the Action Agenda
and the Federal Action Plan, including
challenges, barriers, and anticipated
milestones, targets, and timelines.
``(D) A summary of progress made by Federal
agencies toward the priorities identified in
the Federal Action Plan.
``(f) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing
in this section affects, or is intended to affect, any
right reserved by treaty between the United States and
one or more Indian tribes.
``(2) Consultation.--Nothing in this section affects
any authorization or obligation of a Federal agency to
consult with an Indian tribe under any other provision
of law.
``(g) Consistency.--
``(1) In general.--Actions authorized or implemented
under this section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control
Program; and
``(C) the water quality standards of the
State of Washington approved by the
Administrator under section 303.
``(2) Federal actions.--All Federal agencies
represented on the Puget Sound Federal Leadership Task
Force shall act consistently with the protection of
Tribal, treaty-reserved rights and, to the greatest
extent practicable given such agencies' existing
obligations under Federal law, act consistently with
the objectives and priorities of the Action Agenda, the
Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control
Program, when--
``(A) conducting Federal agency activities
within or outside the Puget Sound that affect
any land or water use or natural resources of
the Puget Sound region, including activities
performed by a contractor for the benefit of a
Federal agency;
``(B) interpreting and enforcing regulations
that impact the restoration and protection of
the Puget Sound;
``(C) issuing Federal licenses or permits
that impact the restoration and protection of
the Puget Sound; and
``(D) granting Federal assistance to State,
local, and Tribal governments for activities
related to the restoration and protection of
the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section
121 of the Federal Water Pollution Control Act (33
U.S.C. 1273) is amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``;
and'' and inserting a semicolon;
(ii) in paragraph (6), by striking
the period and inserting ``; and''; and
(iii) by adding at the end the
following:
``(7) ensure that the comprehensive conservation and
management plan approved for the Basin under section
320 is reviewed and revised in accordance with section
320 not less often than once every 5 years, beginning
on the date of enactment of this paragraph.''; and
(B) in subsection (d), by striking
``recommended by a management conference
convened for the Basin under section 320'' and
inserting ``identified in the comprehensive
conservation and management plan approved for
the Basin under section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(e)(1)) is
amended by striking ``, a 5,000 square mile'' and
inserting ``, a 10,000 square mile''.
(3) Administrative costs.--Section 121(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1273(f))
is amended by adding at the end the following:
``(3) Administrative expenses.--Not more than 5
percent of the amounts appropriated to carry out this
section may be used for administrative expenses.''.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended by striking ``subsections (h) and
(i) not to exceed'' and all that follows through ``fiscal year
1991'' and inserting ``subsections (h) and (i) $200,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996
(33 U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the
following:
``(2) Covered entity.--The term `covered entity'
means each of the following:
``(A) A border State.
``(B) A local government with jurisdiction
over an eligible community.'';
(2) in subsection (b), by striking ``border State''
and inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed
50 percent'' and inserting ``may not be less than 80
percent''; and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and
inserting ``2023 through 2027''.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2022''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means
the Administrator of USAID.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives.
(3) Department.--Unless otherwise specified, the term
``Department'' means the Department of State.
(4) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of State.
(5) USAID.--The term ``USAID'' means the United
States Agency for International Development.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 9101. MODERNIZING THE BUREAU OF ARMS CONTROL, VERIFICATION, AND
COMPLIANCE AND THE BUREAU OF INTERNATIONAL SECURITY
AND NONPROLIFERATION.
It is the sense of Congress that--
(1) the Secretary should take steps to address
staffing shortfalls in the chemical, biological, and
nuclear weapons issue areas in the Bureau of Arms
Control, Verification and Compliance and in the Bureau
of International Security and Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau
of Arms Control, Verification and Compliance and Bureau
of International Security and Nonproliferation is
necessary to effectively confront the threat of
increased global proliferation; and
(3) the Secretary, acting through the Bureau of Arms
Control, Verification and Compliance and the Bureau of
International Security and Nonproliferation, should
increase efforts and dedicate resources to combat the
dangers posed by the People's Republic of China's
conventional and nuclear build-up, the Russian
Federation's tactical nuclear weapons and new types of
nuclear weapons, bioweapons proliferation, dual use of
life sciences research, and chemical weapons.
SEC. 9102. NOTIFICATION TO CONGRESS FOR UNITED STATES NATIONALS
UNLAWFULLY OR WRONGFULLY DETAINED ABROAD.
Section 302 of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741) is amended--
(1) in subsection (a), in the matter preceding
paragraph (1), by inserting ``, as expeditiously as
possible,'' after ``review''; and
(2) by amending subsection (b) to read as follows:
``(b) Referrals to Special Envoy; Notification to Congress.--
``(1) In general.--Upon a determination by the
Secretary of State, based on the totality of the
circumstances, that there is credible information that
the detention of a United States national abroad is
unlawful or wrongful, and regardless of whether the
detention is by a foreign government or a
nongovernmental actor, the Secretary shall--
``(A) expeditiously transfer responsibility
for such case from the Bureau of Consular
Affairs of the Department of State to the
Special Presidential Envoy for Hostage Affairs;
and
``(B) not later than 14 days after such
determination, notify the Committee on Foreign
Relations of the Senate, the Select Committee
on Intelligence of the Senate, the Committee on
Foreign Affairs of the House of
Representatives, and the Permanent Select
Committee on Intelligence of the House of
Representatives of such determination and
provide such committees with a summary of the
facts that led to such determination.
``(2) Form.--The notification described in paragraph
(1)(B) may be classified, if necessary.''.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.
Section 303 of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741a) is amended
by adding at the end the following:
``(d) Family Engagement Coordinator.--There shall be, in the
Office of the Special Presidential Envoy for Hostage Affairs, a
Family Engagement Coordinator, who shall ensure--
``(1) for a United States national unlawfully or
wrongfully detained abroad, that--
``(A) any interaction by executive branch
officials with any family member of such United
States national occurs in a coordinated
fashion;
``(B) such family member receives consistent
and accurate information from the United States
Government; and
``(C) appropriate coordination with the
Family Engagement Coordinator described in
section 304(c)(2); and
``(2) for a United States national held hostage
abroad, that any engagement with a family member is
coordinated with, consistent with, and not duplicative
of the efforts of the Family Engagement Coordinator
described in section 304(c)(2).''.
SEC. 9104. REWARDS FOR JUSTICE.
Section 36(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(b)) is amended--
(1) in paragraph (4), by striking ``or (10);'' and
inserting ``(10), or (14);'';
(2) in paragraph (12), by striking ``or'' at the end;
(3) in paragraph (13), by striking the period at the
end and inserting ``; or''; and
(4) by adding at the end the following:
``(14) the prevention, frustration, or resolution of
the hostage taking of a United States person, the
identification, location, arrest, or conviction of a
person responsible for the hostage taking of a United
States person, or the location of a United States
person who has been taken hostage, in any country.''.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY OF PASSPORT
AGENCIES.
(a) Sense of Congress.--It is the sense of Congress that
Department initiatives to expand passport services and
accessibility, including through online modernization projects,
should include the construction of new physical passport
agencies.
(b) Review.--The Secretary shall conduct a review of the
geographic diversity and accessibility of existing passport
agencies to identify--
(1) the geographic areas in the continental United
States that are farther than 6 hours' driving distance
from the nearest passport agency;
(2) the per capita demand for passport services in
the areas described in paragraph (1); and
(3) a plan to ensure that in-person services at
physical passport agencies are accessible to all
eligible Americans, including Americans living in large
population centers, in rural areas, and in States with
a high per capita demand for passport services.
(c) Considerations.--The Secretary shall consider the metrics
identified in paragraphs (1) and (2) of subsection (b) when
determining locations for the establishment of new physical
passport agencies.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that contains
the findings of the review conducted pursuant to subsection
(b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.
The Secretary is authorized to use up to $1,200,000 for
grants to carry out the activities of the Cultural Antiquities
Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.
(a) Extension of Authorities.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended, in paragraph (4)(B) of subsection (l), as redesignated
by section 9502(a)(2) of this Act, by striking ``the date that
is two years after the date of the enactment of this
subsection'' and inserting ``December 31, 2024''.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's designee, shall brief the appropriate congressional
committees with respect to the steps that the Office of
Sanctions Coordination has taken to coordinate its activities
with the Department of the Treasury and humanitarian aid
programs, in an effort to help ensure appropriate flows of
humanitarian assistance and goods to countries subject to
United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING THE
DEPARTMENT OF STATE'S UNIT FOR SUBNATIONAL
DIPLOMACY.
(a) Definitions.--In this section:
(1) Municipal.--The term ``municipal'' means the
government of a city in the United States with a
population of not fewer than 100,000 people.
(2) State.--The term ``State'' means the 50 States of
the United States, the District of Columbia, and any
territory or possession of the United States.
(3) Subnational engagement.--The term ``subnational
engagement'' means formal meetings or events between
elected officials of a State or municipal government
and their foreign counterparts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the growth of subnational cooperation has enabled
States and municipalities to play an increasingly
significant role in foreign policy and complement the
efforts of the Department;
(2) the Department's recently established Unit for
Subnational Diplomacy will play a critical role in
leveraging the Department's resources to support State
and municipal governments in conducting subnational
engagement and increasing cooperation with foreign
allies and partners; and
(3) in facilitating such subnational engagements, the
Department should engage with a broad array of United
States cities without regard to their population size
or location;
(c) Strategic Plan.--The Special Representative for
Subnational Diplomacy shall submit a strategic plan to the
appropriate congressional committees for the operations of the
Unit for Subnational Diplomacy, including the Department's
plans for--
(1) supporting subnational engagements involving
policymakers from urban and rural areas to improve
United States foreign policy effectiveness;
(2) enhancing the awareness, understanding, and
involvement of United States citizens, including
citizens residing in urban and rural areas, in the
foreign policy process;
(3) countering subnational diplomacy efforts from
adversarial nations;
(4) strengthening engagement with foreign subnational
governments; and
(5) any other operations that the Secretary
determines to be relevant.
(d) Rule of Construction.--Nothing in this subsection may be
construed to preclude--
(1) the Unit for Subnational Diplomacy Office from
being elevated to a bureau within the Department; or
(2) the Special Representative for Subnational
Diplomacy from being elevated to an Assistant Secretary
if the addition of such Assistant Secretary position
does not increase the number of Assistant Secretary
positions at the Department above the number of such
positions authorized under section 1(c)(1) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(1)).
TITLE XCII--PERSONNEL ISSUES
SEC. 9201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP PROGRAM.
(a) In General.--The Secretary shall establish the Department
of State Student Internship Program (referred to in this
section as the ``Program'') to offer internship opportunities
at the Department to eligible students to raise awareness of
the essential role of diplomacy in the conduct of United States
foreign policy and the realization of United States foreign
policy objectives.
(b) Eligibility.--
(1) In general.--An applicant is eligible to
participate in the Program if the applicant is enrolled
at--
(A) an institution of higher education (as
such term is defined in section 102(a) of the
Higher Education Act of 1965 (20 U.S.C.
1002(a))); or
(B) an institution of higher education based
outside the United States, as determined by the
Secretary of State.
(2) Additional eligibility criteria.--An applicant in
the Program should be--
(A) enrolled at least half-time in an
institution described in paragraph (1); and
(B) eligible to receive and hold an
appropriate security clearance.
(c) Selection.--The Secretary shall establish selection
criteria for students to be admitted into the Program that
includes a demonstrated interest in a career in foreign
affairs.
(d) Outreach.--The Secretary shall--
(1) widely advertise the Program, including--
(A) on the internet;
(B) through the Department's Diplomats in
Residence program; and
(C) through other outreach and recruiting
initiatives targeting undergraduate and
graduate students; and
(2) conduct targeted outreach to encourage
participation in the Program from--
(A) individuals belonging to an
underrepresented group; and
(B) students enrolled at minority-serving
institutions (which shall include any
institution listed in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(e) Compensation.--
(1) Housing assistance.--
(A) Abroad.--The Secretary shall provide
housing assistance to any student participating
in the Program whose permanent address is
within the United States if the location of the
internship in which such student is
participating is outside of the United States.
(B) Domestic.--The Secretary may provide
housing assistance to a student participating
in the Program whose permanent address is
within the United States if the location of the
internship in which such student is
participating is more than 50 miles away from
such student's permanent address.
(2) Travel assistance.--The Secretary shall provide a
student participating in the Program whose permanent
address is within the United States with financial
assistance that is sufficient to cover the travel costs
of a single round trip by air, train, bus, or other
appropriate transportation between the student's
permanent address and the location of the internship in
which such student is participating if such location
is--
(A) more than 50 miles from the student's
permanent address; or
(B) outside of the United States.
(f) Working With Institutions of Higher Education.--The
Secretary, to the maximum extent practicable, shall structure
internships to ensure that such internships satisfy criteria
for academic credit at the institutions of higher education in
which participants in such internships are enrolled.
(g) Transition Period.--
(1) In general.--Except as provided in paragraphs (2)
and (3), beginning not later than 2 years after the
date of the enactment of this Act--
(A) the Secretary shall convert unpaid
internship programs of the Department,
including the Foreign Service Internship
Program, to internship programs that offer
compensation; and
(B) upon selection as a candidate for entry
into an internship program of the Department, a
participant in such internship program may
refuse compensation, including if doing so
allows such participant to receive college or
university curricular credit.
(2) Exception.--The transition required under
paragraph (1) shall not apply to unpaid internship
programs of the Department that are part of the Virtual
Student Federal Service internship program.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1)(A) with respect
to a particular unpaid internship program if
the Secretary, not later than 30 days after
making a determination that the conversion of
such internship program to a compensated
internship program would not be consistent with
effective management goals, submits a report
explaining such determination to--
(i) the appropriate congressional
committees;
(ii) the Committee on Appropriations
of the Senate; and
(iii) the Committee on Appropriations
of the House of Representatives.
(B) Report.--The report required under
subparagraph (A) shall--
(i) describe the reasons why
converting an unpaid internship program
of the Department to an internship
program that offers compensation would
not be consistent with effective
management goals; and
(ii)(I) provide justification for
maintaining such unpaid status
indefinitely; or
(II) identify any additional
authorities or resources that would be
necessary to convert such unpaid
internship program to offer
compensation in the future.
(h) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit a report to
the committees referred to in subsection (g)(3)(A) that
includes--
(1) data, to the extent the collection of such
information is permissible by law, regarding the number
of students who applied to the Program, were offered a
position, and participated, respectively, disaggregated
by race, ethnicity, sex, institution of higher
education, home State, State where each student
graduated from high school, and disability status;
(2) data regarding the number of security clearance
investigations initiated for the students described in
paragraph (1), including the timeline for such
investigations, whether such investigations were
completed, and when an interim security clearance was
granted;
(3) information on Program expenditures;
(4) information regarding the Department's compliance
with subsection (g); and
(5) the number of internship participants
subsequently employed by the Department, if any,
following their participation in the Program.
(i) Voluntary Participation.--
(1) In general.--Nothing in this section may be
construed to compel any student who is a participant in
an internship program of the Department to participate
in the collection of the data or divulge any personal
information. Such students shall be informed that their
participation in the data collection under this section
is voluntary.
(2) Privacy protection.--Any data collected under
this section shall be subject to the relevant privacy
protection statutes and regulations applicable to
Federal employees.
(j) Special Hiring Authority.--Notwithstanding any other
provision of law, the Secretary, in consultation with the
Director of the Office of Personnel Management, with respect to
the number of interns to be hired each year, may--
(1) select, appoint, and employ individuals for up to
1 year through compensated internships in the excepted
service; and
(2) remove any compensated intern employed pursuant
to paragraph (1) without regard to the provisions of
law governing appointments in the excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE RESPONSE TO,
HARASSMENT, DISCRIMINATION, SEXUAL ASSAULT, AND
RELATED RETALIATION.
(a) Policies.--The Secretary should develop and strengthen
policies regarding harassment, discrimination, sexual assault,
and related retaliation, including policies for--
(1) addressing, reporting, and providing
transitioning support;
(2) advocacy, service referrals, and travel
accommodations; and
(3) disciplining personnel that violate Department
policies regarding harassment, discrimination, sexual
assault, or related retaliation.
(b) Disciplinary Action.--
(1) Separation for cause.--Section 610(a)(1) of the
Foreign Service Act of 1980 (22 U.S.C. 4010(a)(1)), is
amended--
(A) by striking ``decide to''; and
(B) by inserting ``, including upon receiving
notification from the Bureau of Diplomatic
Security that such member has engaged in
criminal misconduct, such as murder, rape, or
other sexual assault'' before the period at the
end.
(2) Update to manual.--The Director of Global Talent
Management shall--
(A) update the ``Grounds for Disciplinary
Action'' and ``List of Disciplinary Offenses
and Penalties'' sections of the Foreign Affairs
Manual to reflect the amendments made under
paragraph (1); and
(B) communicate such updates to Department
staff through publication in Department
Notices.
(c) Sexual Assault Prevention and Response Victim
Advocates.--The Secretary shall ensure that the Diplomatic
Security Service's Victims' Resource Advocacy Program--
(1) is appropriately staffed by advocates who are
physically present at--
(A) the headquarters of the Department; and
(B) major domestic and international
facilities and embassies, as determined by the
Secretary;
(2) considers the logistics that are necessary to
allow for the expedient travel of victims from
Department facilities that do not have advocates; and
(3) uses funds available to the Department to provide
emergency food, shelter, clothing, and transportation
for victims involved in matters being investigated by
the Diplomatic Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR SCIENCE AND
TECHNOLOGY FELLOWSHIP GRANTS AND COOPERATIVE
AGREEMENTS.
Section 504(e)(3) of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking
``$500,000'' and inserting ``$2,000,000''.
SEC. 9204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN HIRING AND
INVESTIGATIONS.
(a) In General.--The Secretary shall seek to increase the
number of personnel within the Bureau of Global Talent
Management and the Office of Civil Rights to address backlogs
in hiring and investigations into complaints conducted by the
Office of Civil Rights.
(b) Employment Targets.--The Secretary shall seek to employ--
(1) not fewer than 15 additional personnel in the
Bureau of Global Talent Management and the Office of
Civil Rights (compared to the number of personnel so
employed as of the day before the date of the enactment
of this Act) by the date that is 180 days after such
date of enactment; and
(2) not fewer than 15 additional personnel in such
Bureau and Office (compared to the number of personnel
so employed as of the day before the date of the
enactment of this Act) by the date that is 1 year after
such date of enactment.
SEC. 9205. FOREIGN AFFAIRS TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has recognized, including in division E
of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), that the Department is a
crucial national security agency, whose employees, both
Foreign Service and Civil Service, require the best
possible training and professional development at every
stage of their careers to prepare them to promote and
defend United States national interests and the health
and safety of United States citizens abroad; and
(2) the new and evolving challenges of national
security in the 21st century necessitate the expansion
of standardized training and professional development
opportunities linked to equal, accountable, and
transparent promotion and leadership practices for
Department and other national security agency
personnel.
(b) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(c) Training and Professional Development Prioritization.--
Section 5108(c) of division E of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended to read as follows:
``(c) Training and Professional Development Prioritization.--
In order to provide the Civil Service and the Foreign Service
with the level of professional development and training needed
to effectively advance United States interests across the
world, the Secretary of State shall--
``(1) increase relevant offerings provided by the
Department of State--
``(A) of interactive virtual instruction to
make training and professional development more
accessible and useful to personnel deployed
throughout the world; or
``(B) at partner organizations, including
universities, industry entities, and
nongovernmental organizations, throughout the
United States to provide useful outside
perspectives to Department of State personnel
by providing such personnel--
``(i) a more comprehensive outlook on
different sectors of United States
society;
``(ii) practical experience dealing
with commercial corporations,
universities, labor unions, and other
institutions critical to United States
diplomatic success; and
``(iii) courses specifically focused
on commercial diplomacy that increase
the understanding of private sector
needs that arise as United States
companies enter and compete in the
international market;
``(2) provide the opportunity to participate in
courses using computer-based or computer-assisted
simulations, allowing civilian officers to lead
decision making in a crisis environment, and encourage
officers of the Department of State, and reciprocally,
officers of other Federal departments to participate in
similar exercises held by the Department of State or
other government organizations and the private sector;
``(3) increase the duration and expand the focus of
certain training and professional development courses,
including by extending--
``(A) the A-100 entry-level course to as long
as 12 weeks, which better matches the length of
entry-level training and professional
development provided to the officers in other
national security departments and agencies; and
``(B) the Chief of Mission course to as long
as 6 weeks for first time Chiefs of Mission and
creating comparable courses for new Assistant
Secretaries and Deputy Assistant Secretaries to
more accurately reflect the significant
responsibilities accompanying such roles; and
``(4) ensure that Foreign Service officers who are
assigned to a country experiencing significant
population displacement due to the impacts of climatic
and non-climatic shocks and stresses, including rising
sea levels and lack of access to affordable and
reliable energy and electricity, receive specific
instruction on United States policy with respect to
resiliency and adaptation to such climatic and non-
climatic shocks and stresses.''.
(d) Fellowships.--The Director General of the Foreign Service
shall--
(1) expand and establish new fellowship programs for
Foreign Service and Civil Service officers that include
short- and long-term opportunities at organizations,
including--
(A) think tanks and nongovernmental
organizations;
(B) the Department of Defense and other
relevant Federal agencies;
(C) industry entities, especially such
entities related to technology, global
operations, finance, and other fields directly
relevant to international affairs; and
(D) schools of international relations and
other relevant programs at universities
throughout the United States; and
(2) not later than 180 days after the date of the
enactment of this Act, submit a report to Congress that
describes how the Department could expand the Pearson
Fellows Program for Foreign Service Officers and the
Brookings Fellow Program for Civil Servants to provide
fellows in such programs with the opportunity to
undertake a follow-on assignment within the Department
in an office in which fellows will gain practical
knowledge of the people and processes of Congress,
including offices other than the Legislative Affairs
Bureau, including--
(A) an assessment of the current state of
congressional fellowships, including the demand
for fellowships, support for applicants to
pursue and perform such fellowships, and the
value the fellowships provide to both the
career of the officer and to the Department;
and
(B) an assessment of the options for making
congressional fellowships for both the Foreign
Service and the Civil Service more career-
enhancing.
(e) Board of Visitors of the Foreign Service Institute.--
(1) Establishment.--The Secretary is authorized to
establish a Board of Visitors of the Foreign Service
Institute (referred to in this subsection as the
``Board''). It is the sense of Congress that the Board
should be established not later than 1 year after the
date of the enactment of this Act.
(2) Duties.--The Board authorized by this subsection
shall be comprised of 12 members, who shall be
appointed by the Secretary and shall provide the
Secretary with independent advice and recommendations
regarding organizational management, strategic
planning, resource management, curriculum development,
and other matters of interest to the Foreign Service
Institute, including regular observations about how
well the Department is integrating training and
professional development into the work of the Bureau
for Global Talent Management.
(3) Membership.--
(A) Qualifications.--Members of the Board
shall be appointed from among individuals who--
(i) are not officers or employees of
the Federal Government; and
(ii) are eminent authorities in the
fields of diplomacy, national security,
management, leadership, economics,
trade, technology, or advanced
international relations education.
(B) Outside expertise.--
(i) In general.--Not fewer than 6
members of the Board shall have a
minimum of 10 years of relevant
expertise outside the field of
diplomacy.
(ii) Prior senior service at the
department.--Not more than 6 members of
the Board may be persons who previously
served in the Senior Foreign Service or
the Senior Executive Service at the
Department.
(4) Terms.--Each member of the Board shall be
appointed for a term of 3 years, except that of the
members first appointed--
(A) 4 members shall be appointed for a term
of 3 years;
(B) 4 members shall be appointed for a term
of 2 years; and
(C) 4 members shall be appointed for a term
of 1 year.
(5) Chairperson; vice chairperson.--
(A) Approval.--The Chairperson and Vice
Chairperson of the Board shall be approved by
the Secretary of State based upon a
recommendation from the members of the Board.
(B) Service.--The Chairperson and Vice
Chairperson shall serve at the discretion of
the Secretary.
(6) Meetings.--The Board shall meet--
(A) at the call of the Director of the
Foreign Service Institute and the Chairperson;
and
(B) not fewer than 2 times per year.
(7) Compensation.--Each member of the Board shall
serve without compensation, except that a member of the
Board shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their
homes or regular places of business in the performance
of service for the Board. Notwithstanding section 1342
of title 31, United States Code, the Secretary may
accept the voluntary and uncompensated service of
members of the Board.
(8) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Board established under this
subsection.
(f) Establishment of Provost of the Foreign Service
Institute.--
(1) Establishment.--There is established in the
Foreign Service Institute the position of Provost.
(2) Appointment; reporting.--The Provost shall--
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign
Service Institute.
(3) Qualifications.--The Provost, who should be a
member of the Senior Executive Service, shall have--
(A) experience in the field of diplomacy,
national security, education, management,
leadership, economics, history, trade, adult
education, or technology; and
(B) significant experience outside the
Department, whether in other national security
agencies or in the private sector, and
preferably in positions of authority in
educational institutions or the field of
professional development and mid-career
training with oversight for the evaluation of
academic programs.
(4) Duties.--The Provost shall--
(A) oversee, review, evaluate, and coordinate
the academic curriculum for all courses taught
and administered by the Foreign Service
Institute; and
(B) coordinate the development of an
evaluation system to ascertain the utility of
the information and skills imparted by each
such course, such that, to the extent
practicable, performance assessments can be
included in the personnel records maintained by
the Bureau of Global Talent Management and
utilized in Foreign Service Selection Boards.
(5) Compensation.--The Provost shall receive a salary
commensurate with the rank and experience of a member
of the Senior Executive Service, as determined by the
Secretary.
(g) Other Agency Responsibilities and Opportunities for
Congressional Staff.--
(1) Other agencies.--National security agencies other
than the Department should be afforded the ability to
increase the enrollment of their personnel in courses
at the Foreign Service Institute and other training and
professional development facilities of the Department
to promote a whole-of-government approach to mitigating
national security challenges.
(2) Congressional staff.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate
committees of Congress that describes--
(A) the training and professional development
opportunities at the Foreign Service Institute
and other Department facilities available to
congressional staff;
(B) the budget impacts of offering such
opportunities to congressional staff; and
(C) potential course offerings.
(h) Strategy for Adapting Training Requirements for Modern
Diplomatic Needs.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall
develop and submit to the appropriate committees of
Congress a strategy for adapting and evolving training
requirements to better meet the Department's current
and future needs for 21st century diplomacy.
(2) Elements.--The strategy required under paragraph
(1) shall include the following elements:
(A) Integrating training requirements into
the Department's promotion policies, including
establishing educational and professional
development standards for training and
attainment to be used as a part of tenure and
promotion guidelines.
(B) Addressing multiple existing and emerging
national security challenges, including--
(i) democratic backsliding and
authoritarianism;
(ii) countering, and assisting United
States allies to address, state-
sponsored disinformation, including
through the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign
influence of Russia, Cuba, Iran, North
Korea, the Maduro Regime, and the
Chinese Communist Party's multi-faceted
and comprehensive challenge to the
rules-based order;
(v) the implications of climate
change for United States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages
and disadvantages of establishing residential
training for the A-100 orientation course
administered by the Foreign Service Institute
and evaluating the feasibility of residential
training for other long-term training
opportunities.
(D) An examination of the likely advantages
and disadvantages of establishing a press
freedom curriculum for the National Foreign
Affairs Training Center that enables Foreign
Service officers to better understand issues of
press freedom and the tools that are available
to help protect journalists and promote freedom
of the press norms, which may include--
(i) the historic and current issues
facing press freedom, including
countries of specific concern;
(ii) the Department's role in
promoting press freedom as an American
value, a human rights issue, and a
national security imperative;
(iii) ways to incorporate press
freedom promotion into other aspects of
diplomacy; and
(iv) existing tools to assist
journalists in distress and methods for
engaging foreign governments and
institutions on behalf of individuals
engaged in journalistic activity who
are at risk of harm.
(E) The expansion of external courses offered
by the Foreign Service Institute at academic
institutions or professional associations on
specific topics, including in-person and
virtual courses on monitoring and evaluation,
audience analysis, and the use of emerging
technologies in diplomacy.
(3) Utilization of existing resources.--In examining
the advantages and disadvantages of establishing a
residential training program pursuant to paragraph
(2)(C), the Secretary shall--
(A) collaborate with other national security
departments and agencies that employ
residential training for their orientation
courses; and
(B) consider using the Department's Foreign
Affairs Security Training Center in Blackstone,
Virginia.
(i) Report and Briefing Requirements.--
(1) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate committees of Congress that
includes--
(A) a strategy for broadening and deepening
professional development and training at the
Department, including assessing current and
future needs for 21st century diplomacy;
(B) the process used and resources needed to
implement the strategy referred to in
subparagraph (A) throughout the Department; and
(C) the results and impact of the strategy on
the workforce of the Department, particularly
the relationship between professional
development and training and promotions for
Department personnel, and the measurement and
evaluation methods used to evaluate such
results.
(2) Briefing.--Not later than 1 year after the date
on which the Secretary submits the report required
under paragraph (1), and annually thereafter for 2
years, the Secretary shall provide to the appropriate
committees of Congress a briefing on the information
required to be included in the report.
(j) Foreign Language Maintenance Incentive Program.--
(1) Authorization.--The Secretary is authorized to
establish and implement an incentive program, with a
similar structure as the Foreign Language Proficiency
Bonus offered by the Department of Defense, to
encourage members of the Foreign Service who possess
language proficiency in any of the languages that
qualify for additional incentive pay, as determined by
the Secretary, to maintain critical foreign language
skills.
(2) Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate committees of Congress that
includes a detailed plan for implementing the program
authorized under paragraph (1), including anticipated
resource requirements to carry out such program.
SEC. 9206. FACILITATION AND ENCOURAGEMENT OF TRAINING AND PROFESSIONAL
DEVELOPMENT FOR FOREIGN SERVICE AND CIVIL SERVICE
PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that
recognition throughout the Department of the value and
importance of training and professional development for Foreign
Service and Civil Service personnel is vital to the development
and maintenance by such personnel of the skills and expertise
required for the Department to contribute fully and effectively
to the conduct of the foreign affairs of the United States.
(b) Study and Report.--
(1) In general.--The Secretary, in consultation with
the heads of relevant Federal agencies, shall conduct a
study of the feasibility and cost of establishing a
diplomatic officers' reserve corps or similar mechanism
to augment the Department's personnel needs at any
level on a temporary or permanent basis.
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary shall consider whether the
diplomatic officers' reserve corps should be modeled on
the Senior Reserve Officers' Training Corps established
under chapter 103 of title 10, United States Code, to
encourage the recruitment and retention of personnel
who have the critical language skills necessary to meet
the requirements of the Foreign Service by providing
financial assistance to students studying critical
languages at institutions of higher education.
(3) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees that
contains the results of the study conducted pursuant to
paragraph (1).
(c) Training and Development in Promotion Precepts and
Evaluation Criteria.--
(1) Foreign service.--The Secretary shall take
appropriate action to ensure accountability and
transparency in the evaluation of the precepts
described in section 603 of the Foreign Service Act of
1980 (22 U.S.C. 4003) upon which the selection boards
established pursuant to section 602 of such Act (22
U.S.C. 4002) make recommendations for the promotion of
members of the Foreign Service under section 601 of
such Act (22 U.S.C. 4001) by affording equal
consideration to the undertaking of training,
professional development, and foreign language
acquisition and retention among any other objective
criteria considered by selection boards in making such
recommendations.
(2) Civil service.--The Secretary shall take
appropriate action to ensure that the performance
standards for any job performance appraisal system for
Civil Service personnel of the Department afford equal
consideration to the undertaking of training,
professional development, and foreign language
acquisition and retention among any other objective
criteria in the evaluation of the job performance of
such personnel.
(d) Response to Subordinate Training and Development Needs in
Evaluation of Supervisor Performance.--
(1) Foreign service.--The Secretary shall take
appropriate action to ensure that the evaluation of
precepts for recommendations for promotion described in
subsection (c)(1) for members of the Foreign Service in
supervisory positions incorporates the extent to which
such members appropriately address the training and
professional development needs of the personnel under
their supervision.
(2) Civil service.--The Secretary shall take
appropriate action to ensure that the performance
standards described in subsection (c)(2) for Civil
Service personnel of the Department in supervisory
positions afford appropriate weight to addressing the
training and professional development needs of the
personnel under their supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.
(a) Recommendations.--Not later than 270 days after the date
of the enactment of this Act, the Secretary, in coordination
with the Director of National Intelligence, shall submit
recommendations to the appropriate congressional committees for
streamlining the security clearance approval process within the
Bureau of Diplomatic Security so that the security clearance
approval process for Civil Service and Foreign Service
applicants is completed within 6 months, on average, and within
1 year, in the vast majority of cases.
(b) Report.--Not later than 90 days after the recommendations
are submitted pursuant to subsection (a), the Secretary shall
submit a report to the Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Permanent Select Committee on Intelligence of the House
of Representatives that--
(1) describes the status of the efforts of the
Department to streamline the security clearance
approval process; and
(2) identifies any remaining obstacles preventing
security clearances from being completed within the
time frames set forth in subsection (a), including lack
of cooperation or other actions by other Federal
departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an addendum to the report
required under section 5302 of the Department of State
Authorization Act of 2021 (division E of Public Law 117-81),
which shall be entitled the ``Report on Bidding for Domestic
and Overseas Posts and Filling Unfilled Positions''. The
addendum shall be prepared using input from the same federally
funded research and development center that prepared the
analysis conducted for the purposes of such report.
(b) Elements.--The addendum required under subsection (a)
shall include--
(1) the total number of domestic and overseas
positions open during the most recent summer bidding
cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the
conclusion of the most recent summer bidding cycle,
disaggregated by bureau; and
(4) detailed recommendations and a timeline for--
(A) increasing the number of qualified
bidders for underbid positions; and
(B) minimizing the number of unfilled
positions at the end of the bidding season.
SEC. 9209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF PRIVILEGES
AND IMMUNITIES.
(a) Curtailments Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Secretary shall submit a report to the
appropriate congressional committees regarding
curtailments of Department personnel from overseas
posts.
(2) Contents.--The Secretary shall include in the
report required under paragraph (1)--
(A) relevant information about any post that,
during the 6-month period preceding the
report--
(i) had more than 5 curtailments; or
(ii) had curtailments representing
more than 5 percent of Department
personnel at such post; and
(B) for each post referred to in subparagraph
(A), the number of curtailments, disaggregated
by month of occurrence.
(C) Additional contents for initial report.--
The initial report submitted pursuant to
paragraph (1) shall identify--
(i) the number of curtailments at the
Deputy Chief of Mission or Principal
Officer level for each of the previous
5 years; and
(ii) to the extent practicable--
(I) the number of such
curtailments that were
voluntary and the number of
such curtailments that were
involuntary; and
(II) the number of those
curtailed who left the service
within 1 year after such
curtailment.
(b) Removal of Diplomats.--Not later than 20 days after the
date on which any United States personnel under Chief of
Mission authority is declared persona non grata by a host
government, the Secretary shall--
(1) notify the Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the
Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Permanent Select Committee
on Intelligence of the House of Representatives of such
declaration; and
(2) include with such notification--
(A) the official reason for such declaration
(if provided by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by
declaring a host government's diplomat in the
United States persona non grata.
(c) Waiver of Privileges and Immunities.--Not later than 15
days after any waiver of privileges and immunities pursuant to
the Vienna Convention on Diplomatic Relations, done at Vienna
April 18, 1961, that is applicable to an entire diplomatic post
or to the majority of United States personnel under Chief of
Mission authority, the Secretary shall notify the appropriate
congressional committees of such waiver and the reason for such
waiver.
(d) Termination.--This section shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees on the feasibility
of requiring that each member of the Foreign Service, at the
time of entry into the Foreign Service and thereafter, be
worldwide available, as determined by the Secretary.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the feasibility of a worldwide availability
requirement for all members of the Foreign Service;
(2) considerations if such a requirement were to be
implemented, including the potential effect on
recruitment and retention; and
(3) recommendations for exclusions and limitations,
including exemptions for medical reasons, disability,
and other circumstances.
SEC. 9211. PROFESSIONAL DEVELOPMENT.
(a) Requirements.--The Secretary shall strongly encourage
that Foreign Service officers seeking entry into the Senior
Foreign Service participate in professional development
described in subsection (c).
(b) Requirements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit
recommendations on requiring that Foreign Service officers
complete professional development described in subsection (c)
to be eligible for entry into the Senior Foreign Service.
(c) Professional Development Described.--Professional
development described in this subsection is not less than 6
months of training or experience outside of the Department,
including time spent--
(1) as a detailee to another government agency,
including Congress or a State, Tribal, or local
government; or
(2) in Department-sponsored and -funded university
training that results in an advanced degree, excluding
time spent at a university that is fully funded or
operated by the Federal Government.
(d) Promotion Precepts.--The Secretary shall instruct
promotion boards to consider positively long-term training and
out-of-agency detail assignments as described in this section.
SEC. 9212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Beginning not later than 1 year after the
date of the enactment of this Act, the Secretary shall annually
conduct, at each diplomatic and consular post, a voluntary
survey, which shall be offered to all staff assigned to that
post who are citizens of the United States (excluding the Chief
of Mission) to assess the management and leadership of that
post by the Chief of Mission, the Deputy Chief of Mission, and
the Charge d'Affaires.
(b) Anonymity.--All responses to the survey shall be--
(1) fully anonymized; and
(2) made available to the Director General of the
Foreign Service.
(c) Survey.--The survey shall seek to assess--
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination,
retaliation, or other mistreatment; and
(4) effective leadership and collegial work
environment.
(d) Director General Recommendations.--Upon compilation and
review of the surveys, the Director General of the Foreign
Service shall issue recommendations to posts, as appropriate,
based on the findings of the surveys.
(e) Referral.--If the surveys reveal any action that is
grounds for referral to the Inspector General of the Department
of State and the Foreign Service, the Director General of the
Foreign Service may refer the matter to the Inspector General
of the Department of State and the Foreign Service, who shall,
as the Inspector General considers appropriate, conduct an
inspection of the post in accordance with section 209(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3929(b)).
(f) Annual Report.--The Director General of the Foreign
Service shall submit an annual report to the appropriate
congressional committees that includes--
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended
or taken in response to any issues identified by the
surveys; and
(3) the number of referrals to the Inspector General
of the Department of State and the Foreign Service, as
applicable.
(g) Initial Basis.--The surveys and reports required under
this section shall be carried out on an initial basis for the
5-year period beginning on the date of the enactment of this
Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a comprehensive review of the policies, personnel,
organization, and processes related to promotions within the
Department, including--
(1) a review of--
(A) the selection and oversight of Foreign
Service promotion panels; and
(B) the use of quantitative data and metrics
in such panels;
(2) an assessment of the promotion practices of the
Department, including how promotion processes are
communicated to the workforce and appeals processes;
and
(3) recommendations for improving promotion panels
and promotion practices.
SEC. 9214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF STATION
(PCS) ORDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall establish a mechanism for third
parties to verify the employment of, and the validity of
permanent change of station (PCS) orders received by, members
of the Foreign Service, in a manner that protects the safety,
security, and privacy of sensitive employee information.
SEC. 9215. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS
AT THE DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized
the importance of preventing and mitigating the
potential for conflicts of interest following
government service, including with respect to senior
United States officials working on behalf of foreign
governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment
restrictions.
(b) Restrictions.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following:
``(m) Extended Post-employment Restrictions for Certain
Senate-confirmed Officials.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country
of concern' means--
``(i) the People's Republic of China;
``(ii) the Russian Federation;
``(iii) the Islamic Republic of Iran;
``(iv) the Democratic People's
Republic of Korea;
``(v) the Republic of Cuba; and
``(vi) the Syrian Arab Republic.
``(B) Foreign government entity.--The term
`foreign governmental entity' includes--
``(i) any person employed by--
``(I) any department, agency,
or other entity of a foreign
government at the national,
regional, or local level;
``(II) any governing party or
coalition of a foreign
government at the national,
regional, or local level; or
``(III) any entity majority-
owned or majority-controlled by
a foreign government at the
national, regional, or local
level; and
``(ii) in the case of a country of
concern, any company, economic project,
cultural organization, exchange
program, or nongovernmental
organization that is more than 33
percent owned or controlled by the
government of such country.
``(C) Representation.--The term
`representation' does not include
representation by an attorney, who is duly
licensed and authorized to provide legal advice
in a United States jurisdiction, of a person or
entity in a legal capacity or for the purposes
of rendering legal advice.
``(2) Secretary of state and deputy secretary of
state.--With respect to a person serving as the
Secretary of State or the Deputy Secretary of State,
the restrictions described in section 207(f)(1) of
title 18, United States Code, shall apply to any such
person who knowingly represents, aids, or advises a
foreign governmental entity before an officer or
employee of the executive branch of the United States
with the intent to influence a decision of such officer
or employee in carrying out his or her official duties
at any time after the termination of such person's
service as Secretary or Deputy Secretary.
``(3) Under secretaries, assistant secretaries, and
ambassadors.--With respect to a person serving as an
Under Secretary, Assistant Secretary, or Ambassador at
the Department of State or as the United States
Permanent Representative to the United Nations, the
restrictions described in section 207(f)(1) of title
18, United States Code, shall apply to any such person
who knowingly represents, aids, or advises--
``(A) a foreign governmental entity before an
officer or employee of the executive branch of
the United States with the intent to influence
a decision of such officer or employee in
carrying out his or her official duties for 3
years after the termination of such person's
service in a position described in this
paragraph, or the duration of the term or terms
of the President who appointed that person to
their position, whichever is longer; or
``(B) a foreign governmental entity of a
country of concern before an officer or
employee of the executive branch of the United
States with the intent to influence a decision
of such officer or employee in carrying out his
or her official duties at any time after the
termination of such person's service in a
position described in this paragraph.
``(4) Penalties and injunctions.--Any violations of
the restrictions under paragraphs (2) or (3) shall be
subject to the penalties and injunctions provided for
under section 216 of title 18, United States Code.
``(5) Notice of restrictions.--Any person subject to
the restrictions under this subsection shall be
provided notice of these restrictions by the Department
of State--
``(A) upon appointment by the President; and
``(B) upon termination of service with the
Department of State.
``(6) Effective date.--The restrictions under this
subsection shall apply only to persons who are
appointed by the President to the positions referenced
in this subsection on or after 120 days after the date
of the enactment of the Department of State
Authorization Act of 2022.
``(7) Sunset.--The restrictions under this subsection
shall expire on the date that is 5 years after the date
of the enactment of the Department of State
Authorization Act of 2022.''.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES FOR CERTAIN
MONTHLY WORKERS' COMPENSATION PAYMENTS AND OTHER
PAYMENTS.
Section 901 of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding
at the end the following:
``(j) Expansion of Authorities.--The head of any Federal
agency may exercise the authorities of this section, including
to designate an incident, whether the incident occurred in the
United States or abroad, for purposes of subparagraphs (A)(ii)
and (B)(ii) of subsection (e)(4) when the incident affects
United States Government employees of the agency or their
dependents who are not under the security responsibility of the
Secretary of State as set forth in section 103 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4802) or when operational control of overseas security
responsibility for such employees or dependents has been
delegated to the head of the agency.''.
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of State for
Management shall submit a report to the appropriate
congressional committees describing the implementation of the
pilot program for lateral entry into the Foreign Service
required under section 404(b) of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323; 130
Stat. 1928).
(b) Matters to Be Included.--The report required under
subsection (a) shall include--
(1) the current status of implementation of the pilot
program, including a summary of concrete steps taken by
the Department to implement the pilot program;
(2) an explanation of any delays in implementation of
the pilot program;
(3) the number of mid-career individuals from the
Civil Service of the Department and the private sector
who are expected to participate in the pilot program
during fiscal year 2023, disaggregated, to the extent
practicable and to the maximum extent that the
collection of such data is permissible by law, by sex,
age, race and ethnicity, geographic origin, and past
occupation;
(4) an analysis of the skills gap identified by the
Department for the use of the pilot program's flexible-
hiring mechanism;
(5) any legal justification provided by the Office of
the Legal Adviser of the Department if the Department
did not implement the pilot program; and
(6) the estimated date by which the Department is
expected to implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER TEST.
Not later than December 1, 2023, the Secretary shall submit a
report to the appropriate congressional committees describing
and justifying any changes made during fiscal years 2022 and
2023 to the Foreign Service entry process, including--
(1) the use of artificial intelligence, including
deep textual analysis, in any portion of the entry
process and its impacts on recruitment into the Foreign
Service;
(2) the use of virtual formats for any portion of the
entry process and its impacts on recruitment into the
Foreign Service; and
(3) the entities, groups, or individuals informed of
or consulted on any changes to the Foreign Service
entry process during the 1-year period immediately
preceding the implementation of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE FOREIGN
SERVICE.
The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by
striking ``handicapping condition'' and inserting
``disability'';
(2) in section 105 (22 U.S.C. 3905), by striking
``handicapping condition'' each place such term appears
and inserting ``disability'';
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)),
by striking ``handicapping condition'' and inserting
``disability''; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by
striking ``handicapping condition'' and inserting
``disability''.
SEC. 9220. EXPANDING SCOPE OF FELLOWSHIP PROGRAMS TO INCLUDE CIVIL
SERVANTS.
(a) In General.--Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended--
(1) in the first sentence--
(A) by inserting ``or the Civil Service''
after ``with the Foreign Service''; and
(B) by striking ``Foreign service Act of
1980'' and inserting ``Foreign Service Act of
1980''; and
(2) in the second sentence, by inserting ``or the
Civil Service'' after ``Foreign Service''.
(b) Initial Report.--Not later than 30 days before expanding
participation to include civil servants in any fellowship
program of the Department, the Secretary shall submit a report
to the appropriate congressional committees that--
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such
program.
(c) Follow-up Report.--Not later than 1 year after the
expansion of any fellowship program authorized under this
section, the Secretary shall submit a follow-up report to the
appropriate congressional committees that describes how the
expansion of participation in such program has impacted the
effectiveness of the program.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
SEC. 9301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.
(a) Short Title.--This section may be cited as the ``Secure
Embassy Construction and Counterterrorism Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) The Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of
appendix G of Public Law 106-113) was a necessary
response to bombings on August 7, 1998, at the United
States embassies in Nairobi, Kenya, and in Dar es
Salaam, Tanzania, that were destroyed by simultaneously
exploding bombs. The resulting explosions killed 220
persons and injured more than 4,000 others. Twelve
Americans and 40 Kenyan and Tanzanian employees of the
United States Foreign Service were killed in the
attacks.
(2) Those bombings, followed by the expeditionary
diplomatic efforts in Iraq and Afghanistan,
demonstrated the need to prioritize the security of
United States posts and personnel abroad above other
considerations.
(3) Between 1999 and 2022, the risk calculus of the
Department impacted the ability of United States
diplomats around the world to advance the interests of
the United States through access to local populations,
leaders, and places.
(4) America's competitors and adversaries do not have
the same restrictions that United States diplomats
have, especially in critically important medium-threat
and high-threat posts.
(5) The Department's 2021 Overseas Security Panel
report states that--
(A) the requirement for setback and
collocation of diplomatic posts under
paragraphs (2) and (3) of section 606(a) of the
Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C.
4865(a)) has led to skyrocketing costs of new
embassies and consulates; and
(B) the locations of such posts have become
less desirable, creating an extremely
suboptimal nexus that further hinders United
States diplomats who are willing to accept more
risk in order to advance United States
interests.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the setback and collocation requirements referred
to in subsection (b)(5)(A), even with available
waivers, no longer provide the security such
requirements used to provide because of advancement in
technologies, such as remote controlled drones, that
can evade walls and other such static barriers;
(2) the Department should focus on creating
performance security standards that--
(A) attempt to keep the setback requirements
of diplomatic posts as limited as possible; and
(B) provide diplomats access to local
populations as much as possible, while still
providing a necessary level of security;
(3) collocation of diplomatic facilities is often not
feasible or advisable, particularly for public
diplomacy spaces whose mission is to reach and be
accessible to wide sectors of the public, including in
countries with repressive governments, since such
spaces are required to permit the foreign public to
enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should--
(A) fully utilize the waiver process provided
under paragraphs (2)(B) and (3)(B) of section
606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C.
4865(a)); and
(B) appropriately exercise such waiver
process as a tool to right-size the appropriate
security footing at each diplomatic post rather
than only approving waivers in extreme
circumstances;
(5) the return of great power competition requires--
(A) United States diplomats to do all they
can to outperform our adversaries; and
(B) the Department to better optimize use of
taxpayer funding to advance United States
national interests; and
(6) this section will better enable United States
diplomats to compete in the 21st century, while saving
United States taxpayers millions in reduced property
and maintenance costs at embassies and consulates
abroad.
(d) Definition of United States Diplomatic Facility.--Section
603 of the Secure Embassy Construction and Counterterrorism Act
of 1999 (title VI of division A of appendix G of Public Law
106-113) is amended to read as follows:
``SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
``In this title, the terms `United States diplomatic
facility' and `diplomatic facility' mean any chancery,
consulate, or other office that--
``(1) is considered by the Secretary of State to be
diplomatic or consular premises, consistent with the
Vienna Convention on Diplomatic Relations, done at
Vienna April 18, 1961, and the Vienna Convention on
Consular Relations, done at Vienna April 24, 1963, and
was notified to the host government as such; or
``(2) is otherwise subject to a publicly available
bilateral agreement with the host government (contained
in the records of the United States Department of
State) that recognizes the official status of the
United States Government personnel present at the
facility.''.
(e) Guidance and Requirements for Diplomatic Facilities.--
(1) Guidance for closure of public diplomacy
facilities.--Section 5606(a) of the Public Diplomacy
Modernization Act of 2021 (Public Law 117-81; 22 U.S.C.
1475g note) is amended to read as follows:
``(a) In General.--In order to preserve public diplomacy
facilities that are accessible to the publics of foreign
countries, not later than 180 days after the date of the
enactment of the Secure Embassy Construction and
Counterterrorism Act of 2022, the Secretary of State shall
adopt guidelines to collect and utilize information from each
diplomatic post at which the construction of a new embassy
compound or new consulate compound could result in the closure
or co-location of an American Space that is owned and operated
by the United States Government, generally known as an American
Center, or any other public diplomacy facility under the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865 et seq.).''.
(2) Security requirements for united states
diplomatic facilities.--Section 606(a) of the Secure
Embassy Construction and Counterterrorism Act of 1999
(22 U.S.C. 4865(a)) is amended--
(A) in paragraph (1)(A), by striking ``the
threat'' and inserting ``a range of threats,
including that'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``in a
location that has certain
minimum ratings under the
Security Environment Threat
List as determined by the
Secretary in his or her
discretion'' after ``abroad'';
and
(II) by inserting ``,
personnel of the Peace Corps,
and personnel of any other type
or category of facility that
the Secretary may identify''
after ``military commander'';
and
(ii) in subparagraph (B)--
(I) by amending clause (i) to
read as follows:
``(i) In general.--Subject to clause
(ii), the Secretary of State may waive
subparagraph (A) if the Secretary, in
consultation with, as appropriate, the
head of each agency employing personnel
that would not be located at the site,
if applicable, determines that it is in
the national interest of the United
States after taking account of any
considerations the Secretary in his or
her discretion considers relevant,
which may include security
conditions.''; and
(II) in clause (ii), by
striking ``(ii) Chancery or
consulate building.--'' and all
that follows through ``15 days
prior'' and inserting the
following:
``(ii) Chancery or consulate
building.--Prior''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to
read as follows:
``(A) Requirement.--
``(i) In general.--Each newly
acquired United States diplomatic
facility in a location that has certain
minimum ratings under the Security
Environment Threat List as determined
by the Secretary of State in his or her
discretion shall--
``(I) be constructed or
modified to meet the measured
building blast performance
standard applicable to a
diplomatic facility sited not
less than 100 feet from the
perimeter of the property on
which the facility is situated;
or
``(II) fulfill the criteria
described in clause (ii).
``(ii) Alternative engineering
equivalency standard requirement.--Each
facility referred to in clause (i) may,
instead of meeting the requirement
under such clause, fulfill such other
criteria as the Secretary is authorized
to employ to achieve an engineering
standard of security and degree of
protection that is equivalent to the
numerical perimeter distance setback
described in such clause seeks to
achieve.''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking
``security
considerations permit
and''; and
(bb) by inserting
``after taking account
of any considerations
the Secretary in his or
her discretion
considers relevant,
which may include
security conditions''
after ``national
interest of the United
States'';
(II) in clause (ii), by
striking ``(ii) Chancery or
consulate building.--'' and all
that follows through ``15 days
prior'' and inserting the
following:
``(ii) Chancery or consulate
building.--Prior''; and
(III) in clause (iii), by
striking ``an annual'' and
inserting ``a quarterly''.
SEC. 9302. DIPLOMATIC SUPPORT AND SECURITY.
(a) Short Title.--This section may be cited as the
``Diplomatic Support and Security Act of 2022''.
(b) Findings.--Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of
an effective foreign policy, particularly in volatile
environments where a flexible and timely diplomatic
response can be decisive in preventing and addressing
conflict.
(2) Diplomats routinely put themselves and their
families at great personal risk to serve their country
overseas where they face threats related to
international terrorism, violent conflict, and public
health.
(3) The Department has a remarkable record of
protecting personnel while enabling an enormous amount
of global diplomatic activity, often in unsecure and
remote places and facing a variety of evolving risks
and threats. With support from Congress, the Department
has revised policy, improved physical security through
retrofitting and replacing old facilities, deployed
additional security personnel and armored vehicles, and
greatly enhanced training requirements and training
facilities, including the new Foreign Affairs Security
Training Center in Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and
ambitious external engagement to advance United States
interests as diverse as competing with China's malign
influence around the world, fighting terrorism and
transnational organized crime, preventing and
addressing violent conflict and humanitarian disasters,
promoting United States businesses and trade,
protecting the rights of marginalized groups,
addressing climate change, and preventing pandemic
disease.
(5) Efforts to protect personnel overseas have often
resulted in inhibiting diplomatic activity and limiting
engagement between embassy personnel and local
governments and populations.
(6) Given that Congress currently provides annual
appropriations in excess of $1,900,000,000 for embassy
security, construction, and maintenance, the Department
should be able to ensure a robust overseas presence
without inhibiting the ability of diplomats to--
(A) meet outside United States secured
facilities with foreign leaders to explain,
defend, and advance United States priorities;
(B) understand and report on foreign
political, social, and economic conditions
through meeting and interacting with community
officials outside of United States facilities;
(C) provide United States citizen services;
and
(D) collaborate and, at times, compete with
other diplomatic missions, particularly those,
such as that of the People's Republic of China,
that do not have restrictions on meeting
locations.
(7) Given these stakes, Congress has a responsibility
to empower, support, and hold the Department
accountable for implementing an aggressive strategy to
ensure a robust overseas presence that mitigates
potential risks and adequately considers the myriad
direct and indirect consequences of a lack of
diplomatic presence.
(c) Encouraging Expeditionary Diplomacy.--
(1) Purpose.--Section 102(b) of the Diplomatic
Security Act of 1986 (22 U.S.C. 4801(b)) is amended--
(A) by amending paragraph (3) to read as
follows:
``(3) to promote strengthened security measures,
institutionalize a culture of learning, and, in the
case of apparent gross negligence or breach of duty,
recommend that the Secretary investigate accountability
for United States Government personnel with security-
related responsibilities under chief of mission
authority;'';
(B) by redesignating paragraphs (4) and (5)
as paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the
following:
``(4) to support a culture of risk management,
instead of risk avoidance, that enables the Department
of State to pursue its vital goals with full knowledge
that it is neither desirable nor possible for the
Department to avoid all risks;''.
(2) Briefings on embassy security.--Section 105(a)(1)
of the Diplomatic Security Act (22 U.S.C. 4804(a)) is
amended--
(A) by striking ``any plans to open or reopen
a high risk, high threat post'' and inserting
``progress towards opening or reopening a high
risk, high threat post, and the risk to
national security of the continued closure or
any suspension of operations and remaining
barriers to doing so'';
(B) in subparagraph (A), by inserting ``the
risk to United States national security of the
post's continued closure or suspension of
operations,'' after ``national security of the
United States,''; and
(C) in subparagraph (C), by inserting ``the
type and level of security threats such post
could encounter, and'' before ``security
`tripwires' ''.
(d) Security Review Committees.--Section 301 of the
Diplomatic Security Act (22 U.S.C. 4831) is amended--
(1) in the section heading, by striking
``accountability review boards'' and inserting
``security review committees'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as
follows:
``(1) Convening the security review committee.--In
any case of a serious security incident involving loss
of life, serious injury, or significant destruction of
property at, or related to, a United States Government
diplomatic mission abroad (referred to in this title as
a `Serious Security Incident'), and in any case of a
serious breach of security involving intelligence
activities of a foreign government directed at a United
States Government mission abroad, the Secretary of
State shall convene a Security Review Committee, which
shall issue a report providing a full account of what
occurred, consistent with section 304.'';
(B) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the
following:
``(2) Committee composition.--The Secretary shall
designate a Chairperson and may designate additional
personnel of commensurate seniority to serve on the
Security Review Committee, which shall include--
``(A) the Director of the Office of
Management Strategy and Solutions;
``(B) the Assistant Secretary responsible for
the region where the incident occurred;
``(C) the Assistant Secretary of State for
Diplomatic Security;
``(D) the Assistant Secretary of State for
Intelligence and Research;
``(E) an Assistant Secretary-level
representative from any involved United States
Government department or agency; and
``(F) other personnel determined to be
necessary or appropriate.'';
(D) in paragraph (3), as redesignated by
subclause (B)--
(i) in the paragraph heading, by
striking ``Department of defense
facilities and personnel'' and
inserting ``Exceptions to convening a
security review committee'';
(ii) by striking ``The Secretary of
State is not required to convene a
Board in the case'' and inserting the
following:
``(A) In general.--The Secretary of State is
not required to convene a Security Review
Committee--
``(i) if the Secretary determines
that the incident involves only causes
unrelated to security, such as when the
security at issue is outside of the
scope of the Secretary of State's
security responsibilities under section
103;
``(ii) if operational control of
overseas security functions has been
delegated to another agency in
accordance with section 106;
``(iii) if the incident is a
cybersecurity incident and is covered
by other review mechanisms; or
``(iv) in the case''; and
(iii) by striking ``In any such
case'' and inserting the following:
``(B) Department of defense investigations.--
In the case of an incident described in
subparagraph (A)(iv)''; and
(E) by adding at the end the following:
``(5) Rulemaking.--The Secretary of State shall
promulgate regulations defining the membership and
operating procedures for the Security Review Committee
and provide such guidance to the Chair and ranking
members of the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Boards'' and inserting ``Security Review
Committees''; and
(B) by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary of State shall
convene a Security Review Committee not later than 60
days after the occurrence of an incident described in
subsection (a)(1), or 60 days after the Department
first becomes aware of such an incident, whichever is
earlier, except that the 60-day period for convening a
Security Review Committee may be extended for one
additional 60-day period if the Secretary determines
that the additional period is necessary.''; and
(4) by amending subsection (c) to read as follows:
``(c) Congressional Notification.--Whenever the Secretary of
State convenes a Security Review Committee, the Secretary shall
promptly inform the chair and ranking member of--
``(1) the Committee on Foreign Relations of the
Senate;
``(2) the Select Committee on Intelligence of the
Senate;
``(3) the Committee on Appropriations of the Senate;
``(4) the Committee on Foreign Affairs of the House
of Representatives;
``(5) the Permanent Select Committee on Intelligence
of the House of Representatives; and
``(6) the Committee on Appropriations of the House of
Representatives.''.
(e) Technical and Conforming Amendments.--Section 302 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4832) is amended--
(1) in the section heading, by striking
``accountability review board'' and inserting
``security review committee''; and
(2) by striking ``a Board'' each place such term
appears and inserting ``a Security Review Committee''.
(f) Serious Security Incident Investigation Process.--Section
303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833) is
amended to read as follows:
``SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.
``(a) Investigation Process.--
``(1) Initiation upon reported incident.--A United
States mission shall submit an initial report of a
Serious Security Incident not later than 3 days after
such incident occurs, whenever feasible, at which time
an investigation of the incident shall be initiated.
``(2) Investigation.--Not later than 10 days after
the submission of a report pursuant to paragraph (1),
the Secretary shall direct the Diplomatic Security
Service to assemble an investigative team to
investigate the incident and independently establish
what occurred. Each investigation under this subsection
shall cover--
``(A) an assessment of what occurred, who
perpetrated or is suspected of having
perpetrated the Serious Security Incident, and
whether applicable security procedures were
followed;
``(B) in the event the Serious Security
Incident involved a United States diplomatic
compound, motorcade, residence, or other
facility, an assessment of whether adequate
security countermeasures were in effect based
on a known threat at the time of the incident;
``(C) if the incident involved an individual
or group of officers, employees, or family
members under Chief of Mission security
responsibility conducting approved operations
or movements outside the United States mission,
an assessment of whether proper security
briefings and procedures were in place and
whether weighing of risk of the operation or
movement took place; and
``(D) an assessment of whether the failure of
any officials or employees to follow procedures
or perform their duties contributed to the
security incident.
``(3) Investigative team.--The investigative team
assembled pursuant to paragraph (2) shall consist of
individuals from the Diplomatic Security Service who
shall provide an independent examination of the facts
surrounding the incident and what occurred. The
Secretary, or the Secretary's designee, shall review
the makeup of the investigative team for a conflict,
appearance of conflict, or lack of independence that
could undermine the results of the investigation and
may remove or replace any members of the team to avoid
such an outcome.
``(b) Report of Investigation.--Not later than 90 days after
the occurrence of a Serious Security Incident, the
investigative team investigating the incident shall prepare and
submit a Report of Investigation to the Security Review
Committee that includes--
``(1) a detailed description of the matters set forth
in subparagraphs (A) through (D) of subsection (a)(2),
including all related findings;
``(2) a complete and accurate account of the
casualties, injuries, and damage resulting from the
incident; and
``(3) a review of security procedures and directives
in place at the time of the incident.
``(c) Confidentiality.--The investigative team investigating
a Serious Security Incident shall adopt such procedures with
respect to confidentiality as determined necessary, including
procedures relating to the conduct of closed proceedings or the
submission and use of evidence in camera, to ensure in
particular the protection of classified information relating to
national defense, foreign policy, or intelligence matters. The
Director of National Intelligence shall establish the level of
protection required for intelligence information and for
information relating to intelligence personnel included in the
report required under subsection (b). The Security Review
Committee shall determine the level of classification of the
final report prepared pursuant to section 304(b), and shall
incorporate the same confidentiality measures in such report to
the maximum extent practicable.''.
(g) Findings and Recommendations of the Security Review
Committee.--Section 304 of the Diplomatic Security Act of 1986
(22 U.S.C. 4834) is amended to read as follows:
``SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.
``(a) Findings.--The Security Review Committee shall--
``(1) review the Report of Investigation prepared
pursuant to section 303(b), and all other evidence,
reporting, and relevant information relating to a
Serious Security Incident at a United States mission
abroad, including an examination of the facts and
circumstances surrounding any serious injuries, loss of
life, or significant destruction of property resulting
from the incident; and
``(2) determine, in writing--
``(A) whether the incident was security
related and constituted a Serious Security
Incident;
``(B) if the incident involved a diplomatic
compound, motorcade, residence, or other
mission facility--
``(i) whether the security systems,
security countermeasures, and security
procedures operated as intended; and
``(ii) whether such systems worked to
materially mitigate the attack or were
found to be inadequate to mitigate the
threat and attack;
``(C) if the incident involved an individual
or group of officers conducting an approved
operation outside the mission, whether a valid
process was followed in evaluating the
requested operation and weighing the risk of
the operation, which determination shall not
seek to assign accountability for the incident
unless the Security Review Committee determines
that an official breached his or her duty;
``(D) the impact of intelligence and
information availability, and whether the
mission was aware of the general operating
threat environment or any more specific threat
intelligence or information and took that into
account in ongoing and specific operations; and
``(E) any other facts and circumstances that
may be relevant to the appropriate security
management of United States missions abroad.
``(b) Report.--
``(1) Submission to secretary of state.--Not later
than 60 days after receiving the Report of
Investigation prepared pursuant to section 303(b), the
Security Review Committee shall submit a report to the
Secretary of State that includes--
``(A) the findings described in subsection
(a); and
``(B) any related recommendations.
``(2) Submission to congress.--Not later than 90 days
after receiving the report pursuant to paragraph (1),
the Secretary of State shall submit a copy of the
report to--
``(A) the Committee on Foreign Relations of
the Senate;
``(B) the Select Committee on Intelligence of
the Senate;
``(C) the Committee on Appropriations of the
Senate;
``(D) the Committee on Foreign Affairs of the
House of Representatives;
``(E) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
``(F) the Committee on Appropriations of the
House of Representatives.
``(c) Personnel Recommendations.--If in the course of
conducting an investigation under section 303, the
investigative team finds reasonable cause to believe any
individual described in section 303(a)(2)(D) has breached the
duty of that individual or finds lesser failures on the part of
an individual in the performance of his or her duties related
to the incident, it shall be reported to the Security Review
Committee. If the Security Review Committee finds reasonable
cause to support the determination, it shall be reported to the
Secretary for appropriate action.''.
(h) Relation to Other Proceedings.--Section 305 of the
Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended--
(1) by inserting ``(a) No Effect on Existing Remedies
or Defenses.--'' before ``Nothing in this title''; and
(2) by adding at the end the following:
``(b) Future Inquiries.--Nothing in this title may be
construed to preclude the Secretary of State from convening a
follow-up public board of inquiry to investigate any security
incident if the incident was of such magnitude or significance
that an internal process is deemed insufficient to understand
and investigate the incident. All materials gathered during the
procedures provided under this title shall be provided to any
related board of inquiry convened by the Secretary.''.
(i) Training for Foreign Service Personnel on Risk Management
Practices.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall develop and submit a
strategy to the appropriate congressional committees for
training and educating Foreign Service personnel regarding
appropriate risk management practices while conducting their
duties in high risk, high threat environments that includes--
(1) plans to continue to develop and offer additional
training courses, or augment existing courses, for
Department personnel regarding the conduct of their
duties in high risk, high threat environments outside
of diplomatic compounds, including for diplomatic
personnel, such as political officers, economic
officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of
mission, deputy chiefs of missions, and regional
security officers, regarding appropriate risk
management practices to employ while evaluating
requests for diplomatic operations in high risk, high
threat environments outside of diplomatic compounds;
and
(3) plans and strategies for effectively balancing
safety risks with the need for in-person engagement
with local governments and populations.
(j) Sense of Congress Regarding the Establishment of the
Expeditionary Diplomacy Award.--It is the sense of Congress
that the Secretary should--
(1) encourage expeditionary diplomacy, proper risk
management practices, and regular and meaningful
engagement with civil society at the Department by
establishing an annual award, which shall be known as
the ``Expeditionary Diplomacy Award'', to be awarded to
deserving officers and employees of the Department; and
(2) establish procedures for selecting the recipients
of the Expeditionary Diplomacy Award, including any
financial terms associated with such award.
(k) Promotion in the Foreign Service.--Section 603(b) of the
Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended--
(1) in the third sentence of the matter preceding
paragraph (1), by inserting ``and when occupying
positions for which the following is, to any degree, an
element of the member's duties,'' after ``as the case
may be,'';
(2) in paragraph (1), by striking ``when occupying
positions for which such willingness and ability is, to
any degree, an element of the member's duties, or'' and
inserting a semicolon;
(3) by striking paragraph (2) and inserting the
following:
``(3) other demonstrated experience in public
diplomacy; or'';
(4) by inserting after paragraph (1) the following:
``(2) a willingness and ability to regularly and
meaningfully engage with civil society and other local
actors in country;''; and
(5) by inserting after paragraph (3), as
redesignated, the following:
``(4) the ability to effectively manage and assess
risk associated with the conduct of diplomatic
operations.''.
(l) Reporting Requirement.--Not later than 180 days after the
date of the enactment of this Act and every 180 days thereafter
for the following 2 years, the Secretary shall submit a report
to the appropriate congressional committees describing the
Department's risk management efforts, including information
relating to--
(1) implementing this section and section 102(b) of
the Diplomatic Security Act (22 U.S.C. 4801), as
amended by subsection (c);
(2) encouraging and incentivizing appropriate Foreign
Service personnel to regularly and meaningfully engage
with civil society and other local actors in-country;
(3) promoting a more effective culture of risk
management and greater risk tolerance among all Foreign
Service personnel, including through additional risk
management training and education opportunities; and
(4) incorporating the provisions of this section into
the Foreign Affairs Manual regulations and implementing
the Serious Security Incident Investigation Permanent
Coordinating Committee established and convened
pursuant to section 302(b) of the Diplomatic Security
Act (22 U.S.C. 4832(b)) to more closely align
Department procedures with the procedures used by other
Federal departments and agencies to analyze, weigh, and
manage risk.
SEC. 9303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOLOMON ISLANDS,
KIRIBATI, AND TONGA AND A DIPLOMATIC PRESENCE IN
VANUATU.
(a) Findings.--Congress makes the following findings:
(1) The Pacific Islands are vital to United States
national security and national interests in the Indo-
Pacific region and globally.
(2) The Pacific Islands region spans 15 percent of
the world's surface area and controls access to open
waters in the Central Pacific, sea lanes to the Western
Hemisphere, supply lines to United States forward-
deployed forces in East Asia, and economically
important fisheries.
(3) The Pacific Islands region is home to the State
of Hawaii, 11 United States territories, United States
Naval Base Guam, and United States Andersen Air Force
Base.
(4) Pacific Island countries cooperate with the
United States and United States partners on maritime
security and efforts to stop illegal, unreported, and
destructive fishing.
(5) The Pacific Islands are rich in biodiversity and
are on the frontlines of environmental challenges and
climate issues.
(6) The People's Republic of China seeks to increase
its influence in the Pacific Islands region, including
through infrastructure development under the People's
Republic of China's One Belt, One Road Initiative and
its new security agreement with the Solomon Islands.
(7) The United States closed its embassy in the
Solomon Islands in 1993.
(8) The United States Embassy in Papua New Guinea
manages the diplomatic affairs of the United States to
the Republic of Vanuatu and the Solomon Islands, and
the United States Embassy in Fiji manages the
diplomatic affairs of the United States to the Republic
of Kiribati and the Kingdom of Tonga.
(9) The United States requires a physical and more
robust diplomatic presence in the Republic of Vanuatu,
the Republic of Kiribati, the Solomon Islands, and the
Kingdom of Tonga, to ensure the physical and
operational security of our efforts in those countries
to deepen relations, protect United States national
security, and pursue United States national interests.
(10) Increasing the number of United States embassies
dedicated solely to a Pacific Island country
demonstrates the United States' ongoing commitment to
the region and to the Pacific Island countries.
(b) Establishment of Embassies.--
(1) In general.--As soon as possible, the Secretary
should--
(A) establish physical United States
embassies in the Republic of Kiribati and in
the Kingdom of Tonga;
(B) upgrade the United States consular agency
in the Solomon Islands to an embassy; and
(C) establish a physical United States
Government presence in the Republic of Vanuatu.
(2) Other strategies.--
(A) Physical infrastructure.--In establishing
embassies pursuant to paragraph (1) and
creating the physical infrastructure to ensure
the physical and operational safety of embassy
personnel, the Secretary may pursue rent or
purchase existing buildings or co-locate
personnel in embassies of like-minded partners,
such as Australia and New Zealand.
(B) Personnel.--In establishing a physical
presence in the Republic of Vanuatu pursuant to
paragraph (1), the Secretary may assign 1 or
more United States Government personnel to the
Republic of Vanuatu as part of the United
States mission in Papua New Guinea.
(3) Waiver authority.--The President may waive the
requirements under paragraph (1) for a period of one
year if the President determines and reports to
Congress in advance that such waiver is necessary to
protect the national security interests of the United
States.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated to the Department of State for
Embassy Security, Construction, and Maintenance--
(1) $40,200,000 is authorized to be appropriated for
fiscal year 2023--
(A) to establish and maintain the 3 embassies
authorized to be established under subsection
(b); and
(B) to establish a physical United States
Government presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for
fiscal year 2024--
(A) to maintain such embassies; and
(B) to establish a physical United States
Government presence in the Republic of Vanuatu;
(d) Report.--
(1) Defined term.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Foreign Affairs of the
House of Representatives; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Progress report.--Not later than 180 days
following the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress a report that includes--
(A) a description of the status of activities
carried out to achieve the objectives described
in this section;
(B) an estimate of when embassies and a
physical presence will be fully established
pursuant to subsection (b)(1); and
(C) an update on events in the Pacific
Islands region relevant to the establishment of
United States embassies, including activities
by the People's Republic of China.
(3) Report on final disposition.--Not later than 2
years after the date of the enactment of this Act, the
Secretary shall submit a report to the appropriate
committees of Congress that--
(A) confirms the establishment of the 3
embassies and the physical presence required
under subsection (b)(1); or
(B) if the embassies and physical presence
required in subsection (b)(1) have not been
established, a justification for such failure
to comply with such requirement.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT WITH THE
DEPARTMENT OF STATE.
Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that--
(1) identifies any barriers for applicants applying
for employment with the Department;
(2) provides demographic data of online applicants
during the most recent 3 years disaggregated by race,
ethnicity, sex, age, veteran status, disability,
geographic region;
(3) assesses any barriers that exist for applying
online for employment with the Department,
disaggregated by race, ethnicity, sex, age, veteran
status, disability, geographic region; and
(4) includes recommendations for addressing any
disparities identified in the online application
process.
SEC. 9402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees that
includes disaggregated demographic data and other information
regarding the diversity of the workforce of the Department.
(b) Data.--The report required under subsection (a) shall
include, to the maximum extent that the collection and
dissemination of such data can be done in a way that protects
the confidentiality of individuals and is otherwise permissible
by law--
(1) demographic data on each element of the workforce
of the Department during the 3-year period ending on
the date of the enactment of this Act, disaggregated by
rank and grade or grade-equivalent, with respect to--
(A) individuals hired to join the workforce;
(B) individuals promoted, including
promotions to and within the Senior Executive
Service or the Senior Foreign Service;
(C) individuals serving as special assistants
in any of the offices of the Secretary of
State, the Deputy Secretary of State, the
Counselor of the Department of State, the
Secretary's Policy Planning Staff, the Under
Secretary of State for Arms Control and
International Security, the Under Secretary of
State for Civilian Security, Democracy, and
Human Rights, the Under Secretary of State for
Economic Growth, Energy, and the Environment,
the Under Secretary of State for Management,
the Under Secretary of State for Political
Affairs, and the Under Secretary of State for
Public Diplomacy and Public Affairs;
(D) individuals serving in each bureau's
front office;
(E) individuals serving as detailees to the
National Security Council;
(F) individuals serving on applicable
selection boards;
(G) members of any external advisory
committee or board who are subject to
appointment by individuals at senior positions
in the Department;
(H) individuals participating in professional
development programs of the Department and the
extent to which such participants have been
placed into senior positions within the
Department after such participation;
(I) individuals participating in mentorship
or retention programs; and
(J) individuals who separated from the
agency, including individuals in the Senior
Executive Service or the Senior Foreign
Service;
(2) an assessment of agency compliance with the
essential elements identified in Equal Employment
Opportunity Commission Management Directive 715,
effective October 1, 2003;
(3) data on the overall number of individuals who are
part of the workforce, the percentages of such
workforce corresponding to each element specified in
paragraph (1), and the percentages corresponding to
each rank, grade, or grade equivalent; and
(4) the total amount of funds spent by the Department
for the purposes of advancing diversity, equity,
inclusion, and accessibility during each of the 4
previous fiscal years, disaggregated, to the extent
practicable, by bureau and activity, including, as
outlined in the Department's 2022 Diversity, Equity,
Inclusion and Accessibility Strategic Plan--
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and
retention;
(C) reasonable accommodations for disability
and religion;
(D) safe workplaces; and
(E) addressing sexual harassment and
discrimination.
(c) Effectiveness of Department Efforts.--The report required
under subsection (a) shall describe and assess the
effectiveness of the efforts of the Department--
(1) to propagate fairness, impartiality, and
inclusion in the work environment, both domestically
and abroad;
(2) to enforce anti-harassment and anti-
discrimination policies, both domestically and at posts
overseas;
(3) to refrain from engaging in unlawful
discrimination in any phase of the employment process,
including recruitment, hiring, evaluation, assignments,
promotion, retention, and training;
(4) to prevent retaliation against employees for
participating in a protected equal employment
opportunity activity or for reporting sexual harassment
or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) to recruit a representative workforce by--
(A) recruiting women, persons with
disabilities, and minorities;
(B) recruiting at women's colleges,
historically Black colleges and universities,
minority-serving institutions, and other
institutions serving a significant percentage
of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women
and minorities;
(D) sponsoring and recruiting at job fairs in
urban and rural communities and at land-grant
colleges or universities;
(E) providing opportunities through the
Foreign Service Internship Program under
chapter 12 of the Foreign Service Act of 1980
(22 U.S.C. 4141 et seq.), and other hiring
initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to
increase representation in international
affairs of people belonging to traditionally
underrepresented groups;
(G) offering the Foreign Service written and
oral assessment examinations in several
locations throughout the United States or via
online platforms to reduce the burden of
applicants having to travel at their own
expense to take either or both such
examinations;
(H) expanding the use of paid internships;
and
(I) supporting recruiting and hiring
opportunities through--
(i) the Charles B. Rangel
International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program; and
(iii) other initiatives, including
agency-wide policy initiatives; and
(7) to ensure transparency and accountability in the
work of the Chief Diversity and Inclusion Officer and
the Secretary's Office of Diversity and Inclusion,
particularly by--
(A) avoiding any duplication of existing
diversity, equity, inclusion, and accessibility
efforts, including with the Bureau of Global
Talent Management, the Office of Civil Rights,
and other Department offices; and
(B) requiring measurable impacts in hiring,
retention, and other aspects of the Diversity,
Equity, Inclusion and Accessibility Strategic
Plan.
(d) Annual Report.--
(1) In general.--Not later than 1 year after the
publication of the report required under subsection
(a), and annually thereafter for the following 5 years,
the Secretary shall submit a report to the appropriate
congressional committees, and make such report
available on the Department's website, that includes,
without compromising the confidentiality of individuals
and to the extent otherwise consistent with law--
(A) disaggregated demographic data, to the
maximum extent that collection of such data is
permissible by law, relating to the workforce
and information on the status of diversity and
inclusion efforts of the Department;
(B) an analysis of applicant flow data, to
the maximum extent that collection of such data
is permissible by law; and
(C) disaggregated demographic data relating
to participants in professional development
programs of the Department and the rate of
placement into senior positions for
participants in such programs.
(2) Combination with other annual report.--The report
required under paragraph (1) may be combined with
another annual report required by law, to the extent
practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND ASSISTANCE.
(a) Purpose.--The purposes of this section are--
(1) to advance the values and interests of the United
States overseas through programs that foster
innovation, competitiveness, and a plethora of
backgrounds, views, and experience in the formulation
and implementation of United States foreign policy and
assistance; and
(2) to create opportunities for specialized research,
education, training, professional development, and
leadership opportunities for individuals belonging to
an underrepresented group within the Department and
USAID.
(b) Study.--
(1) In general.--The Secretary and the Administrator
of USAID shall conduct a study on the feasibility of
establishing Centers of Excellence in Foreign Affairs
and Assistance (referred to in this section as the
``Centers of Excellence'') within institutions that
serve individuals belonging to an underrepresented
group to focus on 1 or more of the areas described in
paragraph (2).
(2) Elements.--In conducting the study required under
paragraph (1), the Secretary and the Administrator,
respectively, shall consider--
(A) opportunities to enter into public-
private partnerships that will--
(i) increase interest in foreign
affairs and foreign assistance Federal
careers;
(ii) prepare an assorted cadre of
students (including nontraditional,
mid-career, part-time, and heritage
students) and nonprofit or business
professionals with the skills and
education needed to meaningfully
contribute to the formulation and
execution of United States foreign
policy and assistance;
(iii) support the conduct of
research, education, and extension
programs that reflect a wide range of
perspectives and views of world regions
and international affairs--
(I) to assist in the
development of regional and
functional foreign policy
skills;
(II) to strengthen
international development and
humanitarian assistance
programs; and
(III) to strengthen
democratic institutions and
processes in policymaking,
including in education, health,
wealth, justice, and other
sectors;
(iv) enable domestic and
international educational, internship,
fellowship, faculty exchange, training,
employment or other innovative programs
to acquire or strengthen knowledge of
foreign languages, cultures, societies,
and international skills and
perspectives;
(v) support collaboration among
institutions of higher education,
including community colleges, nonprofit
organizations, and corporations, to
strengthen the engagement between
experts and practitioners in the
foreign affairs and foreign assistance
fields; and
(vi) leverage additional public-
private partnerships with nonprofit
organizations, foundations,
corporations, institutions of higher
education, and the Federal Government;
and
(B) budget and staffing requirements,
including appropriate sources of funding, for
the establishment and conduct of operations of
such Centers of Excellence.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that contains the
findings of the study conducted pursuant to subsection (b).
SEC. 9404. PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN THE DEPARTMENT
OF STATE WORKFORCE.
(a) In General.--The Secretary should establish a mechanism
to ensure that appointments or details of Department career
employees to staff positions in the Office of the Secretary,
the Office of the Deputy Secretary of State, the Office of the
Counselor of the Department, any office of the Secretary's
Policy Planning Staff, and any office of an Under Secretary of
State, and details to the National Security Council, are
transparent, competitive, inclusive, and merit-based.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees regarding the
mechanism established pursuant to subsection (a).
(c) Availability.--The Secretary shall--
(1) use transparent, competitive, inclusive, and
merit-based processes for appointments and details to
the staff positions specified in subsection (a); and
(2) ensure that such positions are equally available
to all employees of the Civil Service and the Foreign
Service of the Department.
SEC. 9405. RULE OF CONSTRUCTION.
Nothing in this title may be construed as altering existing
law regarding merit system principles.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.
(a) In General.--It is the policy of the United States--
(1) to work internationally to promote an open,
interoperable, reliable, and secure internet governed
by the multi-stakeholder model, which--
(A) promotes democracy, the rule of law, and
human rights, including freedom of expression;
(B) supports the ability to innovate,
communicate, and promote economic prosperity;
and
(C) is designed to protect privacy and guard
against deception, malign influence, incitement
to violence, harassment and abuse, fraud, and
theft;
(2) to encourage and aid United States allies and
partners in improving their own technological
capabilities and resiliency to pursue, defend, and
protect shared interests and values, free from coercion
and external pressure; and
(3) in furtherance of the efforts described in
paragraphs (1) and (2)--
(A) to provide incentives to the private
sector to accelerate the development of the
technologies referred to in such paragraphs;
(B) to modernize and harmonize with allies
and partners export controls and investment
screening regimes and associated policies and
regulations; and
(C) to enhance United States leadership in
technical standards-setting bodies and avenues
for developing norms regarding the use of
digital tools.
(b) Implementation.--In implementing the policy described in
subsection (a), the President, in consultation with outside
actors, as appropriate, including private sector companies,
nongovernmental organizations, security researchers, and other
relevant stakeholders, in the conduct of bilateral and
multilateral relations, shall strive--
(1) to clarify the applicability of international
laws and norms to the use of information and
communications technology (referred to in this
subsection as ``ICT'');
(2) to reduce and limit the risk of escalation and
retaliation in cyberspace, damage to critical
infrastructure, and other malicious cyber activity that
impairs the use and operation of critical
infrastructure that provides services to the public;
(3) to cooperate with like-minded countries that
share common values and cyberspace policies with the
United States, including respect for human rights,
democracy, and the rule of law, to advance such values
and policies internationally;
(4) to encourage the responsible development of new,
innovative technologies and ICT products that
strengthen a secure internet architecture that is
accessible to all;
(5) to secure and implement commitments on
responsible country behavior in cyberspace, including
commitments by countries--
(A) not to conduct, or knowingly support,
cyber-enabled theft of intellectual property,
including trade secrets or other confidential
business information, with the intent of
providing competitive advantages to companies
or commercial sectors;
(B) to take all appropriate and reasonable
efforts to keep their territories clear of
intentionally wrongful acts using ICT in
violation of international commitments;
(C) not to conduct or knowingly support ICT
activity that intentionally damages or
otherwise impairs the use and operation of
critical infrastructure providing services to
the public, in violation of international law;
(D) to take appropriate measures to protect
the country's critical infrastructure from ICT
threats;
(E) not to conduct or knowingly support
malicious international activity that harms the
information systems of authorized international
emergency response teams (also known as
``computer emergency response teams'' or
``cybersecurity incident response teams'') of
another country or authorize emergency response
teams to engage in malicious international
activity, in violation of international law;
(F) to respond to appropriate requests for
assistance to mitigate malicious ICT activity
emanating from their territory and aimed at the
critical infrastructure of another country;
(G) not to restrict cross-border data flows
or require local storage or processing of data;
and
(H) to protect the exercise of human rights
and fundamental freedoms on the internet, while
recognizing that the human rights that people
have offline also need to be protected online;
and
(6) to advance, encourage, and support the
development and adoption of internationally recognized
technical standards and best practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), is amended--
(1) by redesignating subsections (i) and (j) as
subsection (j) and (k), respectively;
(2) by redesignating subsection (h) (as added by
section 361(a)(1) of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260)) as
subsection (l); and
(3) by inserting after subsection (h) the following:
``(i) Bureau of Cyberspace and Digital Policy.--
``(1) In general.--There is established, within the
Department of State, the Bureau of Cyberspace and
Digital Policy (referred to in this subsection as the
`Bureau'). The head of the Bureau shall have the rank
and status of ambassador and shall be appointed by the
President, by and with the advice and consent of the
Senate.
``(2) Duties.--
``(A) In general.--The head of the Bureau
shall perform such duties and exercise such
powers as the Secretary of State shall
prescribe, including implementing the
diplomatic and foreign policy aspects of the
policy described in section 9501(a) of the
Department of State Authorization Act of 2022.
``(B) Duties described.--The principal duties
and responsibilities of the head of the Bureau
shall, in furtherance of the diplomatic and
foreign policy mission of the Department of
State, be--
``(i) to serve as the principal
cyberspace policy official within the
senior management of the Department of
State and as the advisor to the
Secretary of State for cyberspace and
digital issues;
``(ii) to lead, coordinate, and
execute, in coordination with other
relevant bureaus and offices, the
Department of State's diplomatic
cyberspace, and cybersecurity efforts
(including efforts related to data
privacy, data flows, internet
governance, information and
communications technology standards,
and other issues that the Secretary has
assigned to the Bureau);
``(iii) to coordinate with relevant
Federal agencies and the Office of the
National Cyber Director to ensure the
diplomatic and foreign policy aspects
of the cyber strategy in section 9501
of the Department of State
Authorization Act of 2022 and any other
subsequent strategy are implemented in
a manner that is fully integrated with
the broader strategy;
``(iv) to promote an open,
interoperable, reliable, and secure
information and communications
technology infrastructure globally;
``(v) to represent the Secretary of
State in interagency efforts to develop
and advance Federal Government cyber
priorities and activities, including
efforts to develop credible national
capabilities, strategies, and policies
to deter and counter cyber adversaries,
and carry out the purposes of title V
of the Department of State
Authorization Act of 2022;
``(vi) to engage civil society, the
private sector, academia, and other
public and private entities on relevant
international cyberspace and
international information and
communications technology issues;
``(vii) to support United States
Government efforts to uphold and
further develop global deterrence
frameworks for malicious cyber
activity;
``(viii) to advise the Secretary of
State and coordinate with foreign
governments regarding responses to
national security-level cyber
incidents, including coordination on
diplomatic response efforts to support
allies and partners threatened by
malicious cyber activity, in
conjunction with members of the North
Atlantic Treaty Organization and like-
minded countries;
``(ix) to promote the building of
foreign capacity relating to cyberspace
policy priorities;
``(x) to promote an open,
interoperable, reliable, and secure
information and communications
technology infrastructure globally and
an open, interoperable, secure, and
reliable internet governed by the
multi-stakeholder model;
``(xi) to promote an international
environment for technology investments
and the internet that benefits United
States economic and national security
interests;
``(xii) to promote cross-border flow
of data and combat international
initiatives seeking to impose
unreasonable requirements on United
States businesses;
``(xiii) to promote international
policies to protect the integrity of
United States and international
telecommunications infrastructure from
foreign-based threats, including cyber-
enabled threats;
``(xiv) to lead engagement, in
coordination with relevant executive
branch agencies, with foreign
governments on relevant international
cyberspace, cybersecurity, cybercrime,
and digital economy issues described in
title V of the Department of State
Authorization Act of 2022;
``(xv) to promote international
policies, in coordination with the
Department of Commerce, to secure radio
frequency spectrum in the best
interests of the United States;
``(xvi) to promote and protect the
exercise of human rights, including
freedom of speech and religion, through
the internet;
``(xvii) to build capacity of United
States diplomatic officials to engage
on cyberspace issues;
``(xviii) to encourage the
development and adoption by foreign
countries of internationally recognized
standards, policies, and best
practices;
``(xix) to support efforts by the
Global Engagement Center to counter
cyber-enabled information operations
against the United States or its allies
and partners; and
``(xx) to conduct such other matters
as the Secretary of State may assign.
``(3) Qualifications.--The head of the Bureau should
be an individual of demonstrated competency in the
fields of--
``(A) cybersecurity and other relevant
cyberspace and information and communications
technology policy issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--Except as provided
in subparagraph (B), the head of the Bureau
shall report to the Deputy Secretary of State.
``(B) Subsequent placement.--The head of the
Bureau may report to an Under Secretary of
State or to an official holding a higher
position than Under Secretary if, not later
than 15 days before any change in such
reporting structure, the Secretary of State--
``(i) consults with the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the
House of Representatives; and
``(ii) submits a report to such
committees that--
``(I) indicates that the
Secretary, with respect to the
reporting structure of the
Bureau, has consulted with and
solicited feedback from--
``(aa) other relevant
Federal entities with a
role in international
aspects of cyber
policy; and
``(bb) the elements
of the Department of
State with
responsibility for
aspects of cyber
policy, including the
elements reporting to--
``(AA) the
Under Secretary
of State for
Political
Affairs;
``(BB) the
Under Secretary
of State for
Civilian
Security,
Democracy, and
Human Rights;
``(CC) the
Under Secretary
of State for
Economic
Growth, Energy,
and the
Environment;
``(DD) the
Under Secretary
of State for
Arms Control
and
International
Security
Affairs;
``(EE) the
Under Secretary
of State for
Management; and
``(FF) the
Under Secretary
of State for
Public
Diplomacy and
Public Affairs;
``(II) describes the new
reporting structure for the
head of the Bureau and the
justification for such new
structure; and
``(III) includes a plan
describing how the new
reporting structure will better
enable the head of the Bureau
to carry out the duties
described in paragraph (2),
including the security,
economic, and human rights
aspects of cyber diplomacy.
``(5) Special hiring authorities.--The Secretary of
State may--
``(A) appoint up to 25 employees to cyber
positions in the Bureau without regard to the
provisions of subchapter I of chapter 33 of
title 5, United States Code, regarding
appointments in the competitive service; and
``(B) fix the rates of basic pay of such
employees without regard to chapter 51 and
subchapter III of chapter 53 of such title
regarding classification and General Schedule
pay rates, provided that the rates for such
positions do not exceed the annual rate of
basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of
title 5, United States Code.
``(6) Coordination.--In implementing the duties
prescribed under paragraph (2), the head of the Bureau
shall coordinate with the heads of other Federal
agencies, including the Department of Commerce, the
Department of Homeland Security, and other Federal
agencies that the National Cyber Director deems
appropriate.
``(7) Rule of construction.--Nothing in this
subsection may be construed--
``(A) to preclude the head of the Bureau from
being designated as an Assistant Secretary, if
such an Assistant Secretary position does not
increase the number of Assistant Secretary
positions at the Department above the number
authorized under subsection (c)(1); or
``(B) to alter or modify the existing
authorities of any other Federal agency or
official.''.
(b) Sense of Congress.--It is the sense of Congress that the
Bureau established under section 1(i) of the State Department
Basic Authorities Act of 1956, as added by subsection (a),
should have a diverse workforce composed of qualified
individuals, including individuals belonging to an
underrepresented group.
(c) United Nations.--The Permanent Representative of the
United States to the United Nations should use the voice, vote,
and influence of the United States to oppose any measure that
is inconsistent with the policy described in section 9501(a).
SEC. 9503. INTERNATIONAL CYBERSPACE AND DIGITAL POLICY STRATEGY.
(a) Strategy Required.--Not later than 1 year after the date
of the enactment of this Act, the President, acting through the
Secretary, and in coordination with the heads of other relevant
Federal departments and agencies, shall develop an
international cyberspace and digital policy strategy.
(b) Elements.--The strategy required under subsection (a)
shall include--
(1) a review of actions and activities undertaken to
support the policy described in section 9501(a);
(2) a plan of action to guide the diplomacy of the
Department with regard to foreign countries,
including--
(A) conducting bilateral and multilateral
activities--
(i) to develop and support the
implementation of norms of responsible
country behavior in cyberspace
consistent with the commitments listed
in section 9501(b)(5);
(ii) to reduce the frequency and
severity of cyberattacks on United
States individuals, businesses,
governmental agencies, and other
organizations;
(iii) to reduce cybersecurity risks
to United States and allied critical
infrastructure;
(iv) to improve allies' and partners'
collaboration with the United States on
cybersecurity issues, including
information sharing, regulatory
coordination and improvement, and joint
investigatory and law enforcement
operations related to cybercrime; and
(v) to share best practices and
advance proposals to strengthen
civilian and private sector resiliency
to threats and access to opportunities
in cyberspace; and
(B) reviewing the status of existing efforts
in relevant multilateral fora, as appropriate,
to obtain commitments on international norms
regarding cyberspace;
(3) a review of alternative concepts for
international norms regarding cyberspace offered by
foreign countries;
(4) a detailed description, in consultation with the
Office of the National Cyber Director and relevant
Federal agencies, of new and evolving threats regarding
cyberspace from foreign adversaries, state-sponsored
actors, and non-state actors to--
(A) United States national security;
(B) the Federal and private sector cyberspace
infrastructure of the United States;
(C) intellectual property in the United
States; and
(D) the privacy and security of citizens of
the United States;
(5) a review of the policy tools available to the
President to deter and de-escalate tensions with
foreign countries, state-sponsored actors, and private
actors regarding--
(A) threats in cyberspace;
(B) the degree to which such tools have been
used; and
(C) whether such tools have been effective
deterrents;
(6) a review of resources required to conduct
activities to build responsible norms of international
cyber behavior;
(7) a review, in coordination with the Office of the
National Cyber Director and the Office of Management
and Budget, to determine whether the budgetary
resources, technical expertise, legal authorities, and
personnel available to the Department are adequate to
achieve the actions and activities undertaken by the
Department to support the policy described in section
9501(a);
(8) a review to determine whether the Department is
properly organized and coordinated with other Federal
agencies to achieve the objectives described in section
9501(b); and
(9) a plan of action, developed in coordination with
the Department of Defense and in consultation with
other relevant Federal departments and agencies as the
President may direct, with respect to the inclusion of
cyber issues in mutual defense agreements.
(c) Form of Strategy.--
(1) Public availability.--The strategy required under
subsection (a) shall be available to the public in
unclassified form, including through publication in the
Federal Register.
(2) Classified annex.--The strategy required under
subsection (a) may include a classified annex.
(d) Briefing.--Not later than 30 days after the completion of
the strategy required under subsection (a), the Secretary shall
brief the Committee on Foreign Relations of the Senate, the
Select Committee on Intelligence of the Senate, the Committee
on Armed Services of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Permanent Select
Committee on Intelligence of the House of Representatives, and
the Committee on Armed Services of the House of Representatives
regarding the strategy, including any material contained in a
classified annex.
(e) Updates.--The strategy required under subsection (a)
shall be updated--
(1) not later than 90 days after any material change
to United States policy described in such strategy; and
(2) not later than 1 year after the inauguration of
each new President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER DIPLOMACY.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report and provide a briefing to the appropriate
congressional committees that includes--
(1) an assessment of the extent to which United
States diplomatic processes and other efforts with
foreign countries, including through multilateral fora,
bilateral engagements, and negotiated cyberspace
agreements, advance the full range of United States
interests regarding cyberspace, including the policy
described in section 9501(a);
(2) an assessment of the Department's organizational
structure and approach to managing its diplomatic
efforts to advance the full range of United States
interests regarding cyberspace, including a review of--
(A) the establishment of a Bureau within the
Department to lead the Department's
international cyber mission;
(B) the current or proposed diplomatic
mission, structure, staffing, funding, and
activities of such Bureau;
(C) how the establishment of such Bureau has
impacted or is likely to impact the structure
and organization of the Department; and
(D) what challenges, if any, the Department
has faced or will face in establishing such
Bureau; and
(3) any other matters that the Comptroller General
determines to be relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND RESPOND TO CYBER
THREATS AGAINST ALLIES AND PARTNERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary, in coordination with the heads of
other relevant Federal agencies, shall submit a report to the
appropriate congressional committees that assesses the
capabilities of the Department to provide civilian-led support
for acute cyber incident response in ally and partner countries
that includes--
(1) a description and assessment of the Department's
coordination with cyber programs and operations of the
Department of Defense and the Department of Homeland
Security;
(2) recommendations on how to improve coordination
and executive of Department involvement in programs or
operations to support allies and partners in responding
to acute cyber incidents; and
(3) the budgetary resources, technical expertise,
legal authorities, and personnel needed for the
Department to formulate and implement the programs
described in this section.
SEC. 9506. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) Sense of Congress.--It is the sense of Congress that
improving computer programming language proficiency will
improve--
(1) the cybersecurity effectiveness of the
Department; and
(2) the ability of foreign service officers to engage
with foreign audiences on cybersecurity matters.
(b) Technology Talent Acquisition.--
(1) Establishment.--The Secretary shall establish
positions within the Bureau of Global Talent Management
that are solely dedicated to the recruitment and
retention of Department personnel with backgrounds in
cybersecurity, engineering, data science, application
development, artificial intelligence, critical and
emerging technology, and technology and digital policy.
(2) Goals.--The goals of the positions described in
paragraph (1) shall be--
(A) to fulfill the critical need of the
Department to recruit and retain employees for
cybersecurity, digital, and technology
positions;
(B) to actively recruit relevant candidates
from academic institutions, the private sector,
and related industries;
(C) to work with the Office of Personnel
Management and the United States Digital
Service to develop and implement best
strategies for recruiting and retaining
technology talent; and
(D) to inform and train supervisors at the
Department on the use of the authorities listed
in subsection (c)(1).
(3) Implementation plan.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit a plan to the appropriate
congressional committees that describes how the
objectives and goals set forth in paragraphs (1) and
(2) will be implemented.
(4) Authorization of appropriations.--There is
authorized to be appropriated $750,000 for each of the
fiscal years 2023 through 2027 to carry out this
subsection.
(c) Annual Report on Hiring Authorities.--Not later than 1
year after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary shall
submit a report to the appropriate congressional committees
that includes--
(1) a list of the hiring authorities available to the
Department to recruit and retain personnel with
backgrounds in cybersecurity, engineering, data
science, application development, artificial
intelligence, critical and emerging technology, and
technology and digital policy;
(2) a list of which hiring authorities described in
paragraph (1) have been used during the previous 5
years;
(3) the number of employees in qualified positions
hired, aggregated by position and grade level or pay
band;
(4) the number of employees who have been placed in
qualified positions, aggregated by bureau and offices
within the Department;
(5) the rate of attrition of individuals who begin
the hiring process and do not complete the process and
a description of the reasons for such attrition;
(6) the number of individuals who are interviewed by
subject matter experts and the number of individuals
who are not interviewed by subject matter experts; and
(7) recommendations for--
(A) reducing the attrition rate referred to
in paragraph (5) by 5 percent each year;
(B) additional hiring authorities needed to
acquire needed technology talent;
(C) hiring personnel to hold public trust
positions until such personnel can obtain the
necessary security clearance; and
(D) informing and training supervisors within
the Department on the use of the authorities
listed in paragraph (1).
(d) Incentive Pay for Cybersecurity Professionals.--To
increase the number of qualified candidates available to
fulfill the cybersecurity needs of the Department, the
Secretary shall--
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall provide a list to the
appropriate congressional committees that identifies--
(1) the computer programming languages included
within the Recruitment Language Program and the
language incentive pay rate; and
(2) the number of individuals benefitting from the
inclusion of such computer programming languages in the
Recruitment Language Program and language incentive
pay.
SEC. 9507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR OFFICIALS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and begin
providing, for senior officials of the Department, a course
addressing how the most recent and relevant technologies affect
the activities of the Department.
(b) Throughput Objectives.--The Secretary should ensure
that--
(1) during the first year that the course developed
pursuant to subsection (a) is offered, not fewer than
20 percent of senior officials are certified as having
passed such course; and
(2) in each subsequent year, until the date on which
80 percent of senior officials are certified as having
passed such course, an additional 10 percent of senior
officials are certified as having passed such course.
SEC. 9508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY OFFICER
PROGRAM.
(a) Regional Technology Officer Program.--
(1) Establishment.--The Secretary shall establish a
program, which shall be known as the ``Regional
Technology Officer Program'' (referred to in this
section as the ``Program'').
(2) Goals.--The goals of the Program shall include
the following:
(A) Promoting United States leadership in
technology abroad.
(B) Working with partners to increase the
deployment of critical and emerging technology
in support of democratic values.
(C) Shaping diplomatic agreements in regional
and international fora with respect to critical
and emerging technologies.
(D) Building diplomatic capacity for handling
critical and emerging technology issues.
(E) Facilitating the role of critical and
emerging technology in advancing the foreign
policy objectives of the United States through
engagement with research labs, incubators, and
venture capitalists.
(F) Maintaining the advantages of the United
States with respect to critical and emerging
technologies.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
an implementation plan to the appropriate congressional
committees that outlines strategies for--
(1) advancing the goals described in subsection
(a)(2);
(2) hiring Regional Technology Officers and
increasing the competitiveness of the Program within
the Foreign Service bidding process;
(3) expanding the Program to include a minimum of 15
Regional Technology Officers; and
(4) assigning not fewer than 2 Regional Technology
Officers to posts within--
(A) each regional bureau of the Department;
and
(B) the Bureau of International Organization
Affairs.
(c) Annual Briefing Requirement.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary shall brief
the appropriate congressional committees regarding the status
of the implementation plan required under subsection (b).
(d) Authorization of Appropriations.--There is authorized to
be appropriated up to $25,000,000 for each of the fiscal years
2023 through 2027 to carry out this section.
SEC. 9509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PROGRAM
REPORT.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty
program'' means a program under which an approved
individual, organization, or company is temporarily
authorized to identify and report vulnerabilities of
internet-facing information technology of the
Department in exchange for compensation.
(2) Information technology.--The term ``information
technology'' has the meaning given such term in section
11101 of title 40, United States Code.
(b) Vulnerability Disclosure Policy.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
design, establish, and make publicly known a
Vulnerability Disclosure Policy (referred to in this
section as the ``VDP'') to improve Department
cybersecurity by--
(A) creating Department policy and
infrastructure to receive reports of and
remediate discovered vulnerabilities in line
with existing policies of the Office of
Management and Budget and the Department of
Homeland Security Binding Operational Directive
20-01 or any subsequent directive; and
(B) providing a report on such policy and
infrastructure to Congress.
(2) Annual reports.--Not later than 180 days after
the establishment of the VDP pursuant to paragraph (1),
and annually thereafter for the following 5 years, the
Secretary shall submit a report on the VDP to the
Committee on Foreign Relations of the Senate, the
Committee on Homeland Security and Governmental Affairs
of the Senate, the Select Committee on Intelligence of
the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House
of Representatives that includes information relating
to--
(A) the number and severity of all security
vulnerabilities reported;
(B) the number of previously unidentified
security vulnerabilities remediated as a
result;
(C) the current number of outstanding
previously unidentified security
vulnerabilities and Department of State
remediation plans;
(D) the average time between the reporting of
security vulnerabilities and remediation of
such vulnerabilities;
(E) the resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security
vulnerability remediation;
(F) how the VDP identified vulnerabilities
are incorporated into existing Department
vulnerability prioritization and management
processes;
(G) any challenges in implementing the VDP
and plans for expansion or contraction in the
scope of the VDP across Department information
systems; and
(H) any other topic that the Secretary
determines to be relevant.
(c) Bug Bounty Program Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit a report to Congress that describes any ongoing
efforts by the Department or a third-party vendor under
contract with the Department to establish or carry out
a bug bounty program that identifies security
vulnerabilities of internet-facing information
technology of the Department.
(2) Report.--Not later than 180 days after the date
on which any bug bounty program is established, the
Secretary shall submit a report to the Committee on
Foreign Relations of the Senate, the Committee on
Homeland Security and Governmental Affairs of the
Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Homeland
Security of the House of Representatives regarding such
program, including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such
program, disaggregated by the number of
approved individuals, organizations, or
companies that--
(i) registered;
(ii) were approved;
(iii) submitted security
vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such
program;
(C) the number of previously unidentified
security vulnerabilities remediated as a result
of such program;
(D) the current number of outstanding
previously unidentified security
vulnerabilities and Department remediation
plans for such outstanding vulnerabilities;
(E) the average length of time between the
reporting of security vulnerabilities and
remediation of such vulnerabilities;
(F) the types of compensation provided under
such program;
(G) the lessons learned from such program;
(H) the public accessibility of contact
information for the Department regarding the
bug bounty program;
(I) the incorporation of bug bounty program
identified vulnerabilities into existing
Department vulnerability prioritization and
management processes; and
(J) any challenges in implementing the bug
bounty program and plans for expansion or
contraction in the scope of the bug bounty
program across Department information systems.
TITLE XCVI--PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS AND
EXPOSITIONS.
(a) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) Authorization of Appropriations.--Consistent with section
204 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (22
U.S.C. 2452b), subject to subsections (c) and (d), there is
authorized to be appropriated to the Department up to
$25,000,000 for each of the fiscal years 2023 and 2024 for
United States participation in international fairs and
expositions abroad, including for the construction and
operation of a United States pavilion at Expo 2025 Osaka.
(c) Cost-share Requirement.--Amounts made available pursuant
to subsection (b) to the Department for a United States
pavilion or other major exhibit at an international fair or
exposition abroad shall be made available on a cost-matching
basis, to the maximum extent practicable, from sources other
than the United States Government.
(d) Notification.--
(1) In general.--No funds made available pursuant to
subsection (b) to the Department for a United States
pavilion or other major exhibit at an international
fair or exposition abroad may be obligated until at
least 15 days after the appropriate committees of
Congress have been notified of such intended
obligation.
(2) Matters to be included.--Each notification under
paragraph (1) shall include--
(A) a description of the source of such
funds, including any funds reprogrammed or
transferred by the Department to be made
available for such pavilion or other major
exhibit abroad;
(B) an estimate of the amount of investment
such pavilion or other major exhibit abroad
could bring to the United States; and
(C) a description of the strategy of the
Department to identify and obtain such matching
funds from sources other than the United States
Government, in accordance with subsection (c).
(e) Final Report.--Not later than 180 days after the date on
which a United States pavilion or other major exhibit abroad is
opened at an international fair or exposition in accordance
with this section, the Secretary shall submit a report to the
appropriate committees of Congress that includes--
(1) the number of United States businesses that
participated in such pavilion or other major exhibit;
and
(2) the dollar amount and source of any matching
funds obtained by the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC AFFAIRS.
(a) Financial and Human Resources Coordination.--Section
1(b)(3) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a) is amended--
(1) in subparagraph (D), by striking ``and'' at the
end;
(2) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) coordinate the allocation and
management of the financial and human resources
for public diplomacy, including for--
``(i) the Bureau of Educational and
Cultural Affairs;
``(ii) the Bureau of Global Public
Affairs;
``(iii) the Office of Policy,
Planning, and Resources for Public
Diplomacy and Public Affairs;
``(iv) the Global Engagement Center;
and
``(v) the public diplomacy functions
within the regional and functional
bureaus.''.
(b) Sense of Congress on the Importance of Filling the
Position of Under Secretary for Public Diplomacy and Public
Affairs.--It is the sense of Congress that since a vacancy in
the position of Under Secretary of State for Public Diplomacy
and Public Affairs is detrimental to the national security
interests of the United States, the President should
expeditiously nominate a qualified individual to such position
whenever such vacancy occurs to ensure that the bureaus
reporting to such position are able to fulfill their mission
of--
(1) expanding and strengthening relationships between
the people of the United States and citizens of other
countries; and
(2) engaging, informing, and understanding the
perspectives of foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.
Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report that includes--
(1) an evaluation of the May 2019 merger of the
Bureau of Public Affairs and the Bureau of
International Information Programs to form the Bureau
of Global Public Affairs with respect to--
(A) the efficacy of the current configuration
of the bureaus reporting to the Under Secretary
of State for Public Diplomacy and Public
Affairs in achieving the mission of the
Department;
(B) the metrics before and after such merger,
including personnel data, disaggregated by
position and location, content production,
opinion polling, program evaluations, and media
appearances;
(C) the results of a survey of public
diplomacy practitioners to determine their
opinion of the efficacy of such merger and any
adjustments that still need to be made; and
(D) a plan for evaluating and monitoring, not
less frequently than once every 2 years, the
programs, activities, messaging, professional
development efforts, and structure of the
Bureau of Global Public Affairs, and submitting
a summary of each such evaluation to the
appropriate congressional committees; and
(2) a review of recent outside recommendations for
modernizing diplomacy at the Department with respect to
public diplomacy efforts, including--
(A) efforts in each of the bureaus reporting
to the Under Secretary of State for Public
Diplomacy and Public Affairs to address issues
of diversity and inclusion in their work,
structure, data collection, programming, and
personnel, including any collaboration with the
Chief Diversity and Inclusion Officer;
(B) proposals to collaborate with think tanks
and academic institutions working on public
diplomacy issues to implement recent outside
recommendations; and
(C) additional authorizations and
appropriations necessary to implement such
recommendations.
SEC. 9604. PROMOTING PEACE, EDUCATION, AND CULTURAL EXCHANGE THROUGH
MUSIC DIPLOMACY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) music is an important conveyer of culture and can
be used to communicate values and build understanding
between communities;
(2) musical artists play a valuable role in cross-
cultural exchange, and their works and performances can
promote peacebuilding and conflict resolution efforts;
(3) the music industry in the United States has made
important contributions to American society and
culture, and musicians and industry professionals in
the United States can offer valuable expertise to young
musical artists around the world; and
(4) the United States Government should promote
exchange programs, especially programs that leverage
the expertise and resources of the private sector, that
give young musical artists from around the world the
chance--
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support
conflict resolution and peacebuilding efforts
in their communities and broader societies.
(b) Authorization of Music-related Exchange Programs.--The
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2451 et seq.; commonly known as the Fulbright-Hays Act) is
amended--
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))--
(A) in clause (iii), by inserting ``and'' at
the end; and
(B) in clause (iv)--
(i) by inserting ``, including in
coordination and consultation with the
private sector,'' before ``similar'';
and
(ii) by striking the period at the
end and inserting ``; and''; and
(2) in section 112(a) (22 U.S.C. 2460(a))--
(A) in paragraph (8), by striking ``and'' at
the end;
(B) in paragraph (9), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) exchange programs, including in coordination
and consultation with the private sector, focused on
music and the performing arts that provide
opportunities for foreign nationals and Americans to
build cross-cultural understanding and advance peace
abroad.''.
(c) Private Sector Partnerships.--
(1) In general.--The Secretary should continue--
(A) to partner with the private sector in
support of music-related exchange programs
implemented by the Bureau of Educational and
Cultural Affairs (referred to in this section
as the ``ECA'');
(B) to leverage private sector expertise in
developing and implementing such programs; and
(C) to expand networking and mentorship
opportunities for program participants.
(2) Authorization of certain partnerships.--The
Secretary is authorized to partner with the private
sector to recognize musicians--
(A) whose works or performances have advanced
peace abroad; and
(B) who could contribute to networking and
mentorship opportunities for participants of
music-related exchange programs implemented by
ECA.
(d) Strategy.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall
submit a strategy to the appropriate congressional
committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the
House of Representatives for advancing United States
foreign policy goals, including conflict resolution and
peacebuilding efforts, through music-related exchange
programs implemented by ECA. Such strategy shall
include--
(A) a description of clearly defined annual
goals, targets, and planned outcomes for each
music-related exchange program;
(B) a plan to monitor and evaluate each
music-related exchange program and progress
made toward achieving such goals, targets, and
planned outcomes, including measurable
benchmarks;
(C) a plan to ensure that music-related
exchange programs are promoting United States
foreign policy objectives, including ensuring
such programs are clearly branded and paired
with robust public diplomacy efforts;
(D) a plan to pursue partnerships with the
private sector while implementing music-related
exchange programs, including leveraging
industry expertise and expanding networking and
mentorship opportunities for program
participants;
(E) examples of how ECA's music-related
exchange programs have contributed to conflict
resolution and peacebuilding efforts to date,
including through participant and alumni
actions;
(F) a description of lessons learned
regarding how to better encourage conflict
resolution and peacebuilding efforts through
ECA's music-related exchange programs; and
(G) a plan to incorporate such lessons
learned into relevant current and future
programming.
(2) Consultation.--In developing the strategy
required under paragraph (1), the Secretary shall
consult with the appropriate congressional committees
and relevant private sector partners.
TITLE XCVII--OTHER MATTERS
SEC. 9701. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY
INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to
obtain employment in the United Nations Secretariat,
funds, programs, and agencies; and
(2) the Department should bolster efforts to increase
the number of qualified United States nationals who are
candidates for leadership and oversight positions in
the United Nations system, agencies, and commissions,
and in other international organizations.
(b) In General.--The Secretary is authorized to promote the
employment and advancement of United States citizens by
international organizations and bodies, including by--
(1) providing stipends, consultation, and analytical
services to support United States citizen applicants;
and
(2) making grants for the purposes described in
paragraph (1).
(c) Using Diplomatic Programs Funding To Promote the
Employment of United States Citizens by International
Organizations.--Amounts appropriated under the heading
``Diplomatic Programs'' in Acts making appropriations for the
Department of State, Foreign Operations, and Related Programs
are authorized to be appropriated for grants, programs, and
activities described in subsection (b).
(d) Strategy to Establish Junior Professional Program.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Secretary of the Treasury and
other relevant cabinet members, shall publish a
strategy for encouraging United States citizens to
pursue careers with international organizations,
particularly organizations that--
(A) set international scientific, technical,
or commercial standards; or
(B) are involved in international finance and
development.
(2) Report to congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary,
in coordination with the Secretary of the Treasury and
other relevant cabinet members, shall submit a report
to the appropriate congressional committees that
identifies--
(A) the number of United States citizens who
are involved in relevant junior professional
programs in an international organization;
(B) the distribution of individuals described
in subparagraph (A) among various international
organizations; and
(C) the types of pre-deployment training that
are available to United States citizens through
a junior professional program at an
international organization.
SEC. 9702. INCREASING HOUSING AVAILABILITY FOR CERTAIN EMPLOYEES
ASSIGNED TO THE UNITED STATES MISSION TO THE UNITED
NATIONS.
Section 9(2) of the United Nations Participation Act of 1945
(22 U.S.C. 287e-1(2)), is amended by striking ``30'' and
inserting ``41''.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS
SECURITY COUNCIL.
The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following:
``SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING
OPERATIONS NOT AUTHORIZED BY THE UNITED NATIONS
SECURITY COUNCIL.
``None of the funds authorized to be appropriated or
otherwise made available to pay assessed and other expenses of
international peacekeeping activities under this Act may be
made available for an international peacekeeping operation that
has not been expressly authorized by the United Nations
Security Council.''.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO FREE ASIA,
THE MIDDLE EAST BROADCASTING NETWORKS, AND THE OPEN
TECHNOLOGY FUND.
The United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.) is amended by inserting after section 306
(22 U.S.C. 6205) the following:
``SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.
``(a) In General.--The corporate board of directors of each
grantee under this title--
``(1) shall be bipartisan;
``(2) shall, except as otherwise provided in this
Act, have the sole responsibility to operate their
respective grantees within the jurisdiction of their
respective States of incorporation;
``(3) shall be composed of not fewer than 5 members,
who shall be qualified individuals who are not employed
in the public sector; and
``(4) shall appoint successors in the event of
vacancies on their respective boards, in accordance
with applicable bylaws.
``(b) Not Federal Employees.--No employee of any grantee
under this title may be a Federal employee.''.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO CONSOLIDATE INTO
A SINGLE PRIVATE, NONPROFIT CORPORATION.
Section 310 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6209) is amended. to read as follows:
``SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING
ENTITIES.
``(a) Defined Term.--In this chapter--
``(1) the term `grant' includes agreements under
section 6305 of title 31, United States Code; and
``(2) the term `grantee' includes recipients of an
agreement described in paragraph (1).
``(b) Incorporation.--The Chief Executive Officer is
authorized to incorporate grantees in accordance with the
regular notification procedures of--
``(1) the Committee on Appropriations of the Senate;
``(2) the Committee on Foreign Relations of the
Senate;
``(3) the Committee on Appropriations of the House of
Representatives; and
``(4) the Committee on Foreign Affairs of the House
of Representatives.
``(c) Federal Status.--Nothing in this chapter or in any
other Act, and no action taken pursuant to this chapter or any
other Act, may be construed to make a grantee incorporated
pursuant to subsection (b), or any other grantee or entity
provided funding by the Agency, a Federal agency or
instrumentality.
``(d) Leadership of Grantee Organizations.--The chief
executive officer or the equivalent official of RFE/RL Inc.,
Radio Free Asia, the Open Technology Fund, and the Middle East
Broadcasting Networks, and any other organization that is
established or authorized under this chapter, shall serve at
the pleasure of, and may be named by, the Chief Executive
Officer of the Agency, with the concurrence of the Grantee
Board and subject to the approval of the Advisory Board
pursuant to section 306.''.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.
Section 305(a) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended--
(1) in paragraph (1), by striking ``direct and'';
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23)
as paragraphs (20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking
``and to condition grants'' and all that follows and
inserting a period.
SEC. 9707. GLOBAL INTERNET FREEDOM.
(a) Statement of Policy.--It is the policy of the United
States to promote internet freedom through programs of the
Department and USAID that preserve and expand the internet as
an open, global space for freedom of expression and
association, which shall be prioritized for countries--
(1) whose governments restrict freedom of expression
on the internet; and
(2) that are important to the national interest of
the United States.
(b) Purpose and Coordination With Other Programs.--Global
internet freedom programming under this section--
(1) shall be coordinated with other United States
foreign assistance programs that promote democracy and
support the efforts of civil society--
(A) to counter the development of repressive
internet-related laws and regulations,
including countering threats to internet
freedom at international organizations;
(B) to combat violence against bloggers and
other civil society activists who utilize the
internet; and
(C) to enhance digital security training and
capacity building for democracy activists;
(2) shall seek to assist efforts--
(A) to research key threats to internet
freedom;
(B) to continue the development of
technologies that provide or enhance access to
the internet, including circumvention tools
that bypass internet blocking, filtering, and
other censorship techniques used by
authoritarian governments; and
(C) to maintain the technological advantage
of the Federal Government over the censorship
techniques described in subparagraph (B); and
(3) shall be incorporated into country assistance and
democracy promotion strategies, as appropriate.
(c) Authorization of Appropriations.--There are authorized to
be appropriated for fiscal year 2023--
(1) $75,000,000 to the Department and USAID, to
continue efforts to promote internet freedom globally,
and shall be matched, to the maximum extent
practicable, by sources other than the Federal
Government, including the private sector; and
(2) $49,000,000 to the United States Agency for
Global Media (referred to in this section as the
``USAGM'') and its grantees, for internet freedom and
circumvention technologies that are designed--
(A) for open-source tools and techniques to
securely develop and distribute digital content
produced by the USAGM and its grantees;
(B) to facilitate audience access to such
digital content on websites that are censored;
(C) to coordinate the distribution of such
digital content to targeted regional audiences;
and
(D) to promote and distribute such tools and
techniques, including digital security
techniques.
(d) United States Agency for Global Media Activities.--
(1) Annual certification.--For any new tools or
techniques authorized under subsection (c)(2), the
Chief Executive Officer of the USAGM, in consultation
with the President of the Open Technology Fund
(referred to in this subsection as the ``OTF'') and
relevant Federal departments and agencies, shall submit
an annual certification to the appropriate
congressional committees that verifies they--
(A) have evaluated the risks and benefits of
such new tools or techniques; and
(B) have established safeguards to minimize
the use of such new tools or techniques for
illicit purposes.
(2) Information sharing.--The Secretary may not
direct programs or policy of the USAGM or the OTF, but
may share any research and development with relevant
Federal departments and agencies for the exclusive
purposes of--
(A) sharing information, technologies, and
best practices; and
(B) assessing the effectiveness of such
technologies.
(3) United states agency for global media.--The Chief
Executive Officer of the USAGM, in consultation with
the President of the OTF, shall--
(A) coordinate international broadcasting
programs and incorporate such programs into
country broadcasting strategies, as
appropriate;
(B) solicit project proposals through an
open, transparent, and competitive application
process, including by seeking input from
technical and subject matter experts; and
(C) support internet circumvention tools and
techniques for audiences in countries that are
strategic priorities for the OTF, in accordance
with USAGM's annual language service
prioritization review.
(e) USAGM Report.--Not later than 120 days after the date of
the enactment of this Act, the Chief Executive Office of the
USAGM shall submit a report to the appropriate congressional
committees that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom
programs within the USAGM, including--
(i) the efforts of the Office of
Internet Freedom; and
(ii) the efforts of the Open
Technology Fund;
(B) the capacity of internet censorship
circumvention tools supported by the Office of
Internet Freedom and grantees of the Open
Technology Fund that are available for use by
individuals in foreign countries seeking to
counteract censors; and
(C) any barriers to the provision of the
efforts described in clauses (i) and (ii) of
subparagraph (A), including access to surge
funding; and
(2) successful examples from the Office of Internet
Freedom and Open Technology Fund involving--
(A) responding rapidly to internet shutdowns
in closed societies; and
(B) ensuring uninterrupted circumvention
services for USAGM entities to promote internet
freedom within repressive regimes.
(f) Joint Report.--Not later than 60 days after the date of
the enactment of this Act, the Secretary and the Administrator
of USAID shall jointly submit a report, which may include a
classified annex, to the appropriate congressional committees
that describes--
(1) as of the date of the report--
(A) the full scope of internet freedom
programs within the Department and USAID,
including--
(i) Department circumvention efforts;
and
(ii) USAID efforts to support
internet infrastructure;
(B) the capacity of internet censorship
circumvention tools supported by the Federal
Government that are available for use by
individuals in foreign countries seeking to
counteract censors; and
(C) any barriers to provision of the efforts
enumerated in clauses (i) and (ii) of
subsection (e)(1)(A), including access to surge
funding; and
(2) any new resources needed to provide the Federal
Government with greater capacity to provide and boost
internet access--
(A) to respond rapidly to internet shutdowns
in closed societies; and
(B) to provide internet connectivity to
foreign locations where the provision of
additional internet access service would
promote freedom from repressive regimes.
(g) Security Audits.--Before providing any support for open
source technologies under this section, such technologies must
undergo comprehensive security audits to ensure that such
technologies are secure and have not been compromised in a
manner that is detrimental to the interest of the United States
or to the interests of individuals and organizations
benefitting from programs supported by such funding.
(h) Surge.--
(1) Authorization of appropriations.--Subject to
paragraph (2), there is authorized to be appropriated,
in addition to amounts otherwise made available for
such purposes, up to $2,500,000 to support internet
freedom programs in closed societies, including
programs that--
(A) are carried out in crisis situations by
vetted entities that are already engaged in
internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for
companies that received Federal funding during
the previous fiscal year.
(2) Certification.--Amounts authorized to be
appropriated pursuant to paragraph (1) may not be
expended until the Secretary has certified to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives that the
use of such funds is in the national interest of the
United States.
(i) Defined Term.--In this section, the term ``internet
censorship circumvention tool'' means a software application or
other tool that an individual can use to evade foreign
government restrictions on internet access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE EXPORT CONTROL
REFORM ACT.
Section 38(e) of the Arms Export Control Act (22 U.S.C.
2778(e)) is amended--
(1) by striking ``subsections (c), (d), (e), and (g)
of section 11 of the Export Administration Act of 1979,
and by subsections (a) and (c) of section 12 of such
Act'' and inserting ``subsections (c) and (d) of
section 1760 of the Export Control Reform Act of 2018
(50 U.S.C. 4819), and by subsections (a)(1), (a)(2),
(a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of
such Act (50 U.S.C. 4820)'';
(2) by striking ``11(c)(2)(B) of such Act'' and
inserting ``1760(c)(2) of such Act (50 U.S.C.
4819(c)(2))'';
(3) by striking ``11(c) of the Export Administration
Act of 1979'' and inserting ``section 1760(c) of the
Export Control Reform Act of 2018 (50 U.S.C.
4819(c))''; and
(4) by striking ``$500,000'' and inserting ``the
greater of $1,200,000 or the amount that is twice the
value of the transaction that is the basis of the
violation with respect to which the penalty is
imposed.''.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT AVAILABLE
WITHOUT APPROVAL BY THE SECRETARY.
Section 10(a) of the Foreign Service Buildings Act, 1926 (22
U.S.C. 301(a)), is amended by striking ``$50,000'' and
inserting ``$100,000''.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL RESOURCES
ABROAD.
Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that details, with regard
to the Department--
(1) diplomatic efforts to ensure United States access
to critical minerals acquired from outside of the
United States that are used to manufacture clean energy
technologies; and
(2) collaboration with other parts of the Federal
Government to build a robust supply chain for critical
minerals necessary to manufacture clean energy
technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE DEVELOPMENT
PROJECTS.
(a) Assessment of Impact to United States National Security
of Infrastructure Projects by the People's Republic of China in
the Developing World.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives regarding the One
Belt, One Road Initiative, which is the global infrastructure
development strategy initiated by the Government of the
People's Republic of China in 2013.
(b) Report Elements.--The report required under subsection
(a) shall--
(1) describe the nature and cost of One Belt, One
Road Initiative investments, operation, and
construction of strategic infrastructure projects,
including logistics, refining, and processing
industries and resource facilities, and critical and
strategic mineral resource extraction projects,
including an assessment of--
(A) the strategic benefits of such
investments that are derived by the People's
Republic of China and the host nation; and
(B) the negative impacts of such investments
to the host nation and to United States
interests;
(2) describe the nature and total funding of United
States' strategic infrastructure investments and
construction, such as projects financed through
initiatives such as Prosper Africa and the Millennium
Challenge Corporation;
(3) assess the national security threats posed by the
foreign infrastructure investment gap between the
People's Republic of China and the United States,
including strategic infrastructure, such as ports,
market access to, and the security of, critical and
strategic minerals, digital and telecommunications
infrastructure, threats to the supply chains, and
general favorability towards the People's Republic of
China and the United States among the populations of
host countries;
(4) assess the opportunities and challenges for
companies based in the United States and companies
based in United States partner and allied countries to
invest in foreign strategic infrastructure projects in
countries where the People's Republic of China has
focused these types of investments;
(5) identify challenges and opportunities for the
United States Government and United States partners and
allies to more directly finance and otherwise support
foreign strategic infrastructure projects, including an
assessment of the authorities and capabilities of
United States agencies, departments, public-private
partnerships, and international or multilateral
organizations to support such projects without
undermining United States domestic industries, such as
domestic mineral deposits; and
(6) include recommendations for United States
Government agencies to undertake or increase support
for United States businesses to support foreign, large-
scale, strategic infrastructure projects, such as
roads, power grids, and ports.
SEC. 9712. PROVISION OF PARKING SERVICES AND RETENTION OF PARKING FEES.
The Secretary of State may--
(1) provide parking services, including electric
vehicle charging and other parking services, in
facilities operated by or for the Department; and
(2) charge fees for such services that may be
deposited into the appropriate account of the
Department, to remain available until expended for the
purposes of such account, provided that the fees shall
not exceed the cost of the providing such services.
SEC. 9713. DIPLOMATIC RECEPTION AREAS.
(a) Defined Term.--In this section, the term ``reception
areas'' has the meaning given such term in section 41(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2713(c)).
(b) In General.--The Secretary may sell goods and services at
fair market value and use the proceeds of such sales for
administration and related support of the reception areas.
(c) Amounts Collected.--Amounts collected pursuant to the
authority provided under subsection (b) may be deposited into
an account in the Treasury, to remain available until expended.
SEC. 9714. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT APPLICATIONS
THROUGH UNITED STATES POSTAL SERVICE CERTIFIED
MAIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
procedure that provides, to any individual applying for a new
United States passport or to renew the United States passport
of the individual by mail, the option to have supporting
documents for the application returned to the individual by the
United States Postal Service through certified mail.
(b) Cost.--
(1) Responsibility.--The cost of returning supporting
documents to an individual as described in subsection
(a) shall be the responsibility of the individual.
(2) Fee.--The fee charged to the individual by the
Secretary for returning supporting documents as
described in subsection (a) shall be the sum of--
(A) the retail price charged by the United
States Postal Service for the service; and
(B) the estimated cost of processing the
return of the supporting documents.
(3) Report.--Not later than 30 days after the
establishment of the procedure required under
subsection (a), the Secretary shall submit a report to
the appropriate congressional committees that--
(A) details the costs included in the
processing fee described in paragraph (2); and
(B) includes an estimate of the average cost
per request.
SEC. 9715. REPORT ON DISTRIBUTION OF PERSONNEL AND RESOURCES RELATED TO
ORDERED DEPARTURES AND POST CLOSURES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees that describes--
(1) how Department personnel and resources dedicated
to Mission Afghanistan were reallocated following the
closure of diplomatic posts in Afghanistan in August
2021; and
(2) the extent to which Department personnel and
resources for Mission Iraq were reallocated following
ordered departures for diplomatic posts in March 2020,
and how such resources were reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.
(a) Certification of Effectiveness of the Australia Group.--
Section 2(7) of Senate Resolution 75 (105th Congress) is
amended by striking subparagraph (C).
(b) Plans to Implement the Gandhi-King Scholarly Exchange
Initiative.--The Gandhi-King Scholarly Exchange Initiative Act
(subtitle D of title III of division FF of Public Law 116-260)
is amended by striking section 336.
(c) Progress Report on Jerusalem Embassy.--The Jerusalem
Embassy Act of 1995 (Public Law 104-45) is amended by striking
section 6.
(d) Presidential Anti-pedophilia Certification.--Section 102
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended by striking subsection
(g).
(e) Microenterprise for Self-reliance Report.--Title III of
the Microenterprise for Self-Reliance and International Anti-
Corruption Act of 2000 (Public Law 106-309; 22 U.S.C. 2462
note) is amended by striking section 304.
SEC. 9717. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER
DOMESTIC EMPLOYEE TELEWORKING OVERSEAS AGREEMENTS.
(a) Definitions.--In this section:
(1) Civil service.--The term ``civil service'' has
the meaning given the term in section 2101 of title 5,
United States Code.
(2) Covered employee.--The term ``covered employee''
means an employee who--
(A) occupies a position in the civil service;
and
(B) is working overseas under a Domestic
Employee Teleworking Overseas agreement.
(3) Locality pay.--The term ``locality pay'' means a
locality-based comparability payment paid in accordance
with subsection (b).
(4) Nonforeign area.--The term ``nonforeign area''
has the meaning given the term in section 591.205 of
title 5, Code of Federal Regulations, or any successor
regulation.
(5) Overseas.--The term ``overseas'' means any
geographic location that is not in--
(A) the continental United States; or
(B) a nonforeign area.
(b) Payment of Locality Pay.--Each covered employee shall be
paid locality pay in an amount that is equal to the lesser of--
(1) the amount of a locality-based comparability
payment that the covered employee would have been paid
under section 5304 or 5304a of title 5, United States
Code, had the official duty station of the covered
employee not been changed to reflect an overseas
location under the applicable Domestic Employee
Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability
payment that the covered employee would be paid under
section 1113 of the Supplemental Appropriations Act,
2009 (Public Law 111-32), as limited under section
9802(c)(2) of this Act, if the covered employee were an
eligible member of the Foreign Service (as defined in
subsection (b) of such section 1113).
(c) Application.--Locality pay paid to a covered employee
under this section--
(1) shall begin to be paid not later than 60 days
after the date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject
to the same terms and conditions, as a locality-based
comparability payment paid under section 5304 or 5304a
of title 5, United States Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN ACTORS.
(a) Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary, in
consultation with the Secretary of the Treasury and the
Administrator, shall submit a report to the Committee
on Foreign Relations of the Senate, the Committee on
Armed Services of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Committee
on Armed Services of the House of Representatives, and
the Permanent Select Committee on Intelligence of the
House of Representatives regarding United States
diplomatic efforts in Africa in achieving United States
policy goals and countering the activities of malign
actors.
(2) Elements.--The report required under paragraph
(1) shall include--
(A) case studies from Mali, Sudan, the
Central African Republic, the Democratic
Republic of the Congo, Burkina Faso, and South
Sudan, with the goal of assessing the
effectiveness of diplomatic tools during the 5-
year period ending on the date of the enactment
of this Act; and
(B) an assessment of--
(i) the extent and effectiveness of
certain diplomatic tools to advance
United States priorities in the
respective case study countries,
including--
(I) in-country diplomatic
presence;
(II) humanitarian and
development assistance;
(III) support for increased
2-way trade and investment;
(IV) United States security
assistance;
(V) public diplomacy; and
(VI) accountability measures,
including sanctions;
(ii) whether the use of the
diplomatic tools described in clause
(i) achieved the diplomatic ends for
which they were intended; and
(iii) the means by which the Russian
Federation and the People's Republic of
China exploited any openings for
diplomatic engagement in the case study
countries.
(b) Form.--The report required under subsection (b) shall be
submitted in classified form.
(c) Classified Briefing Required.--Not later than 1 year
after the date of the enactment of this Act, the Secretary and
the Administrator shall jointly brief Congress regarding the
report required under subsection (b).
TITLE XCVIII--EXTENSION OF AUTHORITIES
SEC. 9801. DIPLOMATIC FACILITIES.
For the purposes of calculating the costs of providing new
United States diplomatic facilities in any fiscal year, in
accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
note), the Secretary of State, in consultation with the
Director of the Office of Management and Budget, shall
determine the annual program level and agency shares for such
fiscal year in a manner that is proportional to the
contribution of the Department of State for this purpose.
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.
(a) Passport Fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by striking
``September 30, 2010'' and inserting ``September 30, 2026''.
(b) USAID Civil Service Annuitant Waiver.--Section
625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)(B)) shall be applied by striking ``October 1, 2010''
and inserting ``September 30, 2024''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section
1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through
September 30, 2024.
(2) Limitation.--The authority described in paragraph
(1) may not be used to pay an eligible member of the
Foreign Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of
the locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(d) Inspector General Annuitant Waiver.--The authorities
provided under section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212)--
(1) shall remain in effect through September 30,
2024; and
(2) may be used to facilitate the assignment of
persons for oversight of programs in Somalia, South
Sudan, Syria, Venezuela, and Yemen.
(e) Security Review Committees.--The authority provided under
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan and shall apply to
facilities in Ukraine through September 30, 2024, except that
the notification and reporting requirements contained in such
section shall include the appropriate congressional committees,
the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives.
(f) Department of State Inspector General Waiver Authority.--
The Inspector General of the Department may waive the
provisions of subsections (a) through (d) of section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-by-case
basis, for an annuitant reemployed by the Inspector General on
a temporary basis, subject to the same constraints and in the
same manner by which the Secretary of State may exercise such
waiver authority pursuant to subsection (g) of such section.
SEC. 9803. COMMISSION ON REFORM AND MODERNIZATION OF THE DEPARTMENT OF
STATE.
(a) Short Title.--This section may be cited as the
``Commission on Reform and Modernization of the Department of
State Act''.
(b) Establishment of Commission.--There is established, in
the legislative branch, the Commission on Reform and
Modernization of the Department of State (referred to in this
section as the ``Commission'').
(c) Purposes.--The purposes of the Commission are--
(1) to examine the changing nature of diplomacy and
the ways in which the Department can modernize to
advance the interests of the United States; and
(2) to offer recommendations to the President and
Congress related to--
(A) the organizational structure of the
Department;
(B) personnel-related matters, including
recruitment, promotion, training, and retention
of the Department's workforce in order to
foster effective diplomacy worldwide, including
measures to strengthen diversity and inclusion
to ensure that the Department's workforce
represents all of America;
(C) the Department of State's domestic and
overseas facilities;
(D) the link among diplomacy and defense,
development, commercial, health, law
enforcement, science, technology, and other
core United States interests;
(E) legislation that authorizes United States
diplomacy, including the Foreign Service Act of
1980 (Public Law 96-465); and
(F) related regulations, rules, and processes
that define United States diplomatic efforts,
including the Foreign Affairs Manual.
(d) Membership.--
(1) Composition.--The Commission shall be composed of
16 members, of whom--
(A) 4 members shall be appointed by the
President in a nonpartisan manner;
(B) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the majority
leader of the Senate;
(C) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the Speaker of
the House of Representatives;
(D) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority
leader of the Senate;
(E) 2 members (1 of whom may be a Member of
Congress) shall be appointed by the minority
leader of the House of Representatives;
(F) 1 member shall be appointed by the
chairperson of the Committee on Foreign
Relations of the Senate;
(G) 1 member shall be appointed by the
ranking member of the Committee on Foreign
Relations of the Senate;
(H) 1 member shall be appointed by the
chairperson of the Committee on Foreign Affairs
of the House of Representatives; and
(I) 1 member shall be appointed by the
ranking member of the Committee on Foreign
Affairs of the House of Representatives.
(2) Qualifications.--
(A) Membership.--Any member of the Commission
who is not a Member of Congress shall be a
private United States citizen who is nationally
recognized and has significant depth of
experience in international relations, data-
driven management, and the policymaking,
programmatic, and personnel aspects of the
Department.
(B) Restrictions.--
(i) Foreign agents registration act
of 1938.--No member of the Commission
may be a current or former registrant
under the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611 et seq.).
(ii) Members of congress.--Not more
than 4 members of the Commission may be
Members of Congress, who may only be
appointed by the Majority Leader of the
Senate, the Minority Leader of the
Senate, the Speaker of the House of
Representatives, and the Minority
Leader of the House of Representatives
in accordance with paragraph (1). None
of the members of the Commission may be
individuals who are eligible to make
such appointments.
(3) Appointments.--
(A) Deadline.--Members of the Commission
shall be appointed pursuant to paragraph (1)
not later than 90 days after the date of the
enactment of this Act.
(B) Period of appointment; vacancies.--
Members of the Commission shall be appointed
for the life of the Commission. Any vacancy in
the Commission shall not affect the powers of
the Commission and shall be filled in the same
manner as the original appointment.
(C) Notifications.--Individuals making
appointments pursuant to paragraph (1) shall
notify the Chair and Ranking Member of the
appropriate committees of Congress and the
Secretary of State of such appointments.
(D) Co-chairpersons.--
(i) Democratic leaders.--The
Democratic leader in the Senate and the
Democratic leader in the House of
Representatives shall jointly select 1
member of the Commission appointed
pursuant to paragraph (1) to serve as a
co-chairperson of the Commission.
(ii) Republican leaders.--The
Republican leader in the Senate and the
Republican leader in the House of
Representatives shall jointly select 1
member of the Commission appointed
pursuant to paragraph (1) to serve as a
co-chairperson of the Commission.
(4) Removal.--A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of
such member under paragraph (1) if--
(A) notice was provided to such member
describing the cause for removal; and
(B) such removal was voted and agreed upon by
a majority of the members serving on the
Commission.
(5) Meetings.--
(A) Initial meeting.--Not later than 30 days
after a majority of the members of the
Commission have been appointed, the Commission
shall hold the first meeting and shall begin
operations as soon as practicable.
(B) Frequency.--The Commission shall meet
upon the call of the co-chairpersons, acting
jointly.
(C) Quorum.--A majority of the members of the
Commission, or a majority of the members of a
panel, shall constitute a quorum for purposes
of conducting business.
(e) Functions of Commission.--
(1) In general.--Except as provided in subsection
(j), the Commission shall act by resolution agreed to
by a majority of the members of the Commission voting
and present.
(2) Panels.--The Commission may establish panels
composed of less than the full membership of the
Commission for purposes of carrying out the duties of
the Commission under this section. The membership of
such panels should reflect the bipartisan composition
of the Commission. The actions of any such panel shall
be subject to the review and control of the Commission.
Any findings and determinations made by such a panel
may not be considered the findings and determinations
of the Commission unless such findings and
determinations are approved by a majority of the
Commission, including both co-chairpersons.
(f) Powers of Commission.--
(1) Hearings and evidence.--To carry out the purposes
of the Commission described in subsection (c), the
Commission or any panel of the Commission may, with the
joint approval of the co-chairpersons--
(A) hold such hearings and meetings, take
such testimony, receive such evidence, and
administer such oaths as the Commission or such
designated panel considers necessary;
(B) request the attendance and testimony of
such witnesses and the production of such
correspondence, memoranda, papers, and
documents, as the Commission or such designated
panel considers necessary; and
(C) secure from the Department, USAID, the
United States International Development Finance
Corporation, the Millennium Challenge
Corporation, Peace Corps, the United States
Trade Development Agency, and the United States
Agency for Global Media information and data
necessary to enable it to carry out its
mission.
(2) Contracts.--The Commission, to such extent and in
such amounts as are provided in appropriations Acts,
may enter into contracts to enable the Commission to
discharge its duties under this section.
(g) Support From Other Agencies.--
(1) Information from federal agencies.--To carry out
the purposes of the Commission described in subsection
(c), upon the receipt of a joint written request by the
co-chairpersons of the Commission to any of the heads
of the Department, USAID, the United States
International Development Finance Corporation, the
Millennium Challenge Corporation, the Peace Corps, the
Trade Development Agency, or the United States Agency
for Global Media, the heads of such entities shall
expeditiously furnish the requested information to the
Commission.
(2) Assistance from federal agencies.--The Department
of State and other Federal departments and agencies may
provide to the Commission, on a nonreimbursable basis,
such administrative services, staff, and other support
services as are necessary for the performance of the
Commission's duties under this section, at the request
of the Commission.
(3) Liaison.--The Secretary may designate at least 1
officer or employee of the Department to serve as a
liaison officer between the Department and the
Commission.
(4) Recommendations from independent organizations.--
The Commission may review recommendations by
independent organizations and outside experts relating
to reform and modernization of the Department.
(h) Congressional Consultation.--Not later than 180 days
after the initial meeting of the Commission, and not less
frequently than semiannually thereafter, the Commission shall
provide a briefing to Congress regarding the work of the
Commission.
(i) Staff and Compensation.--
(1) Staff.--
(A) Compensation.--The co-chairpersons of the
Commission shall appoint and fix the
compensation of a staff director and such other
personnel as may be necessary to enable the
Commission to carry out its duties, without
regard to the provisions of title 5, United
States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates,
except that no rate of pay fixed under this
subsection may exceed the equivalent of that
payable to a person occupying a position at
level V of the Executive Schedule under section
5316 of such title.
(B) Detail of government employees.--A
Federal Government employee may be detailed to
the Commission without reimbursement, and such
detail shall be without interruption or loss of
civil service status or privilege.
(C) Procurement of temporary and intermittent
services.--The co-chairs of the Commission may
procure temporary and intermittent services
under section 3109(b) of title 5, United States
Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the
Executive Schedule under section 5315 of such
title.
(D) Status as federal employees.--
Notwithstanding the requirements under section
2105 of title 5, United States Code, including
the required supervision under subsection
(a)(3) of such section, the members of the
commission shall be deemed to be Federal
employees.
(2) Commission members.--
(A) Compensation.--Except as provided in
subparagraph (C), each member of the Commission
shall be compensated at a rate not to exceed
the daily equivalent of the annual rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day (including travel
time) during which that member is engaged in
the actual performance of the duties of the
Commission.
(B) Waiver of certain provisions.--
Subsections (a) through (d) of section 824 of
the Foreign Service Act of 1980 (22 U.S.C.
4064) are waived for an annuitant on a
temporary basis so as to be compensated for
work performed as part of the Commission.
(C) Restriction for members of congress.--Any
Member of Congress serving as a member of the
Commission shall not receive any additional
compensation or pay for their service on the
Commission.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of
service for the Commission, members and staff of the
Commission, and any Federal Government employees
detailed to the Commission, shall be allowed travel
expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in
Government service are allowed expenses under section
5703(b) of title 5, United States Code.
(4) Security clearances for commission members and
staff.--
(A) In general.--Members and staff shall have
or be eligible to receive the appropriate
security clearance to conduct their duties.
(B) Expedited processing.--The Office of
Senate Security shall ensure the expedited
processing of appropriate security clearances
for members, officers, and employees of the
Commission.
(j) Report.--
(1) In general.--Not later than 24 months after the
first date on which a majority of the members of the
Commission have been appointed, the Commission shall
submit a final report to the Secretary and Congress
that includes--
(A) a detailed statement of the findings and
conclusions of the Commission; and
(B) the recommendations of the Commission for
such legislative and administrative actions as
the Commission considers appropriate in light
of the results of the study, including the
anticipated amount of time and resources
required to implement such recommendations.
(2) Department response.--The Secretary, in
coordination with the heads of appropriate Federal
departments and agencies, shall have the right to
review and respond to all Commission recommendations
before the Commission submits its final report to the
Secretary and Congress. The Commission shall provide
the Department with its recommendations not later than
90 days before the date of submission of its final
report.
(k) Termination of Commission.--
(1) In general.--The Commission, and all the
authorities under this section, shall terminate on the
date that is 60 days after the date on which the final
report is submitted pursuant to subsection (j)(1).
(2) Administrative activities before termination.--
The Commission may use the 60-day period referred to in
paragraph (1) for the purpose of concluding its
activities, including providing testimony to the
appropriate committees of Congress concerning its
reports and disseminating the report.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated up to $2,000,000 for fiscal year 2023 to
carry out this section.
(2) Transfers; support.--In addition to other
transfers and support otherwise authorized by law, the
Secretary may--
(A) transfer any amounts appropriated
pursuant to paragraph (1) to the Commission;
and
(B) use the amounts referred to in
subparagraph (A) to provide non-reimbursable
support to the Commission.
(3) Commission accounts.--
(A) Establishment.--The Secretary of the
Treasury may establish 1 or more accounts to
facilitate transfers to the Commission of
amounts authorized under paragraph (2)(A).
(B) Use of funds.--Amounts transferred to the
Commission pursuant to subparagraph(A) may be
used for the activities of the Commission,
including--
(i) the payment of Commission
expenses;
(ii) the compensation of Commission
members, officers, and employees.
(m) Defined Term.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
DIVISION J--OCEANS AND ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 10305. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
TITLE C--CORAL REEF CONSERVATION
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF 2000.
(a) In General.--The Coral Reef Conservation Act of 2000 (16
U.S.C. 6401 et seq.) is amended by striking sections 202
through 210 and inserting the following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United
States coral reef ecosystems challenged by natural and
human-accelerated changes, including increasing ocean
temperatures, changing ocean chemistry, coral
bleaching, coral diseases, water quality degradation,
invasive species, and illegal, unreported, and
unregulated fishing;
``(2) to promote the science-based management and
sustainable use of coral reef ecosystems to benefit
local communities and the Nation, including through
improved integration and cooperation among Federal and
non-Federal stakeholders responsible for managing coral
reef resources;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems, continuing and
emerging threats to such ecosystems, and the efficacy
of innovative tools, technologies, and strategies to
mitigate stressors and restore such ecosystems,
including evaluation criteria to determine the
effectiveness of management interventions, and accurate
mapping for coral reef restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven, and
community-based coral reef management by covered States
and covered Native entities, including monitoring,
conservation, and restoration projects that empower
local communities, small businesses, and
nongovernmental organizations;
``(5) to provide financial resources, technical
assistance, and scientific expertise to supplement,
complement, and strengthen community-based management
programs and conservation and restoration projects of
non-Federal reefs;
``(6) to establish a formal mechanism for collecting
and allocating monetary donations from the private
sector to be used for coral reef conservation and
restoration projects;
``(7) to support rapid, effective, and science-based
assessment and response to exigent circumstances that
pose immediate and long-term threats to coral reefs,
including--
``(A) coral disease outbreaks;
``(B) invasive or nuisance species;
``(C) coral bleaching;
``(D) natural disasters; and
``(E) industrial or mechanical disasters,
including vessel groundings, hazardous spills,
and coastal construction accidents; and
``(8) to serve as a model for advancing similar
international efforts to monitor, conserve, and restore
coral reef ecosystems.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION ACTIVITIES.
``(a) In General.--The Administrator, the Secretary of the
Interior, or the Secretary of Commerce may conduct activities
described in subsection (b) to conserve and restore coral reefs
and coral reef ecosystems that are consistent with--
``(1) all applicable laws governing resource
management in Federal and State waters, including this
Act;
``(2) the National Coral Reef Resilience Strategy;
and
``(3) coral reef action plans in effect under section
205, as applicable.
``(b) Activities Described.--Activities described in this
subsection are activities to conserve, research, monitor,
assess, and restore coral reefs and coral reef ecosystems in
waters managed under the jurisdiction of a Federal agency
specified in subsection (c) or in coordination with a State in
waters managed under the jurisdiction of such State,
including--
``(1) developing, including through the collection of
requisite in situ and remotely sensed data, high-
quality and digitized maps reflecting--
``(A) current and historical live coral cover
data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef
conservation to maintain biodiversity and
ecosystem structure and function, including the
reef matrix, that benefit coastal communities
and living marine resources;
``(D) priority areas for coral reef
restoration to enhance biodiversity and
ecosystem structure and function, including the
reef matrix, to benefit coastal communities and
living marine resources; and
``(E) areas of concern that may require
enhanced monitoring of coral health and cover;
``(2) enhancing compliance with Federal laws that
prohibit or regulate--
``(A) the taking of coral products or species
associated with coral reefs; or
``(B) the use and management of coral reef
ecosystems;
``(3) long-term ecological monitoring of coral reef
ecosystems;
``(4) implementing species-specific recovery plans
for listed coral species consistent with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) reducing land-based stressors to coral reef
ecosystems;
``(7) promoting ecologically sound navigation and
anchorages, including through navigational aids and
expansion of reef-safe anchorages and mooring buoy
systems, to enhance recreational access while
preventing or minimizing the likelihood of vessel
impacts or other physical damage to coral reefs;
``(8) monitoring and responding to severe bleaching
or mortality events, disease outbreaks, invasive
species outbreaks, and significant maritime accidents,
including hazardous spill cleanup and the removal of
grounded vessels;
``(9) conducting scientific research that contributes
to the understanding, sustainable use, and long-term
conservation of coral reefs;
``(10) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems
and their ecological and socioeconomic value; and
``(11) centrally archiving, managing, and
distributing on a public website data sets and coral
reef ecosystem assessments, including the data
repositories of the Coral Reef Conservation Program of
the National Oceanic and Atmospheric Administration.
``(c) Federal Agencies Specified.--A Federal agency specified
in this subsection is one of the following:
``(1) The National Oceanic and Atmospheric
Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) not later than 2 years after the date of the
enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, develop a
national coral reef resilience strategy; and
``(2) review and revise the strategy--
``(A) not less frequently than once every 15
years;
``(B) not less frequently than once every 5
years, in the case of guidance on best
practices under subsection (b)(4); and
``(C) as appropriate.
``(b) Elements.--The strategy required by subsection (a)
shall include the following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the
resilience of United States coral reef
ecosystems;
``(B) remaining gaps in coral reef ecosystem
research, monitoring, and assessment;
``(C) the status of management cooperation
and integration among Federal reef managers and
covered reef managers;
``(D) the status of efforts to manage and
disseminate critical information, and enhance
interjurisdictional data sharing, related to
research, reports, data sets, and maps;
``(E) areas of special focus, which may
include--
``(i) improving natural coral
recruitment;
``(ii) preventing avoidable losses of
corals and their habitat;
``(iii) enhancing the resilience of
coral populations;
``(iv) supporting a resilience-based
management approach;
``(v) developing, coordinating, and
implementing watershed management
plans;
``(vi) building and sustaining
watershed management capacity at the
local level;
``(vii) providing data essential for
coral reef fisheries management;
``(viii) building capacity for coral
reef fisheries management;
``(ix) increasing understanding of
coral reef ecosystem services;
``(x) educating the public on the
importance of coral reefs, threats and
solutions; and
``(xi) evaluating intervention
efficacy;
``(F) the status of conservation efforts,
including the use of marine protected areas to
serve as replenishment zones developed
consistent with local practices and traditions
and in cooperation with, and with respect for
the scientific, technical, and management
expertise and responsibilities of, covered reef
managers;
``(G) science-based adaptive management and
restoration efforts; and
``(H) management of coral reef emergencies
and disasters.
``(2) A statement of national goals and objectives
designed to guide--
``(A) future Federal coral reef management
and restoration activities authorized under
section 203;
``(B) conservation and restoration priorities
for grants awarded under section 211; and
``(C) research priorities for the reef
research coordination institutes designated
under section 213(b)(1)(B).
``(3) A designation of priority areas for
conservation, and priority areas for restoration, to
support the review and approval of grants under section
211(e).
``(4) Technical assistance in the form of general
templates for use by covered reef managers and Federal
reef managers to guide the development of coral reef
action plans under section 205, including guidance on
the best science-based practices to respond to coral
reef emergencies that can be included in coral reef
action plans.
``(c) Consultations.--In developing all elements of the
strategy required by subsection (a), the Administrator shall--
``(1) consult with the Secretary of the Interior, the
Task Force, covered States, and covered Native
entities;
``(2) consult with the Secretary of Defense, as
appropriate;
``(3) engage stakeholders, including covered States,
coral reef stewardship partnerships, reef research
institutes and research centers described in section
213, and recipients of grants under section 211; and
``(4) solicit public review and comment regarding
scoping and the draft strategy.
``(d) Submission to Congress; Publication.--The Administrator
shall--
``(1) submit the strategy required by subsection (a)
and any revisions to the strategy to the appropriate
congressional committees; and
``(2) publish the strategy and any such revisions on
public websites of--
``(A) the Coral Reef Conservation Program of
the National Oceanic and Atmospheric
Administration; and
``(B) the Task Force.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) In general.--Not later than 3 years after the
date of the enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 and 2
years after the date of publication of each National
Coral Reef Resilience Strategy, each Federal reef
manager shall--
``(A) prepare a coral reef action plan to
guide management and restoration activities to
be undertaken within the responsibilities and
jurisdiction of the manager; or
``(B) in the case of a reef under the
jurisdiction of a Federal reef manager for
which there is an action plan in effect as of
such date of enactment, update that plan to
comply with the requirements of this
subsection.
``(2) Elements.--A plan prepared under paragraph (1)
by a Federal reef manager shall include a discussion of
the following:
``(A) Short- and medium-term coral reef
conservation and restoration objectives within
the jurisdiction of the manager.
``(B) A current adaptive management framework
to inform research, monitoring, and assessment
needs.
``(C) Tools, strategies, and partnerships
necessary to identify, monitor, and address
pollution, water quality, and other negative
impacts to coral reef ecosystems within the
jurisdiction of the manager.
``(D) The status of efforts to improve coral
reef ecosystem management cooperation and
integration between Federal reef managers and
covered reef managers, including the
identification of existing research and
monitoring activities that can be leveraged for
coral reef status and trends assessments within
the jurisdiction of the manager.
``(E) Estimated budgetary and resource
considerations necessary to carry out the plan.
``(F) Contingencies for response to and
recovery from emergencies and disasters.
``(G) In the case of an updated plan, annual
records of significant management and
restoration actions taken under the previous
plan, cash and noncash resources used to
undertake the actions, and the source of such
resources.
``(H) Documentation by the Federal reef
manager that the plan is consistent with the
National Coral Reef Resilience Strategy.
``(I) A data management plan to ensure data,
assessments, and accompanying information are
appropriately preserved, curated, publicly
accessible, and broadly reusable.
``(3) Submission to task force.--Each Federal reef
manager shall submit a plan prepared under paragraph
(1) to the Task Force.
``(4) Application of administrative procedure act.--
Each plan prepared under paragraph (1) shall be subject
to the requirements of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly
known as the `Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect
to prepare, submit to the Task Force, and maintain a
coral reef action plan to guide management and
restoration activities to be undertaken within the
responsibilities and jurisdiction of the manager.
``(2) Effective period.--A plan prepared under this
subsection shall remain in effect for 5 years, or until
an updated plan is submitted to the Task Force,
whichever occurs first.
``(3) Elements.--A plan prepared under paragraph (1)
by a covered reef manager--
``(A) shall contain a discussion of--
``(i) short- and medium-term coral
reef conservation and restoration
objectives within the jurisdiction of
the manager;
``(ii) estimated budgetary and
resource considerations necessary to
carry out the plan;
``(iii) in the case of an updated
plan, annual records of significant
management and restoration actions
taken under the previous plan, cash and
noncash resources used to undertake the
actions, and the source of such
resources; and
``(iv) contingencies for response to
and recovery from emergencies and
disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to
improve coral reef ecosystem management
cooperation and integration between
Federal reef managers and covered reef
managers, including the identification
of existing research and monitoring
activities that can be leveraged for
coral reef status and trends
assessments within the jurisdiction of
the manager;
``(ii) a current adaptive management
framework to inform research,
monitoring, and assessment needs;
``(iii) tools, strategies, and
partnerships necessary to identify,
monitor, and address pollution and
water quality impacts to coral reef
ecosystems within the jurisdiction of
the manager; and
``(iv) a data management plan to
ensure data, assessments, and
accompanying information are
appropriately preserved, curated,
publicly accessible, and broadly
reusable.
``(c) Technical Assistance.--The Administrator and the Task
Force shall make reasonable efforts to provide technical
assistance upon request by a Federal reef manager or covered
reef manager developing a coral reef action plan under this
section.
``(d) Publication.--The Administrator shall publish each
coral reef action plan prepared and submitted to the Task Force
under this section on the public website of the Coral Reef
Conservation Program of the National Oceanic and Atmospheric
Administration.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further community-based stewardship of
coral reefs, coral reef stewardship partnerships for Federal
and non-Federal coral reefs may be established in accordance
with this section.
``(b) Standards and Procedures.--The Administrator shall
develop and adopt--
``(1) standards for identifying individual coral
reefs and ecologically significant units of coral
reefs; and
``(2) processes for adjudicating multiple applicants
for stewardship of the same coral reef or ecologically
significant unit of a reef to ensure no geographic
overlap in representation among stewardship
partnerships authorized by this section.
``(c) Membership for Federal Coral Reefs.--A coral reef
stewardship partnership that has identified, as the subject of
its stewardship activities, a coral reef or ecologically
significant unit of a coral reef that is fully or partially
under the management jurisdiction of any Federal agency
specified in section 203(c) shall, at a minimum, include the
following:
``(1) That Federal agency, a representative of which
shall serve as chairperson of the coral reef
stewardship partnership.
``(2) A State or county's resource management agency
to the extent that such partnership covers a reef
within such States or county's jurisdiction.
``(3) A coral reef research center designated under
section 212(b).
``(4) A nongovernmental organization.
``(5) A covered Native entity culturally affiliated
with the subject reef or ecologically significant unit,
if any.
``(6) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and
covered Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship
partnership that has identified, as the subject of its
stewardship activities, a coral reef or ecologically
significant component of a coral reef that is not under
the management jurisdiction of any Federal agency
specified in section 203(c) shall, at a minimum,
include the following:
``(A) A State or county's resource management
agency or a covered Native entity, a
representative of which shall serve as the
chairperson of the coral reef stewardship
partnership.
``(B) A coral reef research center designated
under section 212(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership
considers appropriate, such as interested
stakeholder groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph
(B), a coral reef stewardship partnership
described in paragraph (1) may also include
representatives of one or more Federal
agencies.
``(B) Requests; approval.--A representative
of a Federal agency described in subparagraph
(A) may become a member of a coral reef
stewardship partnership described in paragraph
(1) if--
``(i) the representative submits a
request to become a member to the
chairperson of the partnership referred
to in paragraph (1)(A); and
``(ii) the chairperson consents to
the request.
``(e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to coral reef stewardship partnerships under this
section.
``SEC. 207. BLOCK GRANTS.
``(a) In General.--In each fiscal year beginning in fiscal
year 2023 and subject to the availability of appropriations,
the Administrator shall provide block grants of financial
assistance of not less than $500,000 to each covered State to
support management and restoration activities and further the
implementation of coral reef action plans in effect under
section 205 by covered States and non-Federal coral reef
stewardship partnerships in accordance with this section. The
Administrator shall review each covered State's application for
block grant funding to ensure that applications are consistent
with applicable action plans and the National Coral Reef
Resilience Strategy.
``(b) Responsibilities of the Administrator.--The
Administrator is responsible for--
``(1) providing guidance on the proper documentation
of expenditures authorized under this Act;
``(2) issuing annual solicitations to covered States
for awards under this section; and
``(3) determining the appropriate allocation of
additional amounts among covered States in accordance
with this section.
``(c) Responsibilities of Covered States.--Each covered State
is responsible for documenting and reporting--
``(1) such State's use of Federal funds received
under this Act; and
``(2) such expenditures of non-Federal funds made in
furtherance of coral reef management and restoration as
the Administrator determines appropriate.
``(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Administrator may seek to enter into a
cooperative agreement with a covered State to fund coral reef
conservation and restoration activities in waters managed under
the jurisdiction of such covered State that are consistent with
the National Coral Reef Resilience Strategy and any applicable
action plan under section 205.
``(e) All Islands Committee.--The Administrator may enter
into a cooperative agreement with the All Islands Committee of
the Task Force to provide support for its activities.
``SEC. 208. CORAL REEF STEWARDSHIP FUND.
``(a) Agreement.--The Administrator shall seek to enter into
an agreement with the National Fish and Wildlife Foundation (in
this section referred to as the `Foundation'), authorizing the
Foundation to receive, hold, and administer funds received
under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, which shall--
``(A) be known as the `Coral Reef Stewardship
Fund' (in this section referred to as the
`Fund'); and
``(B) serve as the successor to the account
known before the date of the enactment of the
James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 as the Coral Reef
Conservation Fund and administered through a
public-private partnership with the Foundation.
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely
to support coral reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the National Coral Reef
Resilience Strategy; and
``(ii) coral reef action plans in
effect, if any, under section 205
covering a coral reef or ecologically
significant component of a coral reef
to be impacted by such activities, if
applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation
shall invest such portion of the Fund as is not
required to meet current withdrawals in
interest-bearing obligations of the United
States or in obligations guaranteed as to both
principal and interest by the United States.
``(B) Interest and proceeds.--The interest
on, and the proceeds from the sale or
redemption of, any obligations held in the Fund
shall be credited to and form a part of the
Fund.
``(5) Review of performance.--The Administrator shall
conduct a continuing review of all deposits into, and
disbursements from, the Fund. Each review shall include
a written assessment concerning the extent to which the
Foundation has implemented the goals and requirements
of--
``(A) this section; and
``(B) the National Coral Reef Resilience
Strategy.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered
into under subsection (a), the Foundation may accept,
receive, solicit, hold, administer, and use any gift
(including, notwithstanding section 1342 of title 31,
United States Code, donations of services) to further
the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302
of title 31, United States Code, any funds received as
a gift shall be deposited and maintained in the Fund.
``(d) Administration.--Under an agreement entered into
pursuant to subsection (a), and subject to the availability of
appropriations, the Administrator may transfer funds
appropriated for such purposes to carry out this title to the
Foundation. Amounts received by the Foundation under this
subsection may be used for matching, in whole or in part,
contributions (whether in money, services, or property) made to
the Foundation by private persons, State or local government
agencies, or covered Native entities.
``SEC. 209. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of
law, from funds appropriated pursuant to the authorization of
appropriations under section 215, the Administrator may provide
emergency assistance to any covered State or coral reef
stewardship partnership to respond to immediate harm to coral
reefs or coral reef ecosystems arising from any of the exigent
circumstances described in subsection (b).
``(b) Coral Reef Exigent Circumstances.--The Administrator
shall develop a list of, and criteria for, circumstances that
pose an exigent threat to coral reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or
nuisance species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as
vessel groundings, hazardous spills, or coastal
construction accidents; and
``(6) such other circumstances as the Administrator
determines appropriate.
``(c) Annual Report on Exigent Circumstances.--On February 1
of each year, the Administrator shall submit to the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House of
Representatives a report that--
``(1) describes locations with exigent circumstances
described in subsection (b) that were considered but
declined for emergency assistance, and the rationale
for the decision; and
``(2) with respect to each instance in which
emergency assistance under this section was provided--
``(A) the location and a description of the
exigent circumstances that prompted the
emergency assistance, the entity that received
the assistance, and the current and expected
outcomes from the assistance;
``(B) a description of activities of the
National Oceanic and Atmospheric Administration
that were curtailed as a result of providing
the emergency assistance; and
``(C) an assessment of whether further action
is needed to restore the affected coral reef,
recommendations for such restoration, and a
cost estimate to implement such
recommendations.
``SEC. 210. CORAL REEF DISASTER FUND.
``(a) Agreements.--The Administrator shall seek to enter into
an agreement with the National Fish and Wildlife Foundation (in
this section referred to as the `Foundation'), authorizing the
Foundation to receive, hold, and administer funds received
under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, to be known as the `Coral Reef Disaster Fund'
(in this section referred to as the `Fund').
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely
to support the long-term recovery of coral reefs from
exigent circumstances described in section 209(b)--
``(A) in partnership with non-Federal
stakeholders; and
``(B) in a manner that is consistent with--
``(i) the National Coral Reef
Resilience Strategy; and
``(ii) coral reef action plans in
effect, if any, under section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation
shall invest such portion of the Fund as is not
required to meet current withdrawals in
interest-bearing obligations of the United
States or in obligations guaranteed as to both
principal and interest by the United States.
``(B) Interest and proceeds.--The interest
on, and the proceeds from, the sale or
redemption of, any obligations held in the Fund
shall be credited to and form a part of the
Fund.
``(5) Review of performance.--The Administrator shall
conduct continuing reviews of all deposits into, and
disbursements from, the Fund. Each such review shall
include a written assessment concerning the extent to
which the Foundation has implemented the goals and
requirements of this section.
``(c) Authorization To Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered
into under subsection (a), the Foundation may accept,
receive, solicit, hold, administer, and use any gift
(including, notwithstanding section 1342 of title 31,
United States Code, donations of services) to further
the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302
of title 31, United States Code, any funds received as
a gift shall be deposited and maintained in the Fund.
``SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, the Administrator shall establish a program (to
be known as the `Ruth D. Gates Coral Reef Conservation Grant
Program') to provide grants for projects for the conservation
and restoration of coral reef ecosystems (in this section
referred to as `coral reef projects') pursuant to proposals
approved by the Administrator in accordance with this section.
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph
(3), Federal funds for any coral reef project for which
a grant is provided under subsection (a) may not exceed
50 percent of the total cost of the project.
``(2) Non-federal share.--The non-Federal share of
the cost of a coral reef project may be provided by in-
kind contributions and other noncash support.
``(3) Waiver.--The Administrator may waive all or
part of the matching requirement under paragraph (1) if
the Administrator determines that no reasonable means
are available through which an applicant can meet the
matching requirement with respect to a coral reef
project and the probable benefit of the project
outweighs the public interest in the matching
requirement.
``(c) Eligibility.--
``(1) In general.--An entity described in paragraph
(2) may submit to the Administrator a proposal for a
coral reef project.
``(2) Entities described.--An entity described in
this paragraph is--
``(A) a covered reef manager or a covered
Native entity;
``(B) a regional fishery management council
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.);
``(C) a coral reef stewardship partnership
seeking to implement a coral reef action plan
in effect under section 205;
``(D) a coral reef research center designated
under section 212(b); or
``(E) a nongovernmental organization or
research institution with demonstrated
expertise in the conservation or restoration of
coral reefs in practice or through significant
contributions to the body of existing
scientific research on coral reefs.
``(d) Project Proposals.--Each proposal for a grant under
this section for a coral reef project shall include the
following:
``(1) The name of the individual or entity
responsible for conducting the project.
``(2) A description of the qualifications of the
individual or entity.
``(3) A succinct statement of the purposes of the
project.
``(4) An estimate of the funds and time required to
complete the project.
``(5) Evidence of support for the project by
appropriate representatives of States or other
government jurisdictions in which the project will be
conducted.
``(6) Information regarding the source and amount of
matching funding available to the applicant.
``(7) A description of how the project meets one or
more of the criteria under subsection (e)(2).
``(8) In the case of a proposal submitted by a coral
reef stewardship partnership, a description of how the
project aligns with the applicable coral reef action
plan in effect under section 205.
``(9) Any other information the Administrator
considers to be necessary for evaluating the
eligibility of the project for a grant under this
subsection.
``(e) Project Review and Approval.--
``(1) In general.--The Administrator shall review
each coral reef project proposal submitted under this
section to determine if the project meets the criteria
set forth in subsection (f).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of funding
for projects that meet the criteria for approval
described in--
``(A) subparagraphs (A) through (G) of
subsection (f)(2) that are proposed to be
conducted within priority areas identified for
coral reef conservation by the Administrator
under the National Coral Reef Resilience
Strategy; and
``(B) subparagraphs (E) through (L) of
subsection (f)(2) that are proposed to be
conducted within priority areas identified for
coral reef restoration by the Administrator
under the National Coral Reef Resilience
Strategy.
``(3) Review; approval or disapproval.--Not later
than 180 days after receiving a proposal for a coral
reef project under this section, the Administrator
shall--
``(A) request and consider written comments
on the proposal from each Federal agency, State
government, covered Native entity, or other
government jurisdiction, including the relevant
regional fishery management councils
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.), or any National Marine Sanctuary or
Marine National Monument, with jurisdiction or
management authority over coral reef ecosystems
in the area where the project is to be
conducted, including the extent to which the
project is consistent with locally established
priorities, unless such entities were directly
involved in the development of the project
proposal;
``(B) provide for the merit-based peer review
of the proposal and require standardized
documentation of that peer review;
``(C) after considering any written comments
and recommendations based on the reviews under
subparagraphs (A) and (B), approve or
disapprove the proposal; and
``(D) provide written notification of that
approval or disapproval, with summaries of all
written comments, recommendations, and peer
reviews, to the entity that submitted the
proposal, and each of those States, covered
Native entity, and other government
jurisdictions that provided comments under
subparagraph (A).
``(f) Criteria for Approval.--The Administrator may not
approve a proposal for a coral reef project under this section
unless the project--
``(1) is consistent with--
``(A) the National Coral Reef Resilience
Strategy; and
``(B) any Federal or non-Federal coral reef
action plans in effect under section 205
covering a coral reef or ecologically
significant unit of a coral reef to be affected
by the project; and
``(2) will enhance the conservation and restoration
of coral reefs by--
``(A) addressing conflicts arising from the
use of environments near coral reefs or from
the use of corals, species associated with
coral reefs, and coral products, including
supporting consensus-driven and community-based
planning and management initiatives for the
protection of coral reef ecosystems;
``(B) improving compliance with laws that
prohibit or regulate the taking of coral
products or species associated with coral reefs
or regulate the use and management of coral
reef ecosystems;
``(C) designing and implementing networks of
real-time water quality monitoring along coral
reefs, including data collection related to
turbidity, nutrient availability, harmful algal
blooms, and plankton assemblages, with an
emphasis on coral reefs impacted by agriculture
and urban development;
``(D) promoting ecologically sound navigation
and anchorages, including mooring buoy systems
to promote enhanced recreational access, near
coral reefs;
``(E) furthering the goals and objectives of
coral reef action plans in effect under section
205;
``(F) mapping the location and distribution
of coral reefs and potential coral reef
habitat;
``(G) stimulating innovation to advance the
ability of the United States to understand,
research, or monitor coral reef ecosystems, or
to develop management or adaptation options to
conserve and restore coral reef ecosystems;
``(H) implementing research to ensure the
population viability of coral species in United
States waters listed as threatened or
endangered under the Endangered Species Act of
1973 as detailed in the population-based
recovery criteria included in species-specific
recovery plans established under such Act;
``(I) developing and implementing cost-
effective methods to restore degraded coral
reef ecosystems or to create geographically
appropriate coral reef ecosystems in suitable
waters, including by improving habitat or
promoting success of keystone species, with an
emphasis on novel restoration strategies and
techniques to advance coral reef recovery and
growth near population centers threatened by
rising sea levels and storm surge;
``(J) translating and applying coral genetics
research to coral reef ecosystem restoration,
including research related to traits that
promote resilience to increasing ocean
temperatures, changing ocean chemistry, coral
bleaching, coral diseases, and invasive
species;
``(K) developing and maintaining in situ
native coral propagation sites; or
``(L) developing and maintaining ex situ
coral propagation nurseries and land-based
coral gene banks to--
``(i) conserve or augment genetic
diversity of native coral populations;
``(ii) support captive breeding of
rare coral species; or
``(iii) enhance resilience of native
coral populations to increasing ocean
temperatures, changing ocean chemistry,
coral bleaching, and coral diseases
through selective breeding,
conditioning, or other approaches that
target genes, gene expression,
phenotypic traits, or phenotypic
plasticity.
``(g) Funding Requirements.--To the extent practicable based
upon proposals for coral reef projects submitted to the
Administrator, the Administrator shall ensure that funding for
grants awarded under this section during a fiscal year is
distributed as follows:
``(1) Not less than 40 percent of funds available
shall be awarded for projects in areas of the Pacific
Ocean subject to the jurisdiction or control of the
United States.
``(2) Not less than 40 percent of the funds available
shall be awarded for projects in areas of the Atlantic
Ocean, the Gulf of Mexico, or the Caribbean Sea subject
to the jurisdiction or control of the United States.
``(3) To the extent there are viable applications
made by eligible coral reef stewardship partners, not
more than 67 percent of funds distributed in each
region in accordance with paragraphs (1) and (2) may be
made exclusively available to projects that are--
``(A) submitted by a coral reef stewardship
partnership; and
``(B) consistent with the coral reef action
plan in effect under section 205 by such a
partnership.
``(4) Of the funds distributed to support projects in
accordance with paragraph (3), not less than 20 percent
and not more than 33 percent shall be awarded for
projects submitted by a Federal coral reef stewardship
partnership, to the extent there are viable
applications made by eligible Federal coral reef
stewardship partnerships.
``(h) Task Force.--The Administrator may consult with the
Secretary of the Interior and the Task Force to obtain guidance
in establishing priorities and evaluating proposals for coral
reef projects under this section.
``SEC. 212. CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) Establishment.--The Administrator shall
designate 2 reef research coordination institutes for
the purpose of advancing and sustaining essential
capabilities in coral reef research, one each in the
Atlantic and Pacific basins, to be known as the
`Atlantic Reef Research Coordination Institute' and the
`Pacific Reef Research Coordination Institute',
respectively.
``(2) Membership.--Each institute designated under
paragraph (1) shall be housed within a single coral
reef research center designated by the Administrator
under subsection (b).
``(3) Functions.--The institutes designated under
paragraph (1) shall--
``(A) conduct federally directed research to
fill national and regional coral reef ecosystem
research gaps and improve understanding of, and
responses to, continuing and emerging threats
to the resilience of United States coral reef
ecosystems consistent with the National Coral
Reef Resilience Strategy;
``(B) support ecological research and
monitoring to study the effects of conservation
and restoration activities funded by this title
on promoting more effective coral reef
management and restoration; and
``(C) through agreements--
``(i) collaborate directly with
States, covered Native entities,
covered coral reef managers, nonprofit
organizations, and other coral reef
research centers designated under
subsection (b);
``(ii) assist in the development and
implementation of--
``(I) the National Coral Reef
Resilience Strategy; and
``(II) coral reef action
plans under section 205;
``(iii) build capacity within non-
Federal governmental resource
management agencies to establish
research priorities and translate and
apply research findings to management
and restoration practices; and
``(iv) conduct public education and
awareness programs for policymakers,
resource managers, and the general
public on--
``(I) coral reefs and coral
reef ecosystems;
``(II) best practices for
coral reef ecosystem management
and restoration;
``(III) the value of coral
reefs; and
``(IV) the threats to the
sustainability of coral reef
ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for
designation of qualifying institutions in
covered States as coral reef research centers;
and
``(B) designate all qualifying institutions
in covered States as coral reef research
centers.
``(2) Qualifying institutions.--For purposes of
paragraph (1), an institution is a qualifying
institution if the Administrator determines that the
institution--
``(A) is operated by an institution of higher
education or nonprofit marine research
organization;
``(B) has established management-driven
national or regional coral reef research or
restoration programs;
``(C) has demonstrated abilities to
coordinate closely with appropriate Federal and
State agencies, and other academic and
nonprofit organizations; and
``(D) maintains significant local community
engagement and outreach programs related to
coral reef ecosystems.
``SEC. 213. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--Subject to the availability of
appropriations, the head of any Federal agency with a
representative serving on the United States Coral Reef Task
Force established by section 10011 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023, may,
individually or in cooperation with one or more agencies, carry
out a program to award prizes competitively under section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719).
``(b) Purposes.--Any program carried out under this section
shall be for the purpose of stimulating innovation to advance
the ability of the United States to understand, research, or
monitor coral reef ecosystems, or to develop management or
adaptation options to preserve, sustain, and restore coral reef
ecosystems.
``(c) Priority Programs.--Priority shall be given to
establishing programs under this section that address
communities, environments, or industries that are in distress
as a result of the decline or degradation of coral reef
ecosystems, including--
``(1) scientific research and monitoring that
furthers the understanding of causes behind coral reef
decline and degradation and the generally slow recovery
following disturbances, including changing ocean
chemistry, temperature-related bleaching, disease, and
their associated impacts on coral physiology;
``(2) the development of monitoring or management
options for communities or industries that are
experiencing significant financial hardship;
``(3) the development of adaptation options to
alleviate economic harm and job loss caused by damage
to coral reef ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural
communities and businesses; and
``(5) the development of adaptation and management
options for impacted tourism industries.
``SEC. 214. REPORTS ON ADMINISTRATION.
``(a) In General.--Not later than 2 years after the date of
the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, and every 2 years
thereafter, the Administrator shall submit to the committees
specified in subsection (b) a report on the administration of
this title during the 2-year period preceding submission of the
report, including--
``(1) a description of all activities undertaken to
implement the National Coral Reef Resilience Strategy;
``(2) a statement of all funds obligated under the
authorities of this title; and
``(3) a summary, disaggregated by State, of Federal
and non-Federal contributions toward the costs of each
project or activity funded, in full or in part, under
this title.
``(b) Committees Specified.--The committees specified in this
subsection are--
``(1) the Committee on Commerce, Science, and
Transportation, Committee on Environment and Public
Works, Committee on Energy and Natural Resources, and
the Committee on Appropriations of the Senate; and
``(2) the Committee on Natural Resources and the
Committee on Appropriations of the House of
Representatives.
``SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to
the Administrator $45,000,000 for each of fiscal years 2023
through 2027 to carry out this title which shall remain
available until expended. Of such amounts, there is authorized
to be appropriated for each such fiscal year--
``(1) $12,000,000 to carry out section 207;
``(2) $3,500,000 for activities authorized under
section 211; and
``(3) $4,500,000 to be provided to the cooperative
institutes designated under section 212(a) to carry out
the functions described in such section.
``(b) Administration.--Not more than 10 percent of the
amounts appropriated under subsection (a) may be used for
program administration or overhead costs incurred by the
National Oceanic and Atmospheric Administration or the
Department of Commerce.
``SEC. 216. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means
the Administrator of the National Oceanic and
Atmospheric Administration.
``(2) Alaska native corporation.--The term `Alaska
Native Corporation' has the meaning given the term
`Native Corporation' in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of
the House of Representatives.
``(4) Conservation.--The term `conservation' means
the use of methods and procedures necessary to preserve
or sustain native corals and associated species as
diverse, viable, and self-perpetuating coral reef
ecosystems with minimal impacts from invasive species,
including--
``(A) all activities associated with resource
management, such as monitoring, assessment,
protection, restoration, sustainable use,
management of habitat, and maintenance or
augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical
assistance in the development and
implementation of management strategies for
marine protected areas and marine resources
required by Federal law;
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically
sound navigation and anchoring.
``(5) Coral.--The term `coral' means species of the
phylum Cnidaria, including--
``(A) all species of the orders Antipatharia
(black corals), Scleractinia (stony corals),
Alcyonacea (soft corals, organ pipe corals,
gorgonians), and Helioporacea (blue coral), of
the class Anthozoa; and
``(B) all species of the order Anthoathecata
(fire corals and other hydrocorals) of the
class Hydrozoa.
``(6) Coral products.--The term `coral products'
means any living or dead specimens, parts, or
derivatives, or any product containing specimens,
parts, or derivatives, of any species of coral.
``(7) Coral reef.--The term `coral reef' means
calcium carbonate structures in the form of a reef or
shoal, composed in whole or in part by living coral,
skeletal remains of coral, crustose coralline algae,
and other associated sessile marine plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef
ecosystem' means--
``(A) corals and other geographically and
ecologically associated marine communities of
other reef organisms (including reef plants and
animals) associated with coral reef habitat;
and
``(B) the biotic and abiotic factors and
processes that control or significantly affect
coral calcification rates, tissue growth,
reproduction, recruitment, abundance, coral-
algal symbiosis, and biodiversity in such
habitat.
``(9) Coral reef ecosystem services.--The term `coral
reef ecosystem services' means the attributes and
benefits provided by coral reef ecosystems including--
``(A) protection of coastal beaches,
structures, and infrastructure;
``(B) habitat for organisms of economic,
ecological, biomedical, medicinal, and cultural
value;
``(C) serving as centers for the
promulgation, performance, and training of
cultural practices representative of
traditional ecological knowledge; and
``(D) aesthetic value.
``(10) Covered native entity.--The term `covered
Native entity' means a Native entity with interests in
a coral reef ecosystem.
``(11) Covered reef manager.--The term `covered reef
manager' means--
``(A) a management unit of a covered State
with jurisdiction over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership
under section 206.
``(12) Covered state.--The term `covered State' means
Florida, Hawaii, and the territories of American Samoa,
the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, and the United States Virgin Islands.
``(13) Federal reef manager.--
``(A) In general.--The term `Federal reef
manager' means--
``(i) a management unit of a Federal
agency specified in subparagraph (B)
with lead management jurisdiction over
a coral reef ecosystem; or
``(ii) a coral reef stewardship
partnership under section 206(c).
``(B) Federal agencies specified.--A Federal
agency specified in this subparagraph is one of
the following:
``(i) The National Oceanic and
Atmospheric Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and
Wildlife Service.
``(iv) The Office of Insular Affairs.
``(14) Institution of higher education.--The term
`institution of higher education' has the meaning given
that term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
``(15) Interested stakeholder groups.--The term
`interested stakeholder groups' means any of the
following with interest in an applicable coral reef or
ecologically significant unit of a coral reef:
``(A) A business.
``(B) A commercial or recreational fisherman.
``(C) A recreationalist.
``(D) A Federal, State, Tribal, or local
government unit with related jurisdiction.
``(E) An institution of higher education (as
such term is defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C.
1001(a)).
``(F) A nongovernmental organization.
``(16) National coral reef resilience strategy.--The
term `National Coral Reef Resilience Strategy' means
the National Coral Reef Resilience Strategy in effect
under section 204.
``(17) Native entity.--The term `Native entity' means
any of the following:
``(A) An Indian Tribe (as defined in section
4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as
defined in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7517)).
``(18) Nonprofit organization.--The term `nonprofit
organization' means any corporation, trust,
association, cooperative, or other organization, not
including an institution of higher education, that--
``(A) is operated primarily for scientific,
educational, service, charitable, or similar
purposes in the public interest;
``(B) is not organized primarily for profit;
and
``(C) uses net proceeds to maintain, improve,
or expand the operations of the organization.
``(19) Restoration.--The term `restoration' means the
use of methods and procedures necessary to enhance,
rehabilitate, recreate, or create a functioning coral
reef or coral reef ecosystem, in whole or in part,
within suitable waters of the historical geographic
range of such ecosystems, to provide ecological,
economic, cultural, or coastal resiliency services
associated with healthy coral reefs and benefit native
populations of coral reef organisms.
``(20) Resilience.--The term `resilience' means the
capacity for corals within their native range, coral
reefs, or coral reef ecosystems to resist and recover
from natural and human disturbances, and maintain
structure and function to provide coral reef ecosystem
services, as determined by clearly identifiable,
measurable, and science-based standards.
``(21) Secretary.--The term `Secretary' means the
Secretary of Commerce.
``(22) State.--The term `State' means--
``(A) any State of the United States that
contains a coral reef ecosystem within its
seaward boundaries;
``(B) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or
the United States Virgin Islands; or
``(C) any other territory or possession of
the United States or separate sovereign in free
association with the United States that
contains a coral reef ecosystem within its
seaward boundaries.
``(23) Stewardship.--The term `stewardship', with
respect to a coral reef, includes conservation,
restoration, and public outreach and education.
``(24) Task force.--The term `Task Force' means the
United States Coral Reef Task Force established under
section 10011 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.''.
(b) Conforming Amendment to National Oceans and Coastal
Security Act.--Section 905(a) of the National Oceans and
Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking
``and coastal infrastructure'' and inserting ``, coastal
infrastructure, and ecosystem services provided by natural
systems such as coral reefs''.
(c) Comptroller General Review of Coral Reef Conservation
Programs at the National Oceanic and Atmospheric
Administration.--The Comptroller General of the United States
shall, not later than 1 year after the date of the enactment of
this Act, submit to Congress and the National Oceanic and
Atmospheric Administration a report that--
(1) examines the budget and accounting practices of
the coral reef conservation programs of such
Administration, including expenditure tracking across
line and program offices;
(2) examines the process for determining appropriate
project goals and funding priorities; and
(3) includes recommendations on policies or best
practices that may improve the transparency and
accountability of coral reef conservation programs.
(d) Savings Clause.--None of the amendments made by or
provisions of this title may be construed to enlarge the
management authority of a Federal agency or coral reef
stewardship partnership to coral reefs and coral reef
ecosystems outside the boundaries of such agency's or
partnership's jurisdiction.
Subtitle B--United States Coral Reef Task Force
SEC. 10011. ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve,
conserve, and restore coral reef ecosystems, to be known as the
``United States Coral Reef Task Force'' (in this subtitle
referred to as the ``Task Force'').
SEC. 10012. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered
States, covered Native entities, Federal reef managers,
covered reef managers, coral reef research centers
designated under section 212(b) of the Coral Reef
Conservation Act of 2000 (as added by this division),
and other nongovernmental and academic partners as
appropriate, activities regarding the mapping,
monitoring, research, conservation, mitigation, and
restoration of coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of
the policy and Federal agency responsibilities set
forth in--
(A) Executive Order 13089 (63 Fed. Reg.
32701; relating to coral reef protection); and
(B) the National Coral Reef Resilience
Strategy;
(3) to work in coordination with the other members of
the Task Force--
(A) to assess the United States role in
international trade and protection of coral
species;
(B) to encourage implementation of
appropriate strategies and actions to promote
conservation and sustainable use of coral reef
resources worldwide; and
(C) to collaborate with international
communities successful in managing coral reefs;
(4) to provide technical assistance for the
development and implementation, as appropriate, of--
(A) the National Coral Reef Resilience
Strategy; and
(B) coral reef action plans under section 205
of that Act; and
(5) to produce a report each year, for submission to
the appropriate congressional committees and
publication on the public website of the Task Force,
highlighting the status of the coral reef resources of
a covered State on a rotating basis, including--
(A) a summary of recent coral reef management
and restoration activities undertaken in that
State; and
(B) updated estimates of the direct and
indirect economic activity supported by, and
other benefits associated with, those coral
reef resources.
SEC. 10013. MEMBERSHIP.
(a) Voting Membership.--The voting members of the Task Force
shall be--
(1) the Under Secretary of Commerce for Oceans and
Atmosphere and the Secretary of Interior, who shall be
co-chairpersons of the Task Force;
(2) such representatives from other Federal agencies
as the President, in consultation with the Under
Secretary, determines appropriate; and
(3) the Governor, or a representative of the
Governor, of each covered State.
(b) Nonvoting Members.--The Task Force shall have the
following nonvoting members:
(1) A member of the South Atlantic Fishery Management
Council who is designated by the Governor of Florida
under section 302(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(b)(1)).
(2) A member of the Gulf of Mexico Fishery Management
Council who is designated by the Governor of Florida
under such section.
(3) A member of the Western Pacific Fishery
Management Council who is designated under such section
and selected as follows:
(A) For the period beginning on the date of
the enactment of this Act and ending on
December 31 of the calendar year during which
such date of enactment occurs, the member shall
be selected jointly by the Governors of Hawaii,
American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
(B) For each calendar year thereafter, the
Governors of Hawaii, American Samoa, Guam, and
the Commonwealth of the Northern Mariana
Islands shall, on a rotating basis, take turns
selecting the member.
(4) A member of the Caribbean Fishery Management
Council who is designated under such section and
selected as follows:
(A) For the period beginning on the date of
the enactment of this Act and ending on
December 31 of the calendar year during which
such date of enactment occurs, the member shall
be selected jointly by the Governors of Puerto
Rico and the United States Virgin Islands.
(B) For each calendar year thereafter, the
Governors of Puerto Rico and the United States
Virgin Islands shall, on an alternating basis,
take turns selecting the member.
(5) A member appointed by the President of the
Federated States of Micronesia.
(6) A member appointed by the President of the
Republic of the Marshall Islands.
(7) A member appointed by the President of the
Republic of Palau.
SEC. 10014. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force described in
section 10013(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency
to protect and enhance the conditions of such
ecosystems, including through the promotion of basic
and applied scientific research;
(3) collaborate with the Task Force to appropriately
reflect budgetary needs for coral reef conservation and
restoration activities in all agency budget planning
and justification documents and processes; and
(4) engage in any other coordinated efforts approved
by the Task Force.
(b) Co-chairpersons.--In addition to their responsibilities
under subsection (a), the co-chairpersons of the Task Force
shall perform the administrative functions of the Task Force
and facilitate the coordination of the members of the Task
Force described in section 10013(a).
(c) Briefing.--Not less than 30 days before each meeting of
the Task Force, the program offices of the National Oceanic and
Atmospheric Administration responsible for implementing this
title shall provide a briefing to the relevant congressional
committees on efforts and spending associated with such
implementation.
SEC. 10015. WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may
establish working groups as necessary to meet the goals and
carry out the duties of the Task Force.
(b) Requests From Members.--The members of the Task Force may
request that the co-chairpersons establish a working group
under subsection (a).
(c) Participation by Nongovernmental Organizations.--The co-
chairpersons may allow nongovernmental organizations as
appropriate, including academic institutions, conservation
groups, and commercial and recreational fishing associations,
to participate in a working group established under subsection
(a).
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to working groups established under this section.
SEC. 10016. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Environment and Public
Works of the Senate;
(C) the Committee on Energy and Natural
Resources of the Senate; and
(D) the Committee on Natural Resources of the
House of Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral
reef ecosystem'', ``covered reef manager'', ``covered
State'', ``Federal reef manager'', ``National Coral
Reef Resilience Strategy'', ``restoration'',
``resilience'', and ``State'' have the meanings given
those terms in section 216 of the Coral Reef
Conservation Act of 2000, as added by this division.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 10021. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to
the availability of appropriations, financial assistance for
the conservation and restoration of coral reefs consistent with
all applicable laws governing resource management in Federal,
State, and Tribal waters, including--
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section
205 of the Coral Reef Conservation Act of 2000, as
added by this division, as applicable.
(b) Coral Reef Initiative.--The Secretary may establish a
Coral Reef Initiative Program--
(1) to provide grant funding to support local
management, conservation, and protection of coral reef
ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park
Service and National Wildlife Refuge System management
units to implement coral reef conservation and
restoration activities;
(3) to complement the other conservation and
assistance activities conducted under this Act or the
Coral Reef Conservation Act of 2000, as amended by
section 10001; and
(4) to provide other technical, scientific, and
financial assistance and conduct conservation and
restoration activities that advance the purposes of
this title and the Coral Reef Conservation Act of 2000,
as amended by this division.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration
activities.--The Secretary of the Interior may consult
with the Secretary of Commerce regarding the conduct of
any activities to conserve and restore coral reefs and
coral reef ecosystems in waters managed under the
jurisdiction of the Federal agencies specified in
paragraphs (2) and (3) of section 203(c) of the Coral
Reef Conservation Act of 2000, as added by this
division.
(2) Award of coral reef management fellowship.--The
Secretary of the Interior shall consult with the
Secretary of Commerce to award the Susan L. Williams
Coral Reef Management Fellowship under subtitle D.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary of the Interior may enter into
cooperative agreements with covered reef managers to fund coral
reef conservation and restoration activities in waters managed
under the jurisdiction of such managers that--
(1) are consistent with the National Coral Reef
Resilience Strategy; and
(2) support and enhance the success of coral reef
action plans in effect under section 205 of the Coral
Reef Conservation Act of 2000, as added by this
division.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef
manager'', ``covered State'', ``National Coral Reef
Resilience Strategy'', ``restoration'', and ``State''
have the meanings given those terms in section 216 of
the Coral Reef Conservation Act of 2000, as added by
this division.
(2) Tribe; tribal.--The terms ``Tribe'' and
``Tribal'' refer to Indian Tribes (as defined in
section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 10031. SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT
FELLOWSHIP.
(a) Definitions.--In this section:
(1) Alaska native corporation.--The term ``Alaska
Native Corporation'' has the meaning given the term
``Native Corporation'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(2) Fellow.--The term ``fellow'' means a National
Coral Reef Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the
National Coral Reef Management Fellowship established
in subsection (c).
(4) Covered native entity.--The term ``covered Native
entity'' has the meaning given the term in section 216
of the Coral Reef Conservation Act of 2000, as added by
this division.
(5) Covered state.--The term ``covered State'' has
the meaning given the term in section 216 of the Coral
Reef Conservation Act of 2000, as added by this
division.
(6) Native entity.--The term ``Native entity'' has
the meaning given the term in section 216 of the Coral
Reef Conservation Act of 2000, as added by this
division.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
(b) Establishment of Fellowship Program.--
(1) In general.--There is established a National
Coral Reef Management Fellowship Program.
(2) Purposes.--The purposes of the fellowship are--
(A) to encourage future leaders of the United
States to develop additional coral reef
management capacity in States and local
communities with coral reefs;
(B) to provide management agencies of covered
States and covered Native entities with highly
qualified candidates whose education and work
experience meet the specific needs of each
covered State or covered Native entity; and
(C) to provide fellows with professional
experience in management of coastal and coral
reef resources.
(c) Fellowship Awards.--
(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award a fellowship
in accordance with this subsection.
(2) Term of fellowship.--A fellowship awarded under
this subsection shall be for a term of not more than 2
years.
(3) Qualifications.--The Secretary, in consultation
with the Secretary of the Interior, shall award a
fellowship to individuals who have demonstrated--
(A) an intent to pursue a career in marine
services and outstanding potential for such a
career;
(B) leadership potential, actual leadership
experience, or both;
(C) possession of a college or graduate
degree in biological science, a college or
graduate degree in resource management with
experience that correlates with aptitude and
interest for marine management, or both;
(D) proficient writing and speaking skills;
and
(E) such other attributes as the Secretary,
in consultation with the Secretary of the
Interior, considers appropriate.
(d) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2),
the non-Federal share of the costs of a fellowship
under this section shall be 25 percent of such costs.
(2) Waiver of matching requirement.--The Secretary
may waive the application of paragraph (1) to a
fellowship if the Secretary finds that such waiver is
necessary to support a project that the Secretary has
identified as a high priority.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 10101. PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of
the Great Lakes, oceans, bays, estuaries, and coasts;
and
(2) the collection, analysis, synthesis, and sharing
of data related to the Great Lakes, oceans, bays,
estuaries, and coasts to facilitate scientific research
and operational decisionmaking.
SEC. 10102. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
(2) Administrator.--The term ``Administrator'' means
the Under Secretary of Commerce for Oceans and
Atmosphere in the capacity as Administrator of the
National Oceanic and Atmospheric Administration.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
SEC. 10103. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) by striking ``Secretary of Commerce'' and
inserting ``Under Secretary of Commerce for Oceans and
Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly
qualified technical professionals and tradespeople''
after ``atmospheric scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``,
observations, and monitoring;''
(6) in paragraph (6), by striking ``into Federal''
and all that follows and inserting ``, technical
professionals, and tradespeople into Federal career
positions;''
(7) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of
individuals with technical or trade-based degrees,
skillsets, or credentials suited to a career in oceanic
and atmospheric data collection, processing, satellite
production, or satellite operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal
Government can take to increase diversity in the
scientific workforce; and
``(9) actions the Federal Government can take to
shorten the hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C.
893c(b)) is amended by striking ``Secretary of Commerce'' and
inserting ``Under Secretary of Commerce for Oceans and
Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c))
is amended--
(1) by striking ``the date of enactment of this Act''
and inserting ``the date of the enactment of the James
M. Inhofe National Defense Authorization Act for Fiscal
Year 2023'';
(2) by striking ``Secretary of Commerce'' and
inserting ``Under Secretary of Commerce for Oceans and
Atmosphere''; and
(3) by striking ``to each committee'' and all that
follows through ``section 302 of this Act'' and
inserting ``to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Natural Resources and the Committee on Science, Space,
and Technology of the House of Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33 U.S.C.
893c(d)) is amended--
(1) by striking ``Administrator of the National
Oceanic and Atmospheric Administration'' and inserting
``Under Secretary of Commerce for Oceans and
Atmosphere''; and
(2) by striking ``academic partners'' and all that
follows and inserting ``academic partners.''.
SEC. 10104. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator shall
consider evaluating the goals of 1 or more Cooperative
Institutes of the Administration to include focusing on
advancing or applying emerging technologies, which may
include--
(1) applied uses and development of real-time and
other advanced genetic technologies and applications,
including such technologies and applications that
derive genetic material directly from environmental
samples without any obvious signs of biological source
material;
(2) deployment of, and improvements to the
durability, maintenance, and other lifecycle concerns
of, advanced unmanned vehicles, regional small research
vessels, and other research vessels that support and
launch unmanned vehicles and sensors; and
(3) supercomputing and big data management, including
data collected through model outputs, electronic
monitoring, and remote sensing.
(b) Coordination With Other Programs.--The Cooperative
Institutes shall work with the Interagency Ocean Observation
Committee, the regional associations of the Integrated Ocean
Observing System, and other ocean observing programs to
coordinate technology needs and the transition of new
technologies from research to operations.
SEC. 10105. BLUE ECONOMY VALUATION.
(a) Measurement of Industries.--The Administrator, in
consultation with the heads of other relevant Federal agencies
and subject to the availability of appropriations, shall
establish a program to improve the collection, aggregation, and
analysis of data to measure the value and impact of industries
related to the Great Lakes, oceans, bays, estuaries, and coasts
on the economy of the United States, including military uses,
living resources, marine construction, marine transportation,
offshore energy development and siting including for renewable
energy, offshore mineral production, ship and boat building,
tourism, recreation, subsistence, commercial, recreational, and
charter fishing, seafood processing, and other fishery-related
businesses, aquaculture such as kelp and shellfish, and other
industries the Administrator determines appropriate.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal
agencies to develop a Coastal and Ocean Economy
Satellite Account that includes national, Tribal, and
State-level statistics to measure the contribution of
the Great Lakes, oceans, bays, estuaries, and coasts to
the overall economy of the United States; and
(2) collaborate with national and international
organizations and governments to promote consistency of
methods, measurements, and definitions to ensure
comparability of results between countries.
(c) Report.--Not later than 2 years after the date of the
enactment of this section, and not less frequently than every 2
years thereafter until the date that is 20 years after the date
of the enactment of this section, the Administrator, in
consultation with the heads of other relevant Federal agencies,
shall publish a report that--
(1) defines the Blue Economy in consultation with
Indian Tribes and with input from academia, the private
sector, nongovernmental organizations, and other
relevant experts;
(2) makes recommendations for updating North American
Industry Classification System reporting codes to
reflect the Blue Economy; and
(3) provides a comprehensive estimate of the value
and impact of the Blue Economy with respect to each
State and territory of the United States, including--
(A) the value and impact of--
(i) economic activities that are
dependent upon the resources of the
Great Lakes, oceans, bays, estuaries,
and coasts;
(ii) the population and demographic
characteristics of the population along
the coasts;
(iii) port and shoreline
infrastructure;
(iv) the volume and value of cargo
shipped by sea or across the Great
Lakes;
(v) data collected from the Great
Lakes, oceans, bays, estuaries, and
coasts, including such data collected
by businesses that purchase and
commodify the data, including weather
prediction and seasonal agricultural
forecasting; and
(vi) military uses; and
(B) to the extent possible, the qualified
value and impact of the natural capital of the
Great Lakes, oceans, bays, estuaries, and
coasts with respect to tourism, recreation,
natural resources, and cultural heritage,
including other indirect values.
(d) Centralized Website for Resiliency Grants.--
(1) In general.--Not later than 180 days after the
date of the enactment of this section, the
Administrator, in coordination with the heads of other
relevant Federal agencies, shall create and regularly
update a public website to improve education, outreach,
and public information regarding grants and other
public funding opportunities of the Administration
related to resiliency.
(2) Contents of website.--The website created under
paragraph (1) shall include the following:
(A) Hyperlinks, descriptions, deadlines, and
resources to support applicants including
technical assistance and other information as
the Administrator determines appropriate
relating to resilience grants administered by--
(i) the Administration;
(ii) other relevant Federal agencies;
or
(iii) foundations in coordination
with the Administration.
(B) Information described in subparagraph (A)
that is specific to supporting Tribal
Governments and Tribal Colleges and
Universities, and, with respect to each such
grant described in paragraph (1), the contact
information for an individual of the
Administration who can assist Tribal
Governments and Tribal Colleges and
Universities in applying for such grants.
(C) Information described in subparagraph (A)
that is specific to supporting Historically
Black Colleges and Universities, and, with
respect to each such grant described in
paragraph (1), the contact information for an
individual of the Administration who can assist
Historically Black Colleges and Universities in
applying for such grants.
(3) Outreach.--The Administrator shall conduct
outreach activities to inform State, Tribal, and local
governments of resiliency, adaptation, and mitigation
grants that are available to such governments.
(4) Definitions.--In this section:
(A) Historically black colleges and
universities.--The term ``Historically Black
Colleges and Universities'' has the meaning
given the term ``part B institution'' in
section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061).
(B) Tribal college or university.--The term
``Tribal College or University'' has the
meaning given the term in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c).
SEC. 10106. NO ADDITIONAL FUNDS AUTHORIZED.
Funds to carry out this title may, as provided in advance in
appropriations Acts, only come from within amounts authorized
to be appropriated to the National Oceanic and Atmospheric
Administration.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
SEC. 10201. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes
of the United States are foundational to the economy,
security, global competitiveness, and well-being of the
United States and continuously serve the people of the
United States and other countries as an important
source of food, energy, economic productivity,
recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and
water quality of the ocean, coastal, and Great Lakes
areas of the United States have been diminished by
pollution, increasing population demands, economic
development, and natural and man-made hazard events,
both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the
United States are managed by State and Federal resource
agencies and Indian Tribes and regulated on an
interstate and regional scale by various overlapping
Federal authorities, thereby creating a significant
need for interstate coordination to enhance regional
priorities, including the ecological and economic
health of those areas.
(4) Indian Tribes have unique expertise and knowledge
important for the stewardship of the ocean and coastal
waters and the Great Lakes of the United States.
(b) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary
efforts intended to manage, conserve, and restore
ocean, coastal, and Great Lakes areas spanning across
multiple State and Indian Tribe jurisdictions.
(2) To expand Federal support for monitoring, data
management, restoration, research, and conservation
activities in ocean, coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality
in, and improvements in the productivity of living
resources of, oceans, coastal, and Great Lakes
ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared regional
priorities among States and Indian Tribes relating to
the collaborative management of the large marine
ecosystems, thereby reducing duplication of efforts and
maximizing opportunities to leverage support in the
ocean and coastal regions.
(5) To empower States to take a lead role in managing
oceans, coastal, and Great Lakes areas.
(6) To incorporate rights of Indian Tribes in the
management of oceans, coasts, and Great Lakes resources
and provide resources to support Indian Tribe
participation in and engagement with Regional Ocean
Partnerships.
(7) To enable Regional Ocean Partnerships, or
designated fiscal management entities of such
partnerships, to receive Federal funding to conduct the
scientific research, conservation, and restoration
activities, and priority coordination on shared
regional priorities necessary to achieve the purposes
described in paragraphs (1) through (6).
SEC. 10202. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the National Oceanic and
Atmospheric Administration.
(2) Coastal state.--The term ``coastal State'' has
the meaning given the term ``Coastal state'' in section
304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional
Ocean Partnership'' means a Regional Ocean Partnership
designated under subsection (b).
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal State or Indian Tribe may
form a partnership with--
(A) a coastal State that shares a common
ocean or coastal area with the coastal State,
without regard to whether the coastal States
are contiguous; and
(B) States--
(i) that share a common ocean,
coastal area, or watershed with the
coastal State, without regard to
whether the coastal States are
contiguous; or
(ii) that would contribute to the
priorities of the partnership; and
(C) Indian Tribes.
(2) Requirements.--A partnership formed under
paragraph (1) may apply for designation as a Regional
Ocean Partnership in such time and manner as determined
appropriate by the Secretary if the partnership--
(A) is established to coordinate the
management of ocean, coastal, and Great Lakes
resources among the members of the partnership;
(B) focuses on the environmental issues
affecting the ocean, coastal, and Great Lakes
areas of the members participating in the
partnership;
(C) complements existing coastal and ocean
management efforts of States and Indian Tribes
on an interstate scale, focusing on shared
regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing
Regional Ocean Partnership designated under
paragraph (3), as determined by the Secretary.
(3) Designation of certain entities as regional ocean
partnerships.--The following entities are designated as
Regional Ocean Partnerships:
(A) The Gulf of Mexico Alliance, comprised of
the States of Alabama, Florida, Louisiana,
Mississippi, and Texas.
(B) The Northeast Regional Ocean Council,
comprised of the States of Maine, Vermont, New
Hampshire, Massachusetts, Connecticut, and
Rhode Island.
(C) The Mid-Atlantic Regional Council on the
Ocean, comprised of the States of New York, New
Jersey, Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised
of the States of California, Oregon, and
Washington and the coastal Indian Tribes
therein.
(4) Great lakes.--A partnership established under
this section for the purposes described in subsection
(d) with respect to a Great Lake may be known as a
``Regional Coastal Partnership'' or a ``Regional Great
Lakes Partnership''.
(c) Governing Bodies of Regional Ocean Partnerships.--A
Regional Ocean Partnership shall have a governing body that--
(1) shall be comprised, at a minimum, of voting
members from each coastal state participating in the
Regional Ocean Partnership, designated by the Governor
of the coastal state; and
(2) may include such other members as the partnership
considers appropriate.
(d) Functions.--A Regional Ocean Partnership may perform the
following functions:
(1) Promote coordination of the actions of the
agencies of governments participating in the
partnership with the actions of the appropriate
officials of Federal agencies, State governments, and
Indian Tribes in developing strategies--
(A) to conserve living resources, increase
valuable habitats, enhance coastal resilience
and ocean management, promote ecological and
economic health, and address such other issues
related to the shared ocean, coastal, or Great
Lakes areas as are determined to be a shared,
regional priority by those states; and
(B) to manage regional data portals and
develop associated data products for purposes
that support the priorities of the partnership.
(2) In cooperation with appropriate Federal and State
agencies, Indian Tribes, and local authorities, develop
and implement specific action plans to carry out
coordination goals.
(3) Coordinate and implement priority plans and
projects, and facilitate science, research, modeling,
monitoring, data collection, and other activities that
support the goals of the partnership through the
provision of grants and contracts under subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean
and coastal related matters that require interagency or
intergovernmental solutions.
(5) Implement outreach programs for public
information, education, and participation to foster
stewardship of the resources of the ocean, coastal, and
Great Lakes areas, as relevant.
(6) Develop and make available, through publications,
technical assistance, and other appropriate means,
information pertaining to cross-jurisdictional issues
being addressed through the coordinated activities of
the partnership.
(7) Serve as a liaison with, and provide information
to, international counterparts, as appropriate on
priority issues for the partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership shall
maintain mechanisms for coordination, consultation, and
engagement with the following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including
academic organizations, nonprofit
organizations, and private sector entities.
(D) Other federally mandated regional
entities, including the Regional Fishery
Management Councils, the regional associations
of the National Integrated Coastal and Ocean
Observation System, and relevant Marine
Fisheries Commissions.
(2) Rule of construction.--Nothing in paragraph
(1)(B) may be construed as affecting any requirement to
consult with Indian Tribes under Executive Order 13175
(25 U.S.C. 5301 note; relating to consultation and
coordination with Indian Tribal Governments) or any
other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership may, in
coordination with existing Federal, State, and Tribal
management programs, from amounts made available to the
partnership by the Administrator or the head of another
Federal agency, subject to appropriations for such
purpose, provide grants and enter into contracts for
the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this
paragraph include any of the following:
(A) Monitoring the water quality and living
resources of multistate ocean and coastal
ecosystems and coastal communities.
(B) Researching and addressing the effects of
natural and human-induced environmental changes
on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative
strategies that--
(i) address regional data issues
identified by the partnership; and
(ii) will result in more effective
management of common ocean and coastal
areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the
date of the enactment of this Act, the Administrator,
in coordination with the Regional Ocean Partnerships,
shall submit to Congress a report on the partnerships.
(2) Report requirements.--The report required by
paragraph (1) shall include the following:
(A) An assessment of the overall status of
the work of the Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the
partnerships in supporting regional priorities
relating to the management of common ocean,
coastal, and Great Lakes areas.
(C) An assessment of the effectiveness of the
strategies that the partnerships are supporting
or implementing and the extent to which the
priority needs of the regions covered by the
partnerships are being met through such
strategies.
(D) An assessment of how the efforts of the
partnerships support or enhance Federal and
State efforts consistent with the purposes of
this title.
(E) Such recommendations as the Administrator
may have for improving--
(i) efforts of the partnerships to
support the purposes of this title; and
(ii) collective strategies that
support the purposes of this title in
coordination with all relevant Federal
and State entities and Indian Tribes.
(F) The distribution of funds from each
partnership for each fiscal year covered by the
report.
(h) Availability of Federal Funds.--In addition to amounts
made available to the Regional Ocean Partnerships by the
Administrator under this section, the head of any other Federal
agency may provide grants to, enter into contracts with, or
otherwise provide funding to such partnerships, subject to
availability of appropriations for such purposes.
(i) Authorities.--Nothing in this section establishes any new
legal or regulatory authority of the National Oceanic and
Atmospheric Administration or of the Regional Ocean
Partnerships, other than--
(1) the authority of the Administrator to provide
amounts to the partnerships; and
(2) the authority of the partnerships to provide
grants and enter into contracts under subsection (f).
(j) Authorizations.--
(1) Regional ocean partnerships.--There are
authorized to be appropriated to the Administrator the
following amounts to be made available to the Regional
Ocean Partnerships or designated fiscal management
entities of such partnerships to carry out activities
of such partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) Distribution of amounts.--Amounts made available
under this subsection shall be divided evenly among the
Regional Ocean Partnerships.
(3) Tribal government participation.--There is
authorized to be appropriated to the Administrator
$1,000,000 for each of fiscal years 2023 through 2027
to be distributed to Indian Tribes for purposes of
participation in or engagement with the Regional Ocean
Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
SEC. 10301. FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital
to the security and economy of the United States and to
the lives of the people of the United States.
(2) The United States depends on the ocean to
regulate weather and climate, to sustain and protect
the diversity of life, for maritime shipping, for
national defense, and for food, energy, medicine,
recreation, and other services essential to the people
of the United States and all humankind.
(3) The prosperity, security, and well-being of the
United States depend on successful understanding and
stewardship of the ocean.
(4) Interdisciplinary cooperation and engagement
among government agencies, research institutions,
nongovernmental organizations, States, Indian Tribes,
and the private sector are essential for successful
stewardship of ocean and coastal environments, national
economic growth, national security, and development of
agile strategies that develop, promote, and use new
technologies.
(5) Ocean exploration can help the people of the
United States understand how to be effective stewards
of the ocean and serve as catalysts and enablers for
other sectors of the economy.
(6) Mapping, exploration, and characterization of the
ocean provides basic, essential information to protect
and restore the marine environment, stimulate economic
activity, and provide security for the United States.
(7) A robust national ocean exploration program
engaging multiple Federal agencies, Indian Tribes, the
private sector, nongovernmental organizations, and
academia is--
(A) essential to the interests of the United
States and vital to its security and economy
and the health and well-being of all people of
the United States; and
(B) critical to reestablish the United States
at the forefront of global ocean exploration
and stewardship.
SEC. 10302. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization''
means activities that provide comprehensive data and
interpretations for a specific area of interest of the
sea floor, sub-bottom, water column, or hydrologic
features, including water masses and currents, in
direct support of specific research, environmental
protection, resource management, policymaking, or
applied mission objectives.
(2) Exploration.--The term ``exploration'' means
activities that provide--
(A) a multidisciplinary view of an unknown or
poorly understood area of the seafloor, sub-
bottom, or water column; and
(B) an initial assessment of the physical,
chemical, geological, biological,
archeological, or other characteristics of such
an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) Mapping.--The term ``mapping'' means activities
that provide comprehensive data and information needed
to understand seafloor characteristics, such as depth,
topography, bottom type, sediment composition and
distribution, underlying geologic structure, and
benthic flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United
States Code, is amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean
Science and Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean
Resource Management Subcommittee'.
``(2) In discharging its responsibilities in support of
agreed-upon scientific needs, and to assist in the execution of
the responsibilities described in subsection (b), the Committee
may delegate responsibilities to the Ocean Science and
Technology Subcommittee, the Ocean Resource Management
Subcommittee, or another subcommittee of the Committee, as the
Committee determines appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient
and Informed Decisionmaking.--
(1) Establishment of document system.--Section
8932(b) of title 10, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at
the end;
(B) in paragraph (4)(F), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) for projects under the purview of the
Committee, establish or designate one or more systems
for ocean-related and ocean-mapping-related documents
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), in accordance with
subsection (h).''.
(2) Elements.--Section 8932 of such title is
amended--
(A) by redesignating subsection (h) as
subsection (i); and
(B) by inserting after subsection (g) the
following new subsection (h):
``(h) Elements of Document System.--The systems established
or designated under subsection (b)(5) may include the
following:
``(1) A publicly accessible, centralized digital
archive of documents described in subsection (b)(5)
that are finalized after the date of the enactment of
the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) records of decision; and
``(D) other relevant documents as determined
by the lead agency on a project.
``(2) Geospatially referenced data, if any, contained
in the documents under paragraph (1).
``(3) A mechanism to retrieve information through
geo-information tools that can map and integrate
relevant geospatial information, such as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program
Information System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.
``(4) Appropriate safeguards on the public
accessibility of data to protect national security
equities.''.
SEC. 10304. NATIONAL OCEAN MAPPING, EXPLORATION, AND CHARACTERIZATION
COUNCIL.
(a) Establishment.--The President shall establish a council,
to be known as the ``National Ocean Mapping, Exploration, and
Characterization Council'' (in this section referred to as the
``Council'').
(b) Purpose.--The Council shall--
(1) update national priorities for ocean mapping,
exploration, and characterization; and
(2) coordinate and facilitate activities to advance
those priorities.
(c) Reporting.--The Council shall report to the Ocean Science
and Technology Subcommittee of the Ocean Policy Committee
established under section 8932(c) of title 10, United States
Code.
(d) Membership.--The Council shall be composed of senior-
level representatives from the appropriate Federal agencies.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the
National Oceanic and Atmospheric Administration; and
(2) one senior-level representative from the
Department of the Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and
characterization priorities and strategies;
(2) cultivate and facilitate transparent and
sustained partnerships among Federal and State
agencies, Indian Tribes, private industry, academia,
and nongovernmental organizations to conduct ocean
mapping, exploration, and characterization activities
and related technology development;
(3) coordinate improved processes for data
compilation, management, access, synthesis, and
visualization with respect to ocean mapping,
exploration, and characterization, with a focus on
building on existing ocean data management systems and
with appropriate safeguards on the public accessibility
of data to protect national security equities, as
appropriate;
(4) encourage education, workforce training, and
public engagement activities that--
(A) advance interdisciplinary principles that
contribute to ocean mapping, exploration,
research, and characterization;
(B) improve public engagement with and
understanding of ocean science; and
(C) provide opportunities for underserved
populations;
(5) coordinate activities as appropriate with
domestic and international ocean mapping, exploration,
and characterization initiatives or programs; and
(6) establish and monitor metrics to track progress
in achieving the priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and
Characterization.--
(1) Establishment.--The President shall establish a
new interagency working group to be known as the
``Interagency Working Group on Ocean Exploration and
Characterization''.
(2) Membership.--The Interagency Working Group on
Ocean Exploration and Characterization shall be
comprised of senior representatives from Federal
agencies with ocean exploration and characterization
responsibilities.
(3) Functions.--The Interagency Working Group on
Ocean Exploration and Characterization shall support
the Council and the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee established
under section 8932(c) of title 10, United States Code,
on ocean exploration and characterization activities
and associated technology development across the
Federal Government, State governments, Indian Tribes,
private industry, nongovernmental organizations, and
academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean
Exploration and Characterization established under
subsection (g)(1); and
(2) the Interagency Working Group on Ocean and
Coastal Mapping under section 12203 of the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3502).
(i) Plan.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Council shall develop
or update and submit to the appropriate committees of
Congress a plan for an integrated cross-sectoral ocean
mapping, exploration, and characterization initiative.
(2) Elements.--The plan required by paragraph (1)
shall--
(A) discuss the utility and benefits of ocean
exploration and characterization;
(B) identify and describe national ocean
mapping, exploration, and characterization
priorities;
(C) identify and describe Federal and
federally funded ocean mapping, exploration,
and characterization programs;
(D) facilitate and incorporate non-Federal
input into national ocean mapping, exploration,
and characterization priorities;
(E) ensure effective coordination of ocean
mapping, exploration, and characterization
activities among programs described in
subparagraph (C);
(F) identify opportunities for combining
overlapping or complementary needs, activities,
and resources of Federal agencies and non-
Federal organizations relating to ocean
mapping, exploration, and characterization
while not reducing benefits from existing
mapping, explorations, and characterization
activities;
(G) promote new and existing partnerships
among Federal and State agencies, Indian
Tribes, private industry, academia, and
nongovernmental organizations to conduct or
support ocean mapping, exploration, and
characterization activities and technology
development needs, including through
coordination under section 3 of the Commercial
Engagement Through Ocean Technology Act of 2018
(33 U.S.C. 4102) and the National Oceanographic
Partnership Program under section 8931 of title
10, United States Code;
(H) develop a transparent and sustained
mechanism for non-Federal partnerships and
stakeholder engagement in strategic planning
and mission execution to be implemented not
later than December 31, 2023, for coordinating
such activities with--
(i) institutions of higher education
(as such term is defined in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)), the private
sector, philanthropic organizations,
and nonprofits; and
(ii) international partners for
activities relating to maritime areas
(including the sea floor) beyond the
jurisdiction of the Federal Government;
(I) establish standardized collection and
data management protocols, including with
respect to metadata, for ocean mapping,
exploration, and characterization which--
(i) are publicly accessible and
locatable via appropriate Federal
repositories;
(ii) can facilitate the integration
of ocean data into products and use
innovations from non-Federal partners;
and
(iii) have appropriate safeguards on
the public accessibility of data to
protect national security;
(J) encourage the development, testing,
demonstration, and adoption of innovative ocean
mapping, exploration, and characterization
technologies and applications;
(K) promote protocols for accepting data,
equipment, approaches, or other resources that
support national ocean mapping, exploration,
and characterization priorities;
(L) identify best practices for the
protection of marine life during mapping,
exploration, and characterization activities;
(M) identify training, technology, and other
resource requirements for enabling the National
Oceanic and Atmospheric Administration and
other appropriate Federal agencies to support a
coordinated national ocean mapping,
exploration, and characterization effort;
(N) identify and facilitate a centralized
mechanism or office for coordinating data
collection, compilation, processing, archiving,
and dissemination activities relating to ocean
mapping, exploration, and characterization that
meets Federal mandates for data accuracy and
accessibility;
(O) designate repositories responsible for
archiving and managing ocean mapping,
exploration, and characterization data;
(P) set forth a timetable and estimated costs
for implementation and completion of the plan;
(Q) to the extent practicable, align ocean
exploration and characterization efforts with
existing programs and identify key gaps; and
(R) identify criteria for determining the
optimal frequency of observations; and
(S) provide recommendations, developed in
coordination with the private sector, to
improve incentives, access, and processes for
the private sector to share ocean-related data
with the public and Federal Government.
(j) Briefings.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once every
2 years thereafter, the Council shall brief the appropriate
committees of Congress on--
(1) progress made toward meeting the national
priorities described in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such
as additional authorities that may be needed to develop
a mechanism for non-Federal partnerships and
stakeholder engagement described in subsection
(i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
(2) the Committee on Natural Resources, the Committee
on Science, Space, and Technology, and the Committee on
Armed Services of the House of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land
Management Act of 2009 (33 U.S.C. 3401) is amended by striking
``and the national undersea research program''.
(b) Program Established.--Section 12002 of such Act (33
U.S.C. 3402) is amended--
(1) in the first sentence, by striking ``and
undersea''; and
(2) in the second sentence, by striking ``and
undersea research and exploration'' and inserting
``research and ocean exploration and characterization
efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33
U.S.C. 3403(a)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``, in consultation with the Ocean
Policy Committee established under section 8932
of title 10, United States Code,'' after
``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and
inserting ``expeditions'';
(ii) by striking ``Federal agencies''
and all that follows through ``and
survey'' and inserting ``Federal and
State agencies, Tribal Governments,
private industry, academia (including
secondary schools, community colleges,
and universities), and nongovernmental
organizations, to map, explore, and
characterize''; and
(iii) by inserting ``characterize,''
after ``observe,'';
(C) in paragraph (2), by inserting ``of the
exclusive economic zone'' after ``deep ocean
regions'';
(D) in paragraph (3), by striking ``voyages''
and inserting ``expeditions'';
(E) in paragraph (4), by striking ``, in
consultation with the National Science
Foundation,'';
(F) by amending paragraph (5) to read as
follows:
``(5) support technological innovation of the United
States marine science community by promoting the
development and use of new and emerging technologies
for research, communication, navigation, and data
collection, such as sensors and autonomous vehicles;'';
(G) in paragraph (6), by inserting ``, in
consultation with the National Ocean Mapping,
Exploration, and Characterization Council
established under section 5405 of the James M.
Inhofe National Defense Authorization Act for
Fiscal Year 2023,'' after ``forum'';
(H) by adding at the end the following:
``(7) provide guidance, in consultation with the
National Ocean Mapping, Exploration, and
Characterization Council, to Federal and State
agencies, Tribal Governments, private industry,
academia (including secondary schools, community
colleges, and universities), and nongovernmental
organizations on data standards, protocols for
accepting data, and coordination of data collection,
compilation, processing, archiving, and dissemination
for data relating to ocean exploration and
characterization; and
``(8) coordinate with applicable ocean mapping, ocean
monitoring, and ocean observation programs to maximize
coordination and collaboration opportunities, prevent
duplication of such activities and identify gaps in
data.''.
(2) Donations.--Section 12003(b) of such Act (33
U.S.C. 3403(b)) is amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring, and
characterizing the oceans or increasing the knowledge of the
oceans, the Administrator may--
``(1) accept monetary donations, which shall be
credited as discretionary offsetting collections to the
currently applicable appropriation, account, or fund of
the National Oceanic and Atmospheric Administration and
shall be made available for such purposes only to the
extent and in the amounts provided in advance in
appropriations Acts;
``(2) accept donations of property, data, and
equipment; and
``(3) pay all necessary expenses in connection with
the conveyance or transfer of a gift, devise, or
bequest.''.
(3) Definition of exclusive economic zone.--Section
12003 of such Act (33 U.S.C. 3403) is amended by adding
at the end the following:
``(c) Definition of Exclusive Economic Zone.--In this
section, the term `exclusive economic zone' means the zone
established by Presidential Proclamation Number 5030, dated
March 10, 1983 (16 U.S.C. 1453 note).''.
(d) Repeal of Ocean Exploration and Undersea Research
Technology and Infrastructure Task Force.--Section 12004 of
such Act (33 U.S.C. 3404) is repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by
inserting after section 12003 the following new section
12004:
``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall--
``(1) conduct education and outreach efforts in order
to broadly disseminate information to the public on the
discoveries made by the program under section 12002;
``(2) to the extent possible, coordinate the efforts
described in paragraph (1) with the outreach strategies
of other domestic or international ocean mapping,
exploration, and characterization initiatives; and
``(3) establish a fellowship program at the National
Oceanic and Atmospheric Administration to provide year-
long fellowships to undergraduate students from
institutions described in section 371(a) of the Higher
Education Act of 1965.
``(b) Education and Outreach Efforts.--Efforts described in
subsection (a)(1) may include--
``(1) education of the general public, teachers,
students, and ocean and coastal resource managers; and
``(2) workforce training, reskilling, and
opportunities to encourage development of ocean-related
science, technology, engineering, and mathematics
technical training programs involving secondary
schools, community colleges, and universities,
including institutions described in section 371(a) of
the Higher Education Act of 1965.
``(c) Outreach Strategy.--Not later than 180 days after the
date of the enactment of the National Ocean Exploration Act,
the Administrator of the National Oceanic and Atmospheric
Administration shall develop an outreach strategy to broadly
disseminate information on the discoveries made by the program
under section 12002.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 991) is amended
by striking the item relating to section 12004 and
inserting the following:
``Sec. 12004. Education, workforce training, and outreach.''.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a) of such Act (33
U.S.C. 3505(a)) is amended--
(A) by inserting ``, including
representatives from academic, commercial,
nonprofit, philanthropic, policy, and Tribal
entities'' after ``relevant fields'';
(B) by amending paragraph (1) to read as
follows:
``(1) to advise the Administrator on priority areas
for survey, discovery, and opportunities for extramural
collaboration and partnerships;'';
(C) by redesignating paragraph (4) as
paragraph (6); and
(D) by inserting after paragraph (3) the
following:
``(4) to identify market barriers to development or
commercialization of novel ocean mapping, exploration,
and characterization products, processes, and tools;
``(5) to identify best practices to improve data
management, processing, storage, and archiving
standards; and''.
(2) Technical amendment.--Section 12005(c) of such
Act (33 U.S.C. 3505(c)) is amended by inserting
``this'' before ``part''.
(g) Authorization of Appropriations.--Section 12006 of such
Act (33 U.S.C. 3406) is amended by striking ``this part'' and
all that follows and inserting ``this part $60,000,000 for each
of fiscal years 2023 through 2028''.
(h) Definitions.--Such Act is further amended by inserting
after section 12006 the following:
``SEC. 12007. DEFINITIONS.
``In this part:
``(1) Characterization.--The terms
`characterization', `characterize', and
`characterizing' mean activities that provide
comprehensive data and interpretations for a specific
area of interest of the sea floor, sub-bottom, water
column, or hydrologic features, such as water masses
and currents, in direct support of specific research,
environmental protection, resource management,
policymaking, or applied mission objectives.
``(2) Exploration.--The term `exploration',
`explore', and `exploring' means activities that
provide--
``(A) a multidisciplinary view of an unknown
or poorly understood area of the sea floor,
sub-bottom, or water column; and
``(B) an initial assessment of the physical,
chemical, geological, biological,
archaeological, or other characteristics of
such an area.
``(3) Mapping.--The terms `map' and `mapping' mean
activities that provide comprehensive data and
information needed to understand sea floor
characteristics, including depth, topography, bottom
type, sediment composition and distribution, underlying
geologic structure, and benthic flora and fauna.''.
(i) Clerical Amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by inserting after the
item relating to section 12006 the following:
``Sec. 12007. Definitions.''.
SEC. 10306. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of
2009 (part II of subtitle A of title XII of Public Law 111-11;
33 U.S.C. 3421 et seq.) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the items
relating to part II of subtitle A of title XII of such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3501(a)) is
amended--
(A) by striking ``establish a program to
develop a coordinated and'' and inserting
``establish and maintain a program to
coordinate'';
(B) by striking ``plan'' and inserting
``efforts''; and
(C) by striking ``that enhances'' and all
that follows and inserting ``that--
``(1) enhances ecosystem approaches in decisionmaking
for natural resource and habitat management restoration
and conservation, emergency response, and coastal
resilience and adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other
platforms; and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C.
3501) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(3) Program parameters.--Subsection (b) of section
12202 of such Act (33 U.S.C. 3501), as redesignated by
paragraph (2), is amended--
(A) in the matter preceding paragraph (1), by
striking ``developing'' and inserting
``maintaining'';
(B) in paragraph (2), by inserting ``and for
leveraging existing Federal geospatial services
capacities and contract vehicles for
efficiencies'' after ``coastal mapping'';
(C) in paragraph (7), by striking ``with
coastal state and local government programs''
and inserting ``with mapping programs, in
conjunction with Federal and State agencies,
Tribal governments, private industry, academia,
and nongovernmental organizations'';
(D) in paragraph (8), by striking ``of real-
time tide data and the development'' and
inserting ``of tide data and water-level data
and the development and dissemination'';
(E) in paragraph (9), by striking ``; and''
and inserting a semicolon;
(F) in paragraph (10), by striking the period
at the end and inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee
established under section 8932(c) of title 10,
United States Code; and
``(B) the National Ocean Mapping,
Exploration, and Characterization Council
established under section 5405 of the National
Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal Mapping.--
(1) Name change.--The Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking
``Interagency Committee on Ocean and
Coastal Mapping'' and inserting
``Interagency Working Group on Ocean
and Coastal Mapping under section
12203''; and
(ii) in subsection (b), as
redesignated by subsection (a)(2), by
striking ``Committee'' and inserting
``Working Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by
striking ``committee'' and inserting
``working group'';
(ii) in subsection (b), in the first
sentence, by striking ``committee'' and
inserting ``Working Group'';
(iii) in subsection (e), by striking
``committee'' and inserting ``Working
Group''; and
(iv) in subsection (f), by striking
``committee'' and inserting ``Working
Group''; and
(C) in section 12208 (33 U.S.C. 3507), by
amending paragraph (3) to read as follows:
``(3) Working group.--The term `Working Group' means
the Interagency Working Group on Ocean and Coastal
Mapping under section 12203.''.
(2) In general.--Section 12203(a) of such Act (33
U.S.C. 3502(a)) is amended by striking ``within 30
days'' and all that follows and inserting ``not later
than 30 days after the date of the enactment of the
National Ocean Exploration Act, shall use the
Interagency Working Group on Ocean and Coastal Mapping
in existence as of the date of the enactment of such
Act to implement section 12202.''.
(3) Membership.--Section 12203(b) of such Act (33
U.S.C. 3502(b)) is amended--
(A) by striking ``senior'' both places it
appears and inserting ``senior-level'';
(B) by striking the second sentence;
(C) by striking ``the Minerals Management
Service'' and inserting ``the Bureau of Ocean
Energy Management of the Department of the
Interior, the Office of the Assistant
Secretary, Fish and Wildlife and Parks of the
Department of the Interior''; and
(D) by striking ``the Chief of Naval
Operations'' and inserting ``the Department of
the Navy''.
(4) Co-chairs.--Section 12203(c) of such Act (33
U.S.C. 3502(c)) is amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by
one representative from each of the following:
``(1) The National Oceanic and Atmospheric
Administration.
``(2) The Department of the Interior.''.
(5) Subordinate groups.--Section 12203(d) of such Act
(33 U.S.C. 3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such
permanent or temporary subordinate groups as determined
appropriate by the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33
U.S.C. 3502(e)) is amended by striking ``each
subcommittee and each working group'' and inserting
``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33
U.S.C. 3502(f)) is amended by striking paragraphs (1)
through (5) and inserting the following:
``(1) other Federal efforts;
``(2) international mapping activities;
``(3) coastal States;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through
workshops, partnerships, and other appropriate
mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33
U.S.C. 3502) is amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C.
3502), as amended by paragraph (8), is further amended
by adding at the end the following:
``(g) Support Functions.--The Working Group shall support the
National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of the National Ocean
Exploration Act and the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code, on ocean
mapping activities and associated technology development across
the Federal Government, State governments, coastal Indian
Tribes, private industry, nongovernmental organizations, and
academia.''.
(10) Clerical amendment.--The table of contents in
section 1(b) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 991) is amended
by striking the item relating to section 12203 and
inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal mapping.''.
(c) Biennial Reports.--Section 12204 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by
striking ``No later'' and all that follows through
``House of Representatives'' and inserting ``Not later
than 18 months after the date of the enactment of the
National Ocean Exploration Act, and biennially
thereafter until 2040, the co-chairs of the Working
Group, in coordination with the National Ocean Mapping,
Exploration, and Characterization Council established
under section 5405 of such Act, shall submit to the
Committee on Commerce, Science, and Transportation and
the Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources and the
Committee on Science, Space, and Technology of the
House of Representatives,'';
(2) in paragraph (1), by inserting ``, including the
data maintained by the National Centers for
Environmental Information of the National Oceanic and
Atmospheric Administration,'' after ``mapping data'';
(3) in paragraph (3), by inserting ``, including a
plan to map the coasts of the United States on a
requirements-based cycle, with mapping agencies and
partners coordinating on a unified approach that
factors in recent related studies, meets multiple user
requirements, and identifies gaps'' after
``accomplished'';
(4) by striking paragraph (10) and redesignating
paragraphs (11), (12), and (13) as paragraphs (10),
(11), and (12), respectively;
(5) in paragraph (10), as so redesignated, by
striking ``with coastal State and local government
programs'' and inserting ``with international, coastal
State, and local government and nongovernmental mapping
programs'';
(6) in paragraph (11), as redesignated by paragraph
(4)--
(A) by striking ``increase'' and inserting
``streamline and expand'';
(B) by inserting ``for the purpose of
fulfilling Federal mapping and charting
responsibilities, plans, and strategies'' after
``entities''; and
(C) by striking ``; and'' and inserting a
semicolon;
(7) in paragraph (12), as redesignated by paragraph
(4), by striking the period at the end and inserting a
semicolon; and
(8) by adding at the end the following:
``(13) a progress report on the development of new
and innovative technologies and applications through
research and development, including cooperative or
other agreements with joint or cooperative research
institutes and centers and other nongovernmental
entities;
``(14) a description of best practices in data
processing and distribution and leveraging
opportunities among agencies represented on the Working
Group and with coastal States, coastal Indian Tribes,
and nongovernmental entities;
``(15) an identification of any training, technology,
or other requirements for enabling Federal mapping
programs, vessels, and aircraft to support a
coordinated ocean and coastal mapping program; and
``(16) a timetable for implementation and completion
of the plan described in paragraph (3), including
recommendations for integrating new approaches into the
program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C.
3504(c)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``3'' and inserting ``three''; and
(B) in paragraph (4), by inserting ``and
uncrewed'' after ``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504)
is amended--
(A) in the section heading, by striking
``plan'' and inserting ``noaa joint ocean and
coastal mapping centers'';
(B) by striking subsections (a), (b), and
(d); and
(C) in subsection (c), by striking ``(c) NOAA
Joint Ocean and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in
section 1(b) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 991) is amended
by striking the item relating to section 12205 and
inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.''.
(e) Ocean and Coastal Mapping Federal Funding Opportunity.--
The Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501
et seq.) is amended--
(1) by redesignating sections 12206, 12207, and 12208
as sections 12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.
``(a) In General.--Not later than one year after the date of
the enactment of the National Ocean Exploration Act, the
Administrator shall develop an integrated ocean and coastal
mapping Federal funding match opportunity, to be known as the
`Brennan Ocean Mapping Fund' in memory of Rear Admiral Richard
T. Brennan, within the National Oceanic and Atmospheric
Administration with Federal, State, Tribal, local, nonprofit,
private industry, or academic partners in order to increase the
coordinated acquisition, processing, stewardship, and archival
of new ocean and coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop administrative
and procedural rules for the ocean and coastal mapping Federal
funding match opportunity developed under subsection (a), to
include--
``(1) specific and detailed criteria that must be
addressed by an applicant, such as geographic overlap
with preestablished priorities, number and type of
project partners, benefit to the applicant,
coordination with other funding opportunities, and
benefit to the public;
``(2) determination of the appropriate funding match
amounts and mechanisms to use, such as grants,
agreements, or contracts; and
``(3) other funding award criteria as are necessary
or appropriate to ensure that evaluations of proposals
and decisions to award funding under this section are
based on objective standards applied fairly and
equitably to those proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean
and coastal mapping Federal funding match opportunity developed
under subsection (a) shall leverage Federal expertise and
capacities for geospatial services and Federal geospatial
contract vehicles using the private sector for acquisition
efficiencies.
``SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.
``(a) Agreements.--Subject to the availability of
appropriations for such purpose, the head of a Federal agency
that is represented on the Interagency Committee on Ocean and
Coastal Mapping may enter into agreements with any other agency
that is so represented to provide, on a reimbursable or
nonreimbursable basis, facilities, equipment, services,
personnel, and other support services to carry out the purposes
of this subtitle.
``(b) Financial Assistance.--The Administrator may make
financial assistance awards (grants of cooperative agreements)
to any State or subdivision thereof or any public or private
organization or individual to carry out the purposes of this
subtitle.''.
(f) Authorization of Appropriations.--Section 12209 of such
Act, as redesignated by subsection (e)(1), is amended--
(1) in subsection (a), by striking ``this subtitle''
and all that follows and inserting ``this subtitle
$45,000,000 for each of fiscal years 2023 through
2028.'';
(2) in subsection (b), by striking ``this subtitle''
and all that follows and inserting ``this subtitle
$15,000,000 for each of fiscal years 2023 through
2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding
Opportunity.--Of amounts authorized pursuant to subsection (a),
$20,000,000 is authorized to carry out section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of
section 12210 of such Act, as redesignated by
subsection (e)(1), is amended by striking ``processing,
and management'' and inserting ``processing,
management, maintenance, interpretation, certification,
and dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act,
as redesignated by subsection (e)(1), is amended by
adding at the end the following:
``(9) Coastal indian tribe.--The term `coastal Indian
Tribe' means an `Indian Tribe', as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304), the land of which is
located in a coastal State.''.
(h) Clerical Amendments.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991) is amended by striking the items
relating to sections 12206 through 12208 and inserting the
following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.''.
SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF
1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is
amended by inserting ``hydrodynamic forecast and datum
transformation models,'' after ``nautical information
databases,''.
(b) Functions of the Administrator.--Section 303(b) of such
Act (33 U.S.C. 892a(b)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``precision navigation,'' after ``promote'';
and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast
models'' after ``monitoring systems'';
(B) by inserting ``and provide foundational
information and services required to support
coastal resilience planning for coastal
transportation and other infrastructure,
coastal protection and restoration projects,
and related activities'' after ``efficiency'';
and
(C) by striking ``; and'' and inserting a
semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act
(33 U.S.C. 892b(a)) is amended by striking ``product produced''
and inserting ``product or service produced or disseminated''.
(d) Authorization of Appropriations.--Section 306(a) of such
Act (33 U.S.C. 892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for
each of fiscal years 2019 through 2023'' and inserting
``$71,000,000 for each of fiscal years 2023 through
2028'';
(2) in paragraph (2), by striking ``$25,000,000 for
each of fiscal years 2019 through 2023'' and inserting
``$34,000,000 for each of fiscal years 2023 through
2028'';
(3) in paragraph (3), by striking ``$29,932,000 for
each of fiscal years 2019 through 2023'' and inserting
``$38,000,000 for each of fiscal years 2023 through
2028'';
(4) in paragraph (4), by striking ``$26,800,000 for
each of fiscal years 2019 through 2023'' and inserting
``$45,000,000 for each of fiscal years 2023 through
2028''; and
(5) in paragraph (5), by striking ``$30,564,000 for
each of fiscal years 2019 through 2023'' and inserting
``$35,000,000 for each of fiscal years 2023 through
2028''.
TITLE CIV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or
entangled'' after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and
inserting ``strandings and
entanglements, including unusual
mortality events,'';
(ii) by inserting ``stranding''
before ``region''; and
(iii) by striking ``marine mammals;
and'' and inserting ``marine mammals
and entangled marine mammals to allow
comparison of the causes of illness and
deaths in stranded marine mammals and
entangled marine mammals with physical,
chemical, and biological environmental
parameters; and''; and
(C) in paragraph (4), by striking ``analyses,
that would allow comparison of the causes of
illness and deaths in stranded marine mammals
with physical, chemical, and biological
environmental parameters.'' and inserting
``analyses.''; and
(2) by striking subsection (c) and inserting the
following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding
or entanglement event, the Secretary shall collect
(including from any staff of the National Oceanic and
Atmospheric Administration that respond directly to
such an event), and shall require each stranding
network participant who responds to that stranding or
entanglement to submit to the Administrator of the
National Oceanic and Atmospheric Administration or the
Director of the United States Fish and Wildlife
Service--
``(A) data on the stranding event, including
NOAA Form 89-864 (OMB #0648-0178), NOAA Form
89-878 (OMB #0648-0178), similar successor
forms, or similar information in an appropriate
format required by the United States Fish and
Wildlife Service for species under its
management authority;
``(B) supplemental data to the data described
in subparagraph (A), which may include, as
available, relevant information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or
prey activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal
contents; and
``(C) data and results from laboratory
analysis of tissues, which may include, as
appropriate and available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology;
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant
shall submit--
``(A) the data described in paragraph (1)(A)
not later than 30 days after the date of a
response to a stranding or entanglement event;
``(B) the compiled data described in
paragraph (1)(B) not later than 30 days after
the date on which the data is available to the
stranding network participant; and
``(C) the compiled data described in
paragraph (1)(C) not later than 30 days after
the date on which the laboratory analysis has
been reported to the stranding network
participant.
``(3) Online data input system.--The Secretary,
acting through the Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with the
stranding network and the Office of Evaluation Sciences
of the General Services Administration, shall establish
an online system for the purposes of efficient and
timely submission of data described in paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a
program to make information, including any data and
metadata collected under paragraph (3) or (4) of
subsection (b) or subsection (c), available to
researchers, stranding network participants, and the
public--
``(A) to improve real-time coordination of
response to stranding and entanglement events
across geographic areas and between stranding
coordinators;
``(B) to identify and quickly disseminate
information on potential public health risks;
``(C) to facilitate integrated
interdisciplinary research;
``(D) to facilitate peer-reviewed
publications;
``(E) to archive regional data into 1
national database for future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure
that any data or metadata collected under subsection
(c)--
``(A) by staff of the National Oceanic and
Atmospheric Administration or the United States
Fish and Wildlife Service that responded
directly to a stranding or entanglement event
is available to the public through the Health
MAP and the Observation System not later than
30 days after that data or metadata is
collected by, available to, or reported to the
Secretary; and
``(B) by a stranding network participant that
responded directly to a stranding or
entanglement event is made available to the
public through the Health MAP and the
Observation System 2 years after the date on
which that data are submitted to the Secretary
under subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding
paragraph (2)(B), the Secretary may make data
described in paragraph (2)(B) publicly
available earlier than 2 years after the date
on which that data are submitted to the
Secretary under subsection (c), if the
stranding network participant has completed a
written release stating that such data may be
made publicly available.
``(B) Law enforcement.--Notwithstanding
paragraph (2), the Secretary may withhold data
for a longer period than the period of time
described in paragraph (2) in the event of a
law enforcement action or legal action that may
be related to that data.
``(e) Standards.--The Secretary, in consultation with the
marine mammal stranding community, shall--
``(1) make publicly available guidance about uniform
data and metadata standards to ensure that data
collected in accordance with this section can be
archived in a form that is readily accessible and
understandable to the public through the Health MAP and
the Observation System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the regional
stranding networks, the Secretary shall develop, and
periodically update, a data management and public outreach
collaboration policy for stranding or entanglement events.
``(g) Authorship Agreements and Acknowledgment Policy.--The
Secretary, acting through the Under Secretary of Commerce for
Oceans and Atmosphere, shall include authorship agreements or
other acknowledgment considerations for use of data by the
public, as determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require
submission of research data that are not described in
subsection (c).''.
SEC. 10402. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or
entanglement'' before ``response'';
(2) in subsection (a), by striking the period at the
end and inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and''
after the semicolon;
(B) in paragraph (2), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management
and public outreach policy established under section
402(f).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) is amended by striking the
item related to section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405(b) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421d(b)) is amended to read as follows:
``(b) Uses.--Amounts in the Fund shall be available only for
use by the Secretary, in consultation with the Secretary of the
Interior, and dispersed among claimants based on budgets
approved by the Secretary prior to expenditure--
``(1) to make advance, partial, or progress payments
under contracts or other funding mechanisms for
property, supplies, salaries, services, and travel
costs incurred in acting in accordance with the
contingency plan issued under section 404(b) or under
the direction of an Onsite Coordinator for an unusual
mortality event designated under section
404(a)(2)(B)(iii);
``(2) for reimbursing any stranding network
participant for costs incurred in the collection,
preparation, analysis, and transportation of marine
mammal tissues and samples collected with respect to an
unusual mortality event for the Tissue Bank; and
``(3) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and''.
SEC. 10404. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421e(a)) is amended, in the matter preceding
paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a
stranding''; and
(2) by striking ``government'' and inserting
``Government''.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health
of marine mammals and'' and inserting ``marine mammal
health and mortality and the health of''; and
(2) in subsection (d), in the matter preceding
paragraph (1), by inserting ``public'' before
``access''.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID
RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting
``marine mammal rescue and response grant program and
rapid response fund'';
(2) by striking subsections (a) through (d) and
subsections (f) through (h);
(3) by redesignating subsection (e) as subsection
(f); and
(4) by inserting before subsection (f), as
redesignated by paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency
assistance' means--
``(i) financial assistance provided
to respond to, or that results from, a
stranding event or entanglement event
that--
``(I) causes an immediate
increase in the cost of a
response, recovery, or
rehabilitation that is greater
than the usual cost of a
response, recovery, or
rehabilitation;
``(II) is cyclical or
endemic; or
``(III) involves a marine
mammal that is out of the
normal range for that marine
mammal; or
``(ii) financial assistance provided
to respond to, or that results from, a
stranding event or an entanglement
event that--
``(I) the applicable
Secretary considers to be an
emergency; or
``(II) with the concurrence
of the applicable Secretary, a
State, territorial, or Tribal
Government considers to be an
emergency.
``(B) Exclusions.--The term `emergency
assistance' does not include financial
assistance to respond to an unusual mortality
event.
``(2) Secretary.--The term `Secretary' has the
meaning given that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region'
means a geographic region designated by the applicable
Secretary for purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response
Grant Program.--
``(1) In general.--The applicable Secretary shall
carry out a grant program, to be known as the `John H.
Prescott Marine Mammal Rescue and Response Grant
Program' (referred to in this section as the `grant
program'), to award grants to eligible stranding
network participants or stranding network
collaborators, as described in this subsection.
``(2) Purposes.--The purposes of the grant program
are to provide for--
``(A) the recovery, care, or treatment of
sick, injured, or entangled marine mammals;
``(B) responses to marine mammal stranding
events that require emergency assistance;
``(C) the collection of data and samples from
living or dead stranded marine mammals for
scientific research or assessments regarding
marine mammal health;
``(D) facility operating costs that are
directly related to activities described in
subparagraph (A), (B), or (C); and
``(E) development of stranding network
capacity, including training for emergency
response, where facilities do not exist or are
sparse.
``(3) Contract, grant, and cooperative agreement
authority.--
``(A) In general.--The applicable Secretary
may enter into a contract, grant, or
cooperative agreement with any eligible
stranding network participant or stranding
network collaborator, as the Secretary
determines to be appropriate, for the purposes
described in paragraph (2).
``(B) Emergency award flexibility.--Following
a request for emergency award flexibility and
analysis of the merits of and necessity for
such a request, the applicable Secretary may--
``(i) amend any contract, grant, or
cooperative agreement entered into
under this paragraph, including
provisions concerning the period of
performance; or
``(ii) waive the requirements under
subsection (f) for grant applications
submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall
ensure, to the extent practicable, that funds
awarded under the grant program are distributed
equitably among the stranding regions.
``(B) Considerations.--In determining
priorities among the stranding regions under
this paragraph, the Secretary may consider--
``(i) equitable distribution within
the stranding regions, including the
subregions (including, but not limited
to, the Gulf of Mexico);
``(ii) any episodic stranding,
entanglement, or mortality events,
except for unusual mortality events,
that occurred in any stranding region
in the preceding year;
``(iii) any data with respect to
average annual stranding,
entanglements, and mortality events per
stranding region;
``(iv) the size of the marine mammal
populations inhabiting a stranding
region;
``(v) the importance of the region's
marine mammal populations to the well-
being of indigenous communities; and
``(vi) the conservation of protected,
depleted, threatened, or endangered
marine mammal species.
``(C) Strandings.--For the purposes of this
program, priority is to be given to
applications focusing on marine mammal
strandings.
``(5) Application.--To be eligible for a grant under
the grant program, a stranding network participant
shall--
``(A) submit an application in such form and
manner as the applicable Secretary prescribes;
and
``(B) be in compliance with the data
reporting requirements under section 402(d) and
any applicable reporting requirements of the
United States Fish and Wildlife Service for
species under its management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in
consultation with the Marine Mammal Commission, a
representative from each of the stranding regions, and
other individuals who represent public and private
organizations that are actively involved in rescue,
rehabilitation, release, scientific research, marine
conservation, and forensic science with respect to
stranded marine mammals under that Department's
jurisdiction, develop criteria for awarding grants
under their respective grant programs.
``(7) Maximum grant amount.--No grant made under the
grant program for a single award may exceed $150,000 in
any 12-month period.
``(8) Administrative costs and expenses.--The
Secretary's administrative costs and expenses related
to reviewing and awarding grants under the grant
program, in any fiscal year may not exceed the greater
of--
``(A) 6 percent of the amounts made available
each fiscal year to carry out the grant
program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make
publicly available a list of grant proposals for the
upcoming fiscal year, funded grants, and requests for
grant flexibility under this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid
Response Fund.--
``(1) In general.--There is established in the
Treasury of the United States an interest-bearing fund,
to be known as the `Joseph R. Geraci Marine Mammal
Rescue and Rapid Response Fund' (referred to in this
section as the `Rapid Response Fund').
``(2) Use of funds.--Amounts in the Rapid Response
Fund shall be available only for use by the Secretary
to provide emergency assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There
is authorized to be appropriated to carry out
the grant program $7,000,000 for each of fiscal
years 2023 through 2028, to remain available
until expended, of which for each fiscal year--
``(i) $6,000,000 shall be made
available to the Secretary of Commerce;
and
``(ii) $1,000,000 shall be made
available to the Secretary of the
Interior.
``(B) Derivation of funds.--Funds to carry
out the activities under this section shall be
derived from amounts authorized to be
appropriated pursuant to subparagraph (A) that
are enacted after the date of enactment of the
James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023.
``(2) Joseph r. geraci marine mammal rescue and rapid
response fund.--There is authorized to be appropriated
to the Rapid Response Fund $500,000 for each of fiscal
years 2023 through 2028.
``(e) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out
this section, the Secretary may solicit, accept,
receive, hold, administer, and use gifts, devises, and
bequests without any further approval or administrative
action.
``(2) Monetary donations.--A monetary gift, devise,
or bequest accepted by the Secretary under paragraph
(1) shall be credited as discretionary offsetting
collections to the currently applicable appropriation,
account, or fund of the Department of Commerce and
shall be made available for such purposes only to the
extent and in the amounts provided in advance in
appropriations Acts.''.
(b) Technical Edits.--Section 408 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421f-1), as amended by
subsection (a), is further amended in subsection (f), as
redesignated by subsection (a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity
conducted with a grant under this section shall
be'' and inserting ``a project conducted with
funds awarded under the grant program under
this section shall be not less than''; and
(B) by striking ``such costs'' and inserting
``such project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting
``a project''; and
(B) by striking ``the activity'' and
inserting ``the project''.
(c) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) (as amended by section
5503(b)) is amended by striking the item related to section 408
and inserting the following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.''.
SEC. 10407. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting after
section 408 the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS PLATFORM
(HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Secretary, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Secretary of the
Interior and the Marine Mammal Commission, shall--
``(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the
`Health MAP');
``(2) incorporate the Health MAP into the Observation
System; and
``(3) make the Health MAP--
``(A) publicly accessible through the web
portal of the Observation System; and
``(B) interoperable with other national data
systems or other data systems for management or
research purposes, as practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among
individuals with knowledge and experience in
marine mammal science, marine mammal veterinary
and husbandry practices, medical science, and
oceanography, and with other marine scientists;
``(B) timely and sustained dissemination and
availability of marine mammal health,
stranding, entanglement, and mortality data;
``(C) identification of spatial and temporal
patterns of marine mammal mortality, disease,
and stranding;
``(D) evaluation of marine mammal health in
terms of mortality, as well as sublethal marine
mammal health impacts;
``(E) improved collaboration and forecasting
of marine mammal and larger ecosystem health
events;
``(F) rapid communication and dissemination
of information regarding marine mammal
strandings that may have implications for human
health, such as those caused by harmful algal
blooms; and
``(G) increased accessibility of data in a
user friendly visual interface for public
education and outreach; and
``(2) to contribute to an ocean health index that
incorporates marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine
mammal health, stranding, and mortality data, including
visualizations and metadata, collected by marine mammal
stranding networks, Federal, State, local, and Tribal
governments, private partners, and academia; and
``(2) be designed--
``(A) to enhance data and information
availability, including data sharing among
stranding network participants, scientists, and
the public within and across stranding network
regions;
``(B) to facilitate data and information
access across scientific disciplines,
scientists, and managers;
``(C) to facilitate public access to national
and regional marine mammal health, stranding,
entanglement, and mortality data, including
visualizations and metadata, through the
national and regional data portals of the
Observation System; and
``(D) in collaboration with, and with input
from, States and stranding network
participants.
``(d) Procedures and Guidelines.--The Secretary shall
establish and implement policies, protocols, and standards
for--
``(1) reporting marine mammal health data collected
by stranding networks consistent with subsections (c)
and (d) of section 402;
``(2) promptly transmitting health data from the
stranding networks and other appropriate data providers
to the Health MAP;
``(3) disseminating and making publicly available
data on marine mammal health, stranding, entanglement,
and mortality data in a timely and sustained manner;
and
``(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary
determines appropriate.
``(e) Consultation.--The Administrator of the National
Oceanic and Atmospheric Administration shall maintain and
update the Health MAP in consultation with the Secretary of the
Interior and the Marine Mammal Commission.
``(f) Acceptance of Donations.--
``(1) In general.--For the purposes of carrying out
this section, the Secretary may solicit, accept,
receive, hold, administer, and use gifts, devises, and
bequests without any further approval or administrative
action.
``(2) Monetary donations.--A monetary gift, devise,
or bequest accepted by the Secretary under paragraph
(1) shall be credited as discretionary offsetting
collections to the currently applicable appropriation,
account, or fund of the Department of Commerce and
shall be made available for such purposes only to the
extent and in the amounts provided in advance in
appropriations Acts.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) (as amended by section
5507(b)) is amended by inserting after the item related to
section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).''.
SEC. 10408. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1421 et seq.) (as amended by section
5508(a)) is amended by inserting after section 408A the
following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) the Committee on Environment and Public Works
of the Senate;
``(3) the Committee on Natural Resources of the House
of Representatives; and
``(4) the Committee on Science, Space, and Technology
of the House of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 years after the
date of enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, the
Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Marine Mammal
Commission, the Secretary of the Interior, and the
National Ocean Research Leadership Council, shall
submit to the appropriate committees of Congress a
report describing the status of the Health MAP.
``(2) Requirements.--The report under paragraph (1)
shall include--
``(A) a detailed evaluation of the data made
publicly available through the Health MAP;
``(B) a detailed list of any gaps in data
collected pursuant to the Health MAP, a
description of the reasons for those gaps, and
recommended actions to close those gaps;
``(C) an analysis of the effectiveness of
using the website of the Observation System as
the platform to collect, organize, visualize,
archive, and disseminate marine mammal
stranding and health data;
``(D) a list of publications, presentations,
or other relevant work product resulting from,
or produced in collaboration with, the Health
MAP;
``(E) a description of emerging marine mammal
health concerns and the applicability of those
concerns to human health;
``(F) an analysis of the feasibility of the
Observation System being used as an alert
system during stranding events, entanglement
events, and unusual mortality events for the
stranding network, Observation System partners,
Health MAP partners, Federal and State
agencies, and local and Tribal governments;
``(G) an evaluation of the use of Health MAP
data to predict broader ecosystem events and
changes that may impact marine mammal or human
health and specific examples of proven or
potential uses of Observation System data for
those purposes; and
``(H) recommendations for the Health MAP with
respect to--
``(i) filling any identified data
gaps;
``(ii) standards that could be used
to improve data quality, accessibility,
transmission, interoperability, and
sharing;
``(iii) any other strategies that
would contribute to the effectiveness
and usefulness of the Health MAP; and
``(iv) the funding levels needed to
maintain and improve the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the
date on which the report required under subsection
(b)(1) is submitted, and every 10 years thereafter, the
Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Marine Mammal
Commission and the Director of the United States Fish
and Wildlife Service, shall--
``(A) make publicly available a report on the
data gap analysis described in paragraph (2);
and
``(B) provide a briefing to the appropriate
committees of Congress concerning that data gap
analysis.
``(2) Requirements.--The data gap analysis under
paragraph (1) shall include--
``(A) an overview of existing participants
within a marine mammal stranding network;
``(B) an identification of coverage needs and
participant gaps within a network;
``(C) an identification of data and reporting
gaps from members of a network; and
``(D) an analysis of how stranding and health
data are shared and made available to
scientists, academics, State, local, and Tribal
governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the
date of enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, the
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the United States Fish
and Wildlife Service, and the Director of the United
States Geologic Survey, in consultation with the Marine
Mammal Commission, shall--
``(A) make publicly available a report
describing the response capabilities for sick
and injured marine mammals in the Arctic
regions of the United States; and
``(B) provide a briefing to the appropriate
committees of Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning
given the term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1)
shall include--
``(A) a description, developed in
consultation with the Fish and Wildlife Service
of the Department of the Interior, of all
marine mammal stranding agreements in place for
the Arctic region of the United States,
including species covered, response
capabilities, facilities and equipment, and
data collection and analysis capabilities;
``(B) a list of State and local government
agencies that have personnel trained to respond
to marine mammal strandings in the Arctic
region of the United States;
``(C) an assessment of potential response and
data collection partners and sources of local
information and knowledge, including Alaska
Native people and villages;
``(D) an analysis of spatial and temporal
trends in marine mammal strandings and unusual
mortality events that are correlated with
changing environmental conditions in the Arctic
region of the United States;
``(E) a description of training and other
resource needs to meet emerging response
requirements in the Arctic region of the United
States;
``(F) an analysis of oiled marine mammal
response and rehabilitation capabilities in the
Arctic region of the United States, including
personnel, equipment, facilities, training, and
husbandry capabilities, and an assessment of
factors that affect response and rehabilitation
success rates; and
``(G) recommendations to address future
stranding response needs for marine mammals in
the Arctic region of the United States.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) (as amended by section
5508(b)) is amended by inserting after the item related to
section 408A the following:
``Sec. 408B. Reports to Congress.''.
SEC. 10409. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;''
and inserting ``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;''
and inserting ``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year
1993.'' and inserting ``for each of fiscal years 2023
through 2028.''.
SEC. 10410. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2), (5), (6), (7), (8), and (9),
respectively;
(2) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) The term `entangle' or `entanglement' means an
event in the wild in which a living or dead marine
mammal has gear, rope, line, net, or other material
wrapped around or attached to the marine mammal and
is--
``(A) on lands under the jurisdiction of the
United States, including beaches and
shorelines; or
``(B) in waters under the jurisdiction of the
United States, including any navigable
waters.'';
(3) in paragraph (2) (as so redesignated) by striking
``The term'' and inserting ``Except as used in section
408, the term'';
(4) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) The term `Health MAP' means the Marine Mammal
Health Monitoring and Analysis Platform established
under section 408A(a)(1).
``(4) The term `Observation System' means the
National Integrated Coastal and Ocean Observation
System established under section 12304 of the
Integrated Coastal and Ocean Observation System Act of
2009 (33 U.S.C. 3603).''.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Undersecretary of Commerce for
Oceans and Atmosphere shall, in consultation with the Secretary
of the Interior and the Marine Mammal Commission, conduct a
study evaluating the connections among marine heat waves,
frequency and intensity of harmful algal blooms, prey
availability, and habitat degradation, and the impacts of these
conditions on marine mammal mortality.
(b) Report.--The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the Interior
and the Marine Mammal Commission, shall prepare, post to a
publicly available website, and brief the appropriate
committees of Congress on, a report containing the results of
the study described in subsection (a). The report shall
identify priority research activities, opportunities for
collaboration, and current gaps in effort and resource
limitations related to advancing scientific understanding of
how ocean heat waves, harmful algae blooms, availability of
prey, and habitat degradation impact marine mammal mortality.
The report shall include recommendations for policies needed to
mitigate and respond to mortality events.
TITLE CV--VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING AND
MONITORING SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(43 U.S.C. 31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of
Commerce' means the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term
`Volcanic Ash Advisory Center' means an entity
designated by the International Civil Aviation
Organization that is responsible for informing aviation
interests about the presence of volcanic ash in the
airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and
monitoring systems of volcano
observatories in the United States by
integrating relevant capacities of the
National Oceanic and Atmospheric
Administration, including with the
Volcanic Ash Advisory Centers located
in Anchorage, Alaska, and Washington,
D.C., to observe and model emissions of
gases, aerosols, and ash, atmospheric
dynamics and chemistry, and ocean
chemistry resulting from volcanic
eruptions.''.
(c) System Components.--Subsection (b)(2) of such section is
amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before
``spectrometry''; and
(B) by inserting ``, and unoccupied aerial
vehicles'' after ``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The
Secretary and the Secretary of Commerce shall
develop and execute a memorandum of
understanding to establish cooperative support
for the activities of the System from the
National Oceanic and Atmospheric
Administration, including environmental
observations, modeling, and temporary duty
assignments of personnel to support emergency
activities, as necessary or appropriate.''.
(d) Management.--Subsection (b)(3) of such section is
amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) Update.--
``(I) National oceanic and
atmospheric administration cost
estimates.--The Secretary of
Commerce shall submit to the
Secretary annual cost estimates
for modernization activities
and support of the System for
the National Oceanic and
Atmospheric Administration.
``(II) Update of management
plan.--The Secretary shall
update the management plan
submitted under clause (i) to
include the cost estimates
submitted under subclause
(I).''; and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of
Commerce shall collaborate with the Secretary
to implement activities carried out under this
section related to the expertise of the
National Oceanic and Atmospheric
Administration, including observations and
modeling of emissions of gases, aerosols, and
ash, atmospheric dynamics and chemistry, and
ocean chemistry resulting from volcanic
eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting
``, united states geological survey'' after
``appropriations''; and
(B) by inserting ``to the United States
Geological Survey'' after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations, national
oceanic and atmospheric administration.--There is
authorized to be appropriated to the National Oceanic
and Atmospheric Administration to carry out this
section such sums as may be necessary for the period of
fiscal years 2023 through 2024.''; and
(4) in paragraph (3), as redesignated by paragraph
(2)--
(A) by striking ``United States Geological
Survey''; and
(B) by inserting ``of the United States
Geological Survey and the National Oceanic and
Atmospheric Administration'' after
``programs''.
(f) Implementation Plan.--
(1) Development of plan.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Commerce, in consultation with the
Secretary of the Interior, shall develop a plan to
implement the amendments made by this Act during the 5-
year period beginning on the date on which the plan is
developed.
(2) Elements.--The plan developed under paragraph (1)
shall include an estimate of the cost and schedule
required for the implementation described in such
paragraph.
(3) Public availability.--Upon completion of the plan
developed under paragraph (1), the Secretary of
Commerce shall make the plan publicly available.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.
(2) Administrator.--The term ``Administrator'' means
the Under Secretary of Commerce for Oceans and
Atmosphere and Administrator of the National Oceanic
and Atmospheric Administration.
(3) Earth prediction innovation center.--The term
``Earth Prediction Innovation Center'' means the
community global weather research modeling system
described in paragraph (5)(E) of section 102(b) of the
Weather Research Forecasting and Innovation Act of 2017
(15 U.S.C. 8512(b)), as redesignated by this section.
(4) Model.--The term ``model'' means any vetted
numerical model and associated data assimilation of the
Earth's system or its components--
(A) developed, in whole or in part, by
scientists and engineers employed by the
Administration; or
(B) otherwise developed, in whole or in part,
using Federal funds.
(5) Open license.--The term ``open license'' has the
same meaning given such term in section 3502(21) of
title 44, United States Code.
(6) Operational model.--The term ``operational
model'' means any model that has an output used by the
Administration for operational functions.
(7) Suitable model.--The term ``suitable model''
means a model that meets the requirements described in
paragraph (5)(E)(ii) of section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15
U.S.C. 8512(b)), as redesignated by this title, as
determined by the Administrator.
(b) Purposes.--The purposes of this section are--
(1) to support innovation in modeling by allowing
interested stakeholders to have easy and complete
access to operational model codes and to other models,
as the Administrator determines appropriate; and
(2) to use vetted innovations arising from access
described in paragraph (1) to improve modeling by the
Administration.
(c) Plan and Implementation of Plan To Make Certain Models
and Data Available to the Public.--
(1) In general.--The Administrator shall develop and
implement a plan to make available to the public, at no
cost and with no restrictions on copying, publishing,
distributing, citing, adapting, or otherwise using
under an open license, the following:
(A) Operational models developed by the
Administration.
(B) Models that are not operational models,
including experimental and developmental
models, as the Administrator determines
appropriate.
(C) Applicable information and documentation
for models described in subparagraphs (A) and
(B), including a description of intended model
outputs.
(D) Subject to subsection (f), all data owned
by the Federal Government and data that the
Administrator has the legal right to
redistribute that are associated with models
made available to the public pursuant to the
plan and used in operational forecasting by the
Administration, including--
(i) relevant metadata; and
(ii) data used for operational models
used by the Administration as of the
date of the enactment of this Act.
(2) Accommodations.--In developing and implementing
the plan under paragraph (1), the Administrator may
make such accommodations as the Administrator considers
appropriate to ensure that the public release of any
model, information, documentation, or data pursuant to
the plan do not jeopardize--
(A) national security;
(B) intellectual property or redistribution
rights, including under titles 17 and 35,
United States Code;
(C) any trade secret or commercial or
financial information subject to section
552(b)(4) of title 5, United States Code;
(D) any models or data that are otherwise
restricted by contract or other written
agreement; or
(E) the mission of the Administration to
protect lives and property.
(3) Priority.--In developing and implementing the
plan under paragraph (1), the Administrator shall
prioritize making available to the public the models
described in paragraph (1)(A).
(4) Protections for privacy and statistical
information.--In developing and implementing the plan
under subsection (a), the Administrator shall ensure
that all requirements incorporated into any models
described in paragraph (1)(A) ensure compliance with
statistical laws and other relevant data protection
requirements, including the protection of any
personally identifiable information.
(5) Exclusion of certain models.--In developing and
implementing the plan under paragraph (1), the
Administrator may exclude models that the Administrator
determines will be retired or superseded in fewer than
5 years after the date of the enactment of this Act.
(6) Platforms.--In carrying out paragraphs (1) and
(2), the Administrator may use government servers,
contracts or agreements with a private vendor, or any
other platform consistent with the purpose of this
title.
(7) Support program.--The Administrator shall plan
for and establish a program to support infrastructure,
including telecommunications and technology
infrastructure of the Administration and the platforms
described in paragraph (6), relevant to making
operational models and data available to the public
pursuant to the plan under subsection (a).
(8) Technical correction.--Section 102(b) of the
Weather Research Forecasting and Innovation Act of 2017
(15 U.S.C. 8512(b)) is amended by redesignating the
second paragraph (4) (as added by section 4(a) of the
National Integrated Drought Information System
Reauthorization Act of 2018 (Public Law 115-423; 132
Stat. 5456)) as paragraph (5).
(d) Requirement To Review Models and Leverage Innovations.--
The Administrator shall--
(1) consistent with the mission of the Earth
Prediction Innovation Center, periodically review
innovations and improvements made by persons not
employed by the Administration as Federal employees to
the operational models made available to the public
pursuant to the plan under subsection (c)(1) in order
to improve the accuracy and timeliness of forecasts of
the Administration; and
(2) if the Administrator identifies an innovation for
a suitable model, develop and implement a plan to use
the innovation to improve the model.
(e) Report on Implementation.--
(1) In general.--Not later than 2 years after the
date of the enactment of this Act, the Administrator
shall submit to the appropriate congressional
committees a report on the implementation of this
section that includes a description of--
(A) the implementation of the plan required
by subsection (c);
(B) the process of the Administration under
subsection (d)--
(i) for engaging with interested
stakeholders to learn what innovations
those stakeholders have found;
(ii) for reviewing those innovations;
and
(iii) for operationalizing
innovations to improve suitable models;
and
(C) the use of any Federal financial
assistance, including under section 24 of the
Stevenson-Wydler Technology Innovation Act of
1990 (15 U.S.C. 3719) or the Crowdsourcing and
Citizen Science Act (15 U.S.C. 3724), in order
to facilitate and incentivize the sharing of
externally developed improvements for testing,
evaluation, validation, and application to
further improve the mission of the
Administration, and any other Administration
priorities.
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on
Appropriations of the Senate; and
(B) the Committee on Science, Space, and
Technology and the Committee on Appropriations
of the House of Representatives.
(f) Protection of National Security Interests.--
(1) In general.--Notwithstanding any other provision
of this section, for models developed in whole or in
part with the Department of Defense, the Administrator,
in consultation with the Secretary of Defense, as
appropriate, shall withhold any model or data if the
Administrator or the Secretary of Defense determines
doing so to be necessary to protect the national
security interests of the United States.
(2) Rule of construction.--Nothing in this section
shall be construed to supersede any other provision of
law governing the protection of the national security
interests of the United States.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,000,000 for each
of fiscal years 2023 through 2027.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don
Young Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 11203. Study and report on national security and drug trafficking
threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and
response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation system.
Subtitle E--Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft
and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on
active duty.
Sec. 11236. Number and distribution of officers on active duty promotion
list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend
officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 11248. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and
accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of sexual
assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and
port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution
fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C--Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from development of renewable energy on
West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking
fishing gear.
Subtitle D--Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and
related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development
services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B--Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and
transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C--Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted
members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized
housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D--Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical
amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 11002. DEFINITIONS.
In this division:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Secretary.--Except as otherwise provided, the
term ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating.
SEC. 11003. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this division may be construed--
(1) to satisfy any requirement for government-to-
government consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of
any Tribal government.
(b) Tribal Government Defined.--In this section, the term
``Tribal government'' means the recognized governing body of
any Indian or Alaska Native Tribe, band, nation, pueblo,
village, community, component band, or component reservation,
individually identified (including parenthetically) in the list
published most recently as of the date of the enactment of this
Act pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
TITLE CXI--AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2020 and 2021'' and inserting ``fiscal
years 2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses
(i) and (ii) and inserting the following:
``(i) $10,000,000,000 for fiscal year 2022;
and
``(ii) $10,750,000,000 for fiscal year
2023.'';
(B) in subparagraph (B) by striking
``$17,035,000'' and inserting ``$23,456,000'';
and
(C) in subparagraph (C) by striking ``,
(A)(ii) $17,376,000'' and inserting ``(A)(ii),
$24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses
(i) and (ii) and inserting the following:
``(i) $3,312,114,000 for fiscal year 2022;
and
``(ii) $3,477,600,000 for fiscal year
2023.''; and
(B) in subparagraph (B) by striking clauses
(i) and (ii) and inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3) by striking subparagraphs (A)
and (B) and inserting the following:
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.'';
and
(5) in paragraph (4) by striking subparagraphs (A)
and (B) and inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 for fiscal year 2023.''.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020
and 2021'' and inserting ``fiscal years 2022 and
2023''; and
(2) in subsection (b) by striking ``fiscal years 2020
and 2021'' and inserting ``fiscal years 2022 and
2023''.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, there are
authorized to the Commandant for each of fiscal years 2022 and
2023--
(1) $25,000,000 for the child care subsidy program as
established under section 11401and any additional
eligible uses established by the Commandant under the
amendment made by subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health
services in the Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System
pilot program established under section 11207; and
(4) $1,000,000 to prepare the evaluation of
requirements for the Arctic Security Cutter.
SEC. 11104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
VESSELS.
(a) In General.--Of the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 11101, for fiscal year 2023--
(1) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the
acquisition of 6 Fast Response Cutters;
(3) $172,500,000 is authorized for the program
management, design, and acquisition of 12 Pacific
Northwest heavy weather boats that are at least as
capable as the Coast Guard 52-foot motor surfboat;
(4) $167,200,000 is authorized for the third Polar
Security Cutter;
(5) $150,000,000 is authorized for the acquisition or
procurement of an available icebreaker (as such term is
defined under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be
authorized for the acquisition of a Great Lakes
icebreaker at least as capable as Coast Guard cutter
Mackinaw (WLBB-30);
(7) in addition to amounts authorized under paragraph
(6), $20,000,000 shall be authorized for the design and
selection of icebreaking cutters for operation in the
Great Lakes, the Northeastern United States, and the
Arctic as appropriate, that are at least as capable as
the Coast Guard 140-foot icebreaking tugs; and
(8) $650,000,000 is authorized for the continued
acquisition of Offshore Patrol Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts authorized under subsection (a) shall be in addition to
the National Security Cutters and Fast Response Cutters
approved under the existing acquisition baseline in the program
of record for the National Security Cutter and Fast Response
Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated
under section 4902(2)(A) of title 14, United States Code--
(1) for each of fiscal years 2022 and 2023,
$1,000,000,000 is authorized to fund maintenance,
construction, and repairs for Coast Guard shoreside
infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized
for improvements to facilities of the Coast Guard Yard.
(b) Set-asides.--Of the amounts authorized under subsection
(a)(1)--
(1) up to $60,000,000 is authorized to fund Phase I,
in fiscal year 2022, and $60,000,000 is authorized to
fund Phase II, in fiscal year 2023, for the
recapitalization of the barracks at the United States
Coast Guard Training Center Cape May in Cape May, New
Jersey;
(2) $67,500,000 is authorized for the construction of
additional new child care development centers not
constructed using funds authorized by title V of the
Infrastructure Investment and Jobs Act (Public Law 117-
58); and
(3) up to $1,200,000 is authorized to--
(A) complete repairs to the United States
Coast Guard Station, New York, waterfront,
including repairs to the concrete pier; and
(B) replace floating piers Alpha and Bravo,
the South Breakwater and Ice Screen, the North
Breakwater and Ice Screen and the seawall.
(c) Mitigation of Hazard Risks.--In carrying out projects
with funds authorized under subsection (a), the Coast Guard
shall mitigate, to the greatest extent practicable, natural
hazard risks identified in any Shore Infrastructure
Vulnerability Assessment for Phase I related to such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND CONSTRUCTION
IMPROVEMENT.
There is authorized to appropriated for the period of fiscal
years 2023 through 2028 for the Secretary--
(1) $273,000,000 for the purposes of improvements to
facilities of the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new
floating drydock at the Yard.
TITLE CXII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 11201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES PROJECTS.
(a) In General.--Not less frequently than annually, the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) a detailed list of Coast Guard shoreside
infrastructure projects contemplated in each Coast
Guard Sector area of responsibility and planned within
the 7 years following the submission of the annual
report for all Coast Guard facilities located within
each Coast Guard Sector area of responsibility in the
order of priority, including recapitalization,
maintenance needs in excess of $100,000, dredging, and
other shoreside infrastructure needs of the Coast
Guard;
(2) the estimated cost of projects to fulfill each
project, to the extent available; and
(3) a general description of the state of planning,
including design and engineering, for each such
project.
(b) Contents.--The report submitted under subsection (a)
shall include all unfunded shoreside infrastructure and
facility priorities meeting the criteria under subsection (a)
recommended to the Commandant for consideration for inclusion
in the unfunded priority list report to Congress under section
5108 of title 14, United States Code, regardless of whether the
unfunded shoreside infrastructure project is included in the
final annual unfunded priority list to Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN
PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Commandant, in
consultation with the Coast Guard Commander of the
Pacific Area, the Commander of United States Indo-
Pacific Command, and the Under Secretary of Commerce
for Oceans and Atmosphere, shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
outlining the resourcing needs of the Coast Guard to
achieve optimum operations in the Western Pacific
region.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of the risks and associated
needs--
(i) to United States strategic
maritime interests, in particular such
interests in areas west of the
International Date Line, including
risks to bilateral maritime partners of
the United States, posed by not fully
staffing and equipping Coast Guard
operations in the Western Pacific
region;
(ii) to the Coast Guard mission and
force posed by not fully staffing and
equipping Coast Guard operations in the
Western Pacific region; and
(iii) to support the call of the
President, as set forth in the Indo-
Pacific Strategy, to expand Coast Guard
presence and cooperation in Southeast
Asia, South Asia, and the Pacific
Islands, with a focus on advising,
training, deployment, and capacity
building.
(B) A description of the additional
resources, including shoreside resources,
required to fully implement the needs described
in subparagraph (A), including the United
States commitment to bilateral fisheries law
enforcement in the Pacific Ocean.
(C) A description of the operational and
personnel assets required and a dispersal plan
for available and projected future Coast Guard
cutters and aviation forces to conduct optimum
operations in the Western Pacific region.
(D) An analysis with respect to whether a
national security cutter or fast response
cutter located at a United States military
installation in a foreign country in the
Western Pacific region would enhance United
States national security, partner country
capacity building, and prevention and effective
response to illegal, unreported, and
unregulated fishing.
(E) An assessment of the benefits and
associated costs involved in--
(i) increasing staffing of Coast
Guard personnel within the command
elements of United States Indo-Pacific
Command or subordinate commands; and
(ii) designating a Coast Guard patrol
force under the direct authority of the
Commander of the United States Indo-
Pacific Command with associated
forward-based assets and personnel.
(F) An identification of any additional
authority necessary, including proposals for
legislative change, to meet the needs
identified in accordance with subparagraphs (A)
through (E) and any other mission requirement
in the Western Pacific region.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(b) Briefing.--Not later than 60 days after the date on which
the Commandant submits the report under subsection (a), the
Commandant, or a designated individual, shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the findings and
conclusions of such report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING
THREATS IN FLORIDA STRAITS, CUBA, AND CARIBBEAN
REGION.
(a) In General.--The Commandant shall conduct a study on
threats to national security, drug trafficking, and other
relevant threats the Commandant considers appropriate in the
Florida Straits and Caribbean region, including Cuba.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) new technology and evasive maneuvers used
by transnational criminal organizations to
evade detection and interdiction by Coast Guard
law enforcement units and interagency partners;
and
(B) capability gaps of the Coast Guard with
respect to--
(i) the detection and interdiction of
illicit drugs in the Florida Straits
and Caribbean region, including Cuba;
and
(ii) the detection of national
security threats in such region.
(2) An identification of--
(A) the critical technological advancements
required for the Coast Guard to meet current
and anticipated threats in such region;
(B) the capabilities required to enhance
information sharing and coordination between
the Coast Guard and interagency partners,
foreign governments, and related civilian
entities; and
(C) any significant developing threats to the
United States posed by illicit actors in such
region.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study under subsection (a).
SEC. 11204. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the
uses of the amounts authorized under sections 11105(a)(2) and
11106 are to--
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic
manufacturing capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to
meet the growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary shall ensure that the Coast
Guard Yard receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience
of the shipyard, its facilities, and associated
infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and
capital equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint
facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the
Coast Guard Yard.
(c) Workforce Development Plan.--Not later than 180 days
after the date of enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a workforce development plan that--
(1) outlines the workforce needs of the Coast Guard
Yard with respect to civilian employees and active duty
members of the Coast Guard, including engineers,
individuals engaged in trades, cyber specialists, and
other personnel necessary to meet the evolving mission
set of the Coast Guard Yard; and
(2) includes recommendations for Congress with
respect to the authorities, training, funding, and
civilian and active-duty recruitment, including the
recruitment of women and underrepresented minorities,
necessary to meet workforce needs of the Coast Guard
Yard for the 10-year period beginning on the date of
submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR
MISSION NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1158. Authority to enter into transactions other than contracts
and grants to procure cost-effective, advanced
technology for mission-critical needs
``(a) In General.--Subject to subsections (b) and (c), the
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) to operate, test, and
acquire cost-effective technology for the purpose of meeting
the mission needs of the Coast Guard.
``(b) Operation, Testing, and Acquisition.--Operation,
testing, and acquisition of technologies under subsection (a)
shall be--
``(1) carried out in accordance with Coast Guard
policies and guidance; and
``(2) consistent with the operational requirements of
the Coast Guard.
``(c) Limitations.--The Commandant may not enter into a
transaction under subsection (a) with respect to a technology
that--
``(1) does not comply with the cybersecurity
standards of the Coast Guard; or
``(2) is sourced from an entity domiciled in the
People's Republic of China, unless the Commandant
determines that the prototype or procurement of such a
technology is for the purpose of--
``(A) counter-UAS or surrogate testing; or
``(B) intelligence, electronic warfare, and
information warfare, testing, and analysis.
``(d) Education and Training.--The Commandant shall ensure
that management, technical, and contracting personnel of the
Coast Guard involved in the award or administration of
transactions under this section are provided adequate education
and training with respect to the authority under this section.
``(e) Regulations.--The Commandant shall prescribe
regulations as necessary to carry out this section.
``(f) Counter-UAS Defined.--In this section, the term
`counter-UAS' has the meaning given such term in section 44801
of title 49.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title
14, United States Code, is amended by inserting after the item
relating to section 1157 the following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective, advanced technology for
mission-critical needs.''.
(c) Report.--
(1) In general.--Not later than 5 years after the
date of the enactment of this Act, the Commandant shall
submit to the appropriate committees of Congress a
report that--
(A) describes the use of the authority
pursuant to section 1158 of title 14, United
States Code (as added by this section); and
(B) assesses the mission and operational
benefits of such authority.
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall incorporate the
most recent oceanic and atmospheric data relating to the
increasing rates of extreme weather, including flooding, into
planning scenarios for Coast Guard infrastructure and mission
deployments with respect to all Coast Guard Missions.
(b) Coordination With National Oceanic and Atmospheric
Administration.--In carrying out subsection (a), the Commandant
shall--
(1) coordinate with the Under Secretary of Commerce
for Oceans and Atmosphere to ensure the incorporation
of the most recent environmental and climatic data; and
(2) request technical assistance and advice from the
Under Secretary in planning scenarios, as appropriate.
(c) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the manner in
which the best-available science from the National Oceanic and
Atmospheric Administration has been incorporated into at least
1 key mission area of the Coast Guard, and the lessons learned
from incorporating such science.
SEC. 11207. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall, subject to the
availability of appropriations, establish a pilot program to
improve the issuance of alerts to facilitate cooperation with
the public to render aid to distressed individuals under
section 521 of title 14, United States Code.
(b) Pilot Program Contents.--In carrying out the pilot
program established under subsection (a), the Commandant shall,
to the maximum extent possible--
(1) include a voluntary opt-in program under which
members of the public, as appropriate, and the entities
described in subsection (c), may receive notifications
on cellular devices regarding Coast Guard activities to
render aid to distressed individuals under section 521
of title 14, United States Code;
(2) cover areas located within the area of
responsibility of 3 different Coast Guard sectors in
diverse geographic regions; and
(3) provide that the dissemination of an alert shall
be limited to the geographic areas most likely to
facilitate the rendering of aid to distressed
individuals.
(c) Consultation.--In developing the pilot program under
subsection (a), the Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or
possession of the United States; and
(5) any relevant political subdivision of an entity
described in paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, and annually thereafter
through 2026, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the implementation of this section.
(2) Public availability.--The Commandant shall make
the report submitted under paragraph (1) available to
the public.
SEC. 11208. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Commandant shall conduct a pilot
project to enhance cutter readiness and reduce lost patrol days
through the deployment of condition-based program standards for
cutter maintenance, in accordance with the criteria set forth
in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the
Commandant, in cooperation with government and industry
partners, shall--
(1) select at least 1 class of cutters under
construction with respect to which the application of
the pilot project would enhance readiness;
(2) use condition-based program standards which
incorporate artificial, intelligence, prognostic based
maintenance planning;
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
(4) install or modify instrumentation capable of
producing full hull, mechanical, and electrical data
necessary to analyze cutter operational conditions with
active maintenance alerts; and
(5) evaluate and weight efficacy of potential
emergent repairs as well as planned depot maintenance
activities.
(c) Consideration.--Prior to developing the pilot project in
this section, the Commandant shall evaluate commercially
available products, technology, applications, standards, and
technology for development and implementation of the pilot
program.
(d) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
(1) an interim report not later than 12 months after
the date of enactment of this Act on the progress in
carrying out the pilot project described in subsection
(a); and
(2) a final report not later than 3 years after the
date of enactment of this Act on the results of the
pilot project described in subsection (a) that
includes--
(A) options to integrate condition-based
program standards with prognostic based
maintenance planning to Coast Guard cutters;
and
(B) plans to deploy condition-based program
standards with prognostic based maintenance
planning to Coast Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall conduct a study on the laydown of
Coast Guard Fast Response Cutters to assess Coast Guard mission
readiness and to identify areas of need for asset coverage.
SEC. 11210. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level
2 acquisition project or program, in addition to life-
cycle cost estimates developed under paragraph (1), the
Commandant shall require that--
``(A) life-cycle cost estimates developed
under paragraph (1) be updated before--
``(i) each milestone decision is
concluded; and
``(ii) the project or program enters
a new acquisition phase; and
``(B) an independent cost estimate or
independent cost assessment, as appropriate, be
developed to validate life-cycle cost estimates
developed under paragraph (1).''.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended to
read as follows:
``Sec. 914. Disposition of infrastructure related to E-LORAN
``(a) In General.--Notwithstanding any other provision of
law, the Commandant may dismantle or dispose of any real or
personal property under the administrative control of the Coast
Guard and used for the LORAN-C system.
``(b) Restriction.--No action described in subsection (a) may
be taken unless and until--
``(1) the Commandant notifies the Secretary of
Transportation and the Secretary of Defense in writing
of the proposed dismantling or disposal of a LORAN-C
system; and
``(2) a period of 90 calendar days expires following
the day on which the notice has been submitted.
``(c) Receipt of Notification.--If, not later than 90
calendar days of receipt of the written notification under
subsection (b), the Secretary of Transportation or the
Secretary of Defense notifies the Commandant, in writing, of a
determination under section 312(d) of title 49 that the
property is required to provide a positioning, navigation, and
timing system to provide redundant capability in the event the
Global Positioning System signals are disrupted, the Commandant
shall transfer the property to the Department of Transportation
without any consideration.
``(d) Notification Expiration.--If, at the end of the 90
calendar day period no notification under subsection (b) has
been received, the Commandant shall notify the Committee on
Transportation and Infrastructure and the Committee on
Appropriations in the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate that the period in
subsection (b)(2) has expired, and may proceed with the
dismantling and disposal of the personal property, and
disposing of the real property in accordance with section 2945
of this title.
``(e) Exception.--The prohibition on actions in subsection
(b) does not apply to actions necessary for the safety of human
life.''.
Subtitle B--Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Comptroller General of the United States shall
submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a report on
Coast Guard icebreaking in the Great Lakes.
(B) Elements.--The report required under
subparagraph (A) shall evaluate--
(i) the economic impact of vessel
delays or cancellations associated with
ice coverage on the Great Lakes;
(ii) mission needs of the Coast Guard
Great Lakes icebreaking program;
(iii) the impact that the proposed
standards described in paragraph (2)
would have on--
(I) Coast Guard operations in
the Great Lakes;
(II) Northeast icebreaking
missions; and
(III) inland waterway
operations;
(iv) a fleet mix analysis for meeting
such proposed standards;
(v) a description of the resources
necessary to support the fleet mix
resulting from such fleet mix analysis,
including billets for crew and
operating costs; and
(vi) recommendations to the
Commandant for Improvements to the
Great Lakes icebreaking program,
including with respect to facilitating
commerce and meeting all Coast Guard
mission needs.
(2) Proposed standards for icebreaking operations.--
The proposed standards described in this subsection are
the following:
(A) Except as provided in subparagraph (B),
the Commandant shall keep ice-covered waterways
in the Great Lakes open to navigation during
not less than 90 percent of the hours that
commercial vessels and ferries attempt to
transit such ice-covered waterways.
(B) In a year in which the Great Lakes are
not open to navigation, because of ice of a
thickness that occurs on average only once
every 10 years, the Commandant shall keep ice-
covered waterways in the Great Lakes open to
navigation during not less than 70 percent of
the hours that commercial vessels and ferries
attempt to transit such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days
after the date on which the Comptroller General submits
the report under paragraph (1), the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of
any recommendation made by the Comptroller
General under paragraph (1)(B)(ii) that the
Commandant considers appropriate.
(B) With respect to any recommendation made
under such paragraph that the Commandant
declines to implement and a justification for
such decision.
(C) A review of, and a proposed
implementation plan for, the results of the
fleet mix analysis under paragraph (1)(B)(iv).
(D) Any proposed modifications to the
standards for icebreaking operations in the
Great Lakes.
(b) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial
vessel'' means any privately owned cargo vessel
operating in the Great Lakes during the winter season
of at least 500 tons, as measured under section 14502
of title 46, or an alternate tonnage measured under
section 14302 of such title, as prescribed by the
Secretary under section 14104 of such title.
(2) Great lakes.--The term ``Great Lakes'' means the
United States waters of Lake Superior, Lake Michigan,
Lake Huron (including Lake St. Clair), Lake Erie, and
Lake Ontario, their connecting waterways, and their
adjacent harbors, and the connecting channels
(including the following rivers and tributaries of such
rivers: Saint Mary's River, Saint Clair River, Detroit
River, Niagara River, Illinois River, Chicago River,
Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo
River, and Saint Lawrence River to the Canadian
border).
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in
which commercial vessels or ferries operate that is 70
percent or greater covered by ice, but does not include
any waters adjacent to piers or docks for which
commercial icebreaking services are available and
adequate for the ice conditions.
(4) Open to navigation.--The term ``open to
navigation'' means navigable to the extent necessary,
in no particular order of priority, to meet the
reasonable demands of commerce, minimize delays to
passenger ferries, extricate vessels and individuals
from danger, prevent damage due to flooding, and
conduct other Coast Guard missions (as required).
(5) Reasonable demands of commerce.--The term
``reasonable demands of commerce'' means the safe
movement of commercial vessels and ferries transiting
ice-covered waterways in the Great Lakes, regardless of
type of cargo, at a speed consistent with the design
capability of Coast Guard icebreakers operating in the
Great Lakes and appropriate to the ice capability of
the commercial vessel.
SEC. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain
a database for collecting, archiving, and disseminating data on
icebreaking operations and commercial vessel and ferry transit
in the Great Lakes during ice season.
(b) Elements.--The database required under subsection (a)
shall include the following:
(1) Attempts by commercial vessels and ferries to
transit ice-covered waterways in the Great Lakes that
are unsuccessful because of inadequate icebreaking.
(2) The period of time that each commercial vessel or
ferry was unsuccessful at transit described in
paragraph (1) due to inadequate icebreaking.
(3) The amount of time elapsed before each such
commercial vessel or ferry was successfully broken out
of the ice and whether it was accomplished by the Coast
Guard or by commercial icebreaking assets.
(4) Relevant communications of each such commercial
vessel or ferry with the Coast Guard and with
commercial icebreaking services during such period.
(5) A description of any mitigating circumstance,
such as Coast Guard icebreaker diversions to higher
priority missions, that may have contributed to the
amount of time described in paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of
commercial vessels or ferries under this section shall be
voluntary.
(d) Public Availability.--The Commandant shall make the
database available to the public on a publicly accessible
website of the Coast Guard.
(e) Consultation With Industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the database required under subsection (a), the
Commandant shall consult operators of commercial vessels and
ferries.
(f) Public Report.--Not later than July 1 after the first
winter in which the Commandant is subject to the requirements
of section 564 of title 14, United States Code, the Commandant
shall publish on a publicly accessible website of the Coast
Guard a report on the cost to the Coast Guard of meeting the
requirements of such section.
(g) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial
vessel'' means any privately owned cargo vessel
operating in the Great Lakes during the winter season
of at least 500 tons, as measured under section 14502
of title 46, United States Code, or an alternate
tonnage measured under section 14302 of such title, as
prescribed by the Secretary under section 14104 of such
title.
(2) Great lakes.--The term ``Great Lakes'' means the
United States waters of Lake Superior, Lake Michigan,
Lake Huron (including Lake St. Clair), Lake Erie, and
Lake Ontario, their connecting waterways, and their
adjacent harbors, and the connecting channels
(including the following rivers and tributaries of such
rivers: Saint Mary's River, Saint Clair River, Detroit
River, Niagara River, Illinois River, Chicago River,
Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo
River, and Saint Lawrence River to the Canadian
border).
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in
which commercial vessels or ferries operate that is 70
percent or greater covered by ice, but does not include
any waters adjacent to piers or docks for which
commercial icebreaking services are available and
adequate for the ice conditions.
(4) Open to navigation.--The term ``open to
navigation'' means navigable to the extent necessary
to--
(A) extricate vessels and individuals from
danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as
required.
(5) Reasonable demands of commerce.--The term
``reasonable demands of commerce'' means the safe
movement of commercial vessels and ferries transiting
ice-covered waterways in the Great Lakes, regardless of
type of cargo, at a speed consistent with the design
capability of Coast Guard icebreakers operating in the
Great Lakes and appropriate to the ice capability of
the commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (14 U.S.C. 313 note) is amended to
read as follows:
``(d) Definition.--In this section, the term `Great Lakes'
means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the
following rivers and tributaries of such rivers: Saint
Mary's River, Saint Clair River, Detroit River, Niagara
River, Illinois River, Chicago River, Fox River, Grand
River, St. Joseph River, St. Louis River, Menominee
River, Muskegon River, Kalamazoo River, and Saint
Lawrence River to the Canadian border).''.
SEC. 11215. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to
expand snowmobile procurement for Coast Guard units for which
snowmobiles may improve ice rescue response times while
maintaining the safety of Coast Guard personnel engaged in ice
search and rescue. The plan shall include consideration of
input from Officers in Charge, commanding officers, and
commanders of such units.
(b) Elements.--The plan required under subsection (a) shall
include--
(1) a consideration of input from Officers in Charge,
commanding officers, and commanders of Coast Guard
units described in subsection (a);
(2) a detailed description of the estimated costs of
procuring, maintaining, and training members of the
Coast Guard at such units to use snowmobiles; and
(3) an assessment of--
(A) the degree to which snowmobiles may
improve ice rescue response times while
maintaining the safety of Coast Guard personnel
engaged in ice search and rescue;
(B) the operational capabilities of a
snowmobile, as compared to an airboat, and a
force laydown assessment with respect to the
assets needed for effective operations at Coast
Guard units conducting ice search and rescue
activities; and
(C) the potential risks to members of the
Coast Guard and members of the public posed by
the use of snowmobiles by members of the Coast
Guard for ice search and rescue activities.
(c) Public Availability.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall finalize
the plan required under subsection (a) and make the plan
available on a publicly accessible website of the Coast Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by
inserting ``or a Great Lakes barge'' after ``seagoing
barge''; and
(2) by striking ``section 3301(6) of this title'' and
inserting ``paragraph (6) or (13) of section 3301 of
this title''.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET
MISSION DEMANDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on--
(1) the force laydown of Coast Guard aviation assets;
and
(2) any geographic gaps in coverage by Coast Guard
assets in areas in which the Coast Guard has search and
rescue responsibilities.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) The distance, time, and weather challenges that
MH-65 and MH-60 units may face in reaching the
outermost limits of the area of operation of Coast
Guard District 8 and Coast Guard District 9 for which
such units are responsible.
(2) An assessment of the advantages that Coast Guard
fixed-wing assets, or an alternate rotary wing asset,
would offer to the outermost limits of any area of
operation for purposes of search and rescue, law
enforcement, ice operations, and logistical missions.
(3) A comparison of advantages and disadvantages of
the manner in which each of the Coast Guard fixed-wing
aircraft would operate in the outermost limits of any
area of operation.
(4) A specific assessment of the coverage gaps,
including gaps in fixed-wing coverage, and potential
solutions to address such gaps in the area of operation
of Coast Guard District 8 and Coast Guard District 9,
including the eastern region of such area of operation
with regard to Coast Guard District 9 and the southern
region of such area of operation with regard to Coast
Guard District 8.
Subtitle C--Arctic
SEC. 11218. ESTABLISHMENT OF MEDIUM ICEBREAKER PROGRAM OFFICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
heads of the other Federal agencies as appropriate, shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report to establish a fleet mix analysis with
respect to polar icebreakers and icebreaking tugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a full fleet mix of heavy and medium icebreaker
and 140-foot icebreaking tug replacements, including
cost and timelines for the acquisition of such vessels;
(2) a revised time table showing the construction,
commissioning, and acceptance of planned Polar Security
Cutters 1 through 3, as of the date of report;
(3) a comparison and alternatives analysis of the
costs and timeline of constructing 2 Polar Security
Cutters beyond the construction of 3 such vessels
rather than constructing 3 Arctic Security Cutters,
including the cost of planning, design, and engineering
of a new class of ships, which shall include the
increased costs resulting from the delays in building a
new class of cutters rather than building 2 additional
cutters from an ongoing production line;
(4) the operational benefits, limitations, and risks
of a common hull design for polar icebreaking cutters
for operation in the polar regions;
(5) the operational benefits, limitations, and risks
of a common hull design for icebreaking tugs for
operation in the Northeastern United States; and
(6) the cost and timetable for replacing the Coast
Guard Cutter Healy (WAGB 20) as--
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) other platform as determined by the
Commandant.
(c) Quarterly Briefings.--As part of quarterly acquisition
briefings provided by the Commandant to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, the Commandant shall include an update on the
status of--
(1) all acquisition activities related to the Polar
Security Cutter;
(2) the performance of the entity which the Coast
Guard has contracted with for detailed design and
construction of the Polar Security Cutter; and
(3) the requirements for the planning, detailed
design, engineering, and construction of the--
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) Limitation.--The report required to be submitted under
subsection (a) shall not include an analysis of the Great Lakes
Icebreaker authorized under section 11104.
(e) Establishment of the Arctic Security Cutter Program
Office.--
(1) Determination.--Not later than 90 days after the
submission of the report under subsection (a), the
Commandant shall determine if constructing additional
Polar Security Cutters is more cost effective and
efficient than constructing 3 Arctic Security Cutters.
(2) Establishment.--If the Commandant determines
under paragraph (1) that it is more cost effective to
build 3 Arctic Security Cutters than to build
additional Polar Security Cutters or if the Commandant
fails to make a determination under paragraph (1) by
June 1, 2024, the Commandant shall establish a program
office for the acquisition of the Arctic Security
Cutter not later than January 1, 2025.
(3) Requirements and design phase.--Not later than
270 days after the date on which the Commandant
establishes a program office under paragraph (2), the
Commandant shall complete the evaluation of
requirements for the Arctic Security Cutter and
initiate the design phase of the Arctic Security Cutter
vessel class.
(f) Quarterly Briefings.--Not less frequently than quarterly
until the date on which a contract for acquisition of the
Arctic Security Cutter is awarded under chapter 11 of title 14,
United States Code, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the status of
requirements evaluations, design of the vessel, and schedule of
the program.
SEC. 11219. ARCTIC ACTIVITIES.
(a) Arctic Operational Implementation Report.--Not later than
1 year after the date of enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress a report
that describes the ability and timeline to conduct a transit of
the Northern Sea Route and periodic transits of the Northwest
Passage.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning
given such term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on the Arctic operations and
infrastructure of the Coast Guard.
(b) Elements.--The study required under subsection (a) shall
assess the following:
(1) The extent of the collaboration between the Coast
Guard and the Department of Defense to assess, manage,
and mitigate security risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks
to Coast Guard operations, infrastructure, and
workforce planning in the Arctic.
(3) The plans the Coast Guard has in place for
managing and mitigating the risks to commercial
maritime operations and the environment in the Arctic
region.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Actual Use and Occupancy Reports.--Not later than 90 days
after enactment of this Act, and quarterly thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing--
(1) the degree to which Coast Guard personnel and
equipment are deployed to St. Paul Island, Alaska, in
actual occupancy of the facilities, as required under
section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120); and
(2) the status of the activities described in
subsections (c) and (d) until such activities have been
completed.
(b) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed
Coast Guard aircraft if such hanger was previously
under lease by the Coast Guard for purposes of housing
such aircraft; and
(2) enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs
necessary to support the deployment of such aircraft
and the cost of such repairs may be offset under the
terms of the lease.
(c) Fuel Tank.--
(1) In general.--Not later than 30 days after the
date of enactment of this Act, the Commandant shall
notify the Alaska Native Village Corporation for St.
Paul Island, Alaska of the availability of any fuel
tank--
(A) which is located on property on St. Paul
Island, Alaska, which is leased by the Coast
Guard for the purpose of housing such a fuel
tank; and
(B) for which the Commandant has determined
that the Coast Guard no longer has an
operational need.
(2) Transfer.--If not later than 30 days after a
notification under subsection (a), the Alaska Native
Village Corporation for St. Paul Island, Alaska
requests that the ownership of the tank be transferred
to such corporation then the Commandant shall--
(A) after conducting any necessary
environmental remediation pursuant to the lease
referred to in paragraph (1)(A), transfer
ownership of such fuel tank to such
corporation; and
(B) upon the date of such transfer, terminate
the lease referred to in paragraph (1)(A).
(d) Savings Clause.--Nothing in this section shall be
construed to limit any rights of the Alaska Native Village
Corporation for St. Paul to receive conveyance of all or part
of the lands and improvements related to Tract 43 under the
same terms and conditions as prescribed in section 524 of the
Pribilof Island Transition Completion Act of 2016 (Public Law
114-120).
SEC. 11222. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of enactment of this
Act, the Commandant, in consultation with the Comptroller
General of the United States, shall submit to Congress a report
that analyzes the shipyards of Finland and Sweden to assess
future opportunities for technical assistance related to
engineering to aid the Coast Guard in fulfilling its future
mission needs.
SEC. 11223. ACQUISITION OF ICEBREAKER.
(a) In General.--The Commandant may acquire or procure 1
United States built available icebreaker.
(b) Exemptions From Requirements.--
(1) In general.--Sections 1131, 1132(a)(2), 1132(c),
1133, and 1171 of title 14, United States Code, shall
not apply to an acquisition or procurement under
subsection (a).
(2) Additional exceptions.--Paragraphs (1), (3), (4),
and (5) of subsection (a) and subsections (b), (d), and
(e) of section 1132 of title 14, United States Code,
shall apply to an acquisition or procurement under
subsection (a) until the first phase of the initial
acquisition or procurement is complete and initial
operating capacity is achieved.
(c) Science Mission Requirements.--For any available
icebreaker acquired or procured under subsection (a), the
Commandant shall ensure scientific research capacity comparable
to the Coast Guard Cutter Healy (WAGB 20), for the purposes of
hydrographic, bathymetric, oceanographic, weather, atmospheric,
climate, fisheries, marine mammals, genetic and other data
related to the Arctic, and other research as the Under
Secretary determines appropriate.
(d) Operations and Agreements.--
(1) Coast guard.--With respect to any available
icebreaker acquired or procured under subsection (a),
the Secretary shall be responsible for any acquisition,
retrofitting, operation, and maintenance costs
necessary to achieve full operational capability,
including testing, installation, and acquisition,
including for the suite of hull-mounted, ship-provided
scientific instrumentation and equipment for data
collection.
(2) National oceanic and atmospheric
administration.--The Under Secretary shall not be
responsible for the costs of retrofitting any available
icebreaker acquired or procured under subsection (a),
including costs relating to--
(A) vessel maintenance, construction,
operations, and crewing other than the science
party; and
(B) making such icebreaker capable of
conducting the research described in subsection
(c), including design, procurement of
laboratory space and equipment, and
modification of living quarters.
(3) Responsibility of under secretary.--The Under
Secretary shall be responsible for costs related to--
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment
that augment such icebreaker beyond full
operational capacity as determined by the Under
Secretary and Commandant.
(4) Memorandum of agreement.--The Commandant and the
Under Secretary shall enter into a memorandum of
agreement to facilitate science activities, data
collection, and other procedures necessary to meet the
requirements of this section.
(e) Restriction and Briefing.--Not later than 60 days after
the date of enactment of this Act, the Commandant shall brief
the appropriate congressional committees with respect to
available icebreaker acquired or procured under subsection (a)
on--
(1) a proposed concept of operations of such
icebreaker;
(2) a detailed cost estimate for such icebreaker,
including estimated costs for acquisition,
modification, shoreside infrastructure, crewing, and
maintaining such an icebreaker by year for the
estimated service life of such icebreaker; and
(3) the expected capabilities of such icebreaker as
compared to the capabilities of a fully operational
Coast Guard built Polar Security Cutter for each year
in which such an icebreaker is anticipated to serve in
lieu of such a cutter and the projected annual costs to
achieve such anticipated capabilities.
(f) Interim Report.--Not later than 30 days after the date of
enactment of this Act, and not later than every 90 days
thereafter until any available icebreaker acquired or procured
under subsection (a) has reached full operational capability,
the Commandant shall provide to the appropriate Committees of
Congress an interim report of the status and progress of all
elements under subsection (d).
(g) Rule of Construction.--Nothing in this section shall
effect acquisitions of vessels by the Under Secretary.
(h) Savings Clause.--
(1) In general.--Any operations necessary for the
saving of life or property at sea, response to
environmental pollution, national security, defense
readiness, or other missions as determined by the
Commandant shall take priority over any scientific or
economic missions under subsection (c).
(2) Augmentation.--Any available icebreaker acquired
or procured under subsection (a) shall augment the
Coast Guard mission in the Arctic, including by
conducting operations and missions that are in addition
to missions conducted by the Coast Guard Cutter Healy
(WAGB 20) in the region.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations
of the Senate.
(2) Arctic.--The term ``Arctic'' has the meaning
given such term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
(3) Available icebreaker.--The term ``available
icebreaker'' means a vessel that--
(A) is capable of--
(i) supplementing United States Coast
Guard polar icebreaking capabilities in
the Arctic region of the United States;
(ii) projecting United States
sovereignty;
(iii) ensuring a continuous
operational capability in the Arctic
region of the United States;
(iv) carrying out the primary duty of
the Coast Guard described in section
103(7) of title 14, United States Code;
and
(v) collecting hydrographic,
environmental, and climate data; and
(B) is documented with a coastwise
endorsement under chapter 121 of title 46,
United States Code.
(4) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere.
(j) Sunset.--The authority under subsections (a) through (c)
shall expire on the date that is 3 years after the date of
enactment of this Act.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 11224. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident''
means an occurrence that actually or imminently
jeopardizes, without lawful authority, the integrity,
confidentiality, or availability of information on an
information system, or actually or imminently
jeopardizes, without lawful authority, an information
system.
(2) Maritime operators.--The term ``maritime
operators'' means the owners or operators of vessels
engaged in commercial service, the owners or operators
of facilities, and port authorities.
(3) Facilities.--The term ``facilities'' has the
meaning given the term ``facility'' in section 70101 of
title 46, United States Code.
(b) Public Availability of Cybersecurity Tools and
Resources.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Commandant, in
coordination with the Administrator of the Maritime
Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the
National Institute of Standards and Technology, shall
identify and make available to the public a list of
tools and resources, including the resources of the
Coast Guard and the Cybersecurity and Infrastructure
Security Agency, designed to assist maritime operators
in identifying, detecting, protecting against,
mitigating, responding to, and recovering from cyber
incidents.
(2) Identification.--In carrying out paragraph (1),
the Commandant, the Administrator of the Maritime
Administration, the Director of the Cybersecurity and
Infrastructure Security Agency, and the Director of the
National Institute of Standards and Technology shall
identify tools and resources that--
(A) comply with the cybersecurity framework
for improving critical infrastructure
established by the National Institute of
Standards and Technology; or
(B) use the guidelines on maritime cyber risk
management issued by the International Maritime
Organization on July 5, 2017 (or successor
guidelines).
(3) Consultation.--The Commandant, the Administrator
of the Maritime Administration, the Director of the
Cybersecurity and Infrastructure Security Agency, and
the Director of the National Institute of Standards and
Technology may consult with maritime operators, other
Federal agencies, industry stakeholders, and
cybersecurity experts to identify tools and resources
for purposes of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS
CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code,
is amended to read as follows:
``Sec. 319. Unmanned system program and autonomous control and computer
vision technology project
``(a) Unmanned System Program.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
establish, under the control of the Commandant, an unmanned
system program for the use by the Coast Guard of land-based,
cutter-based, and aircraft-based unmanned systems for the
purpose of increasing effectiveness and efficiency of mission
execution.
``(b) Autonomous Control and Computer Vision Technology
Project.--
``(1) In general.--The Commandant shall conduct a
project to retrofit 2 or more existing Coast Guard
small boats deployed at operational units with--
``(A) commercially available autonomous
control and computer vision technology; and
``(B) such sensors and methods of
communication as are necessary to control, and
technology to assist in conducting, search and
rescue, surveillance, and interdiction
missions.
``(2) Data collection.--As part of the project
required under paragraph (1), the Commandant shall
collect and evaluate field-collected operational data
from the retrofit described in such paragraph to inform
future requirements.
``(3) Briefing.--Not later than 180 days after the
date on which the project required under paragraph (1)
is completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
briefing on the project that includes an evaluation of
the data collected from the project.
``(c) Unmanned System Defined.--In this section, the term
`unmanned system' means--
``(1) an unmanned aircraft system (as such term is
defined in section 44801 of title 49);
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title
14, United States Code, is amended by striking the item
relating to section 319 and inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
(c) Submission to Congress.--Not later than 180 days after
the date of enactment of this Act, the Commandant shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed
description of the strategy of the Coast Guard to implement
unmanned systems across mission areas, including--
(1) the steps taken to implement actions recommended
in the consensus study report of the National Academies
of Sciences, Engineering, and Medicine titled
``Leveraging Unmanned Systems for Coast Guard Missions:
A Strategic Imperative'', published on November 12,
2020;
(2) the strategic goals and acquisition strategies
for proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation
for procurement of unmanned systems and services for
the Coast Guard, including defining opportunities for
new and existing technologies; and
(4) an estimate of the timeline, costs, staff
resources, technology, or other resources necessary to
accomplish the strategy.
(d) Cost Assessment.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall provide to
Congress an estimate of the costs associated with implementing
the amendments made by this section.
SEC. 11226. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Coordination of Data and Artificial Intelligence
Activities Relating to Identifying, Demonstrating, and Where
Appropriate Transitioning to Operational Use.--
(1) In general.--The Commandant shall coordinate data
and artificial intelligence activities relating to
identifying, demonstrating and where appropriate
transitioning to operational use of artificial
intelligence technologies when such technologies
enhance mission capability or performance.
(2) Emphasis.--The set of activities established
under paragraph (1) shall--
(A) apply data analytics, artificial
intelligence, and machine-learning solutions to
operational and mission-support problems; and
(B) coordinate activities involving
artificial intelligence and artificial
intelligence-enabled capabilities within the
Coast Guard.
(b) Designated Official.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Commandant shall
designate a senior official of the Coast Guard
(referred to in this section as the ``designated
official'') with the principal responsibility for the
coordination of data and artificial intelligence
activities relating to identifying, demonstrating, and,
where appropriate, transitioning to operational use
artificial intelligence and machine learning for the
Coast Guard.
(2) Governance and oversight of artificial
intelligence and machine learning policy.--The
designated official shall regularly convene appropriate
officials of the Coast Guard--
(A) to integrate the functional activities of
the Coast Guard with respect to data,
artificial intelligence, and machine learning;
(B) to ensure that there are efficient and
effective data, artificial intelligence, and
machine-learning capabilities throughout the
Coast Guard, where appropriate; and
(C) to develop and continuously improve
research, innovation, policy, joint processes,
and procedures to facilitate the coordination
of data and artificial intelligence activities
relating to identification, demonstration, and,
where appropriate, transition into operational
use artificial intelligence and machine
learning throughout the Coast Guard.
(c) Strategic Plan.--
(1) In general.--The designated official shall
develop a strategic plan to coordinate activities
relating to identifying, demonstrating, and
transitioning artificial intelligence technologies into
operational use where appropriate.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) A strategic roadmap for the coordination
of data and artificial intelligence activities
for the identification, demonstration, and
transition to operational use, where
appropriate, artificial intelligence
technologies and key enabling capabilities.
(B) The continuous identification,
evaluation, and adaptation of relevant
artificial intelligence capabilities adopted by
the Coast Guard and developed and adopted by
other organizations for military missions and
business operations.
(C) Consideration of the identification,
adoption, and procurement of artificial
intelligence technologies for use in
operational and mission support activities.
(3) Submission to commandant.--Not later than 2 years
after the date of enactment of this Act, the designated
official shall submit to the Commandant the plan
developed under paragraph (1).
(4) Submission to congress.--Not later than 2 years
after the date of enactment of this Act, the Commandant
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the plan developed under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms,
processes, and operations of the Coast Guard;
(2) identify the resources necessary to improve the
use of artificial intelligence and digital technology
in such platforms, processes, and operations; and
(3) establish performance objectives and accompanying
metrics for the incorporation of artificial
intelligence and digital readiness into such platforms,
processes, and operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Commandant shall--
(A) conduct a comprehensive review and
assessment of--
(i) skill gaps in the fields of
software development, software
engineering, data science, and
artificial intelligence;
(ii) the qualifications of civilian
personnel needed for both management
and specialist tracks in such fields;
and
(iii) the qualifications of military
personnel (officer and enlisted) needed
for both management and specialist
tracks in such fields; and
(B) establish recruiting, training, and
talent management performance objectives and
accompanying metrics for achieving and
maintaining staffing levels needed to fill
identified gaps and meet the needs of the Coast
Guard for skilled personnel.
(2) AI modernization activities.--In carrying out
subsection (a), the Commandant shall--
(A) assess investment by the Coast Guard in
artificial intelligence innovation, science and
technology, and research and development;
(B) assess investment by the Coast Guard in
test and evaluation of artificial intelligence
capabilities;
(C) assess the integration of, and the
resources necessary to better use artificial
intelligence in wargames, exercises, and
experimentation;
(D) assess the application of, and the
resources necessary to better use, artificial
intelligence in logistics and sustainment
systems;
(E) assess the integration of, and the
resources necessary to better use, artificial
intelligence for administrative functions;
(F) establish performance objectives and
accompanying metrics for artificial
intelligence modernization activities of the
Coast Guard; and
(G) identify the resources necessary to
effectively use artificial intelligence to
carry out the missions of the Coast Guard.
(c) Report to Congress.--Not later than 180 days after the
completion of the review required under subsection (a)(1), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives a report on--
(1) the findings of the Commandant with respect to
such review and any action taken or proposed to be
taken by the Commandant, and the resources necessary to
address such findings;
(2) the performance objectives and accompanying
metrics established under subsections (a)(3) and
(b)(1)(B); and
(3) any recommendation with respect to proposals for
legislative change necessary to successfully implement
artificial intelligence applications within the Coast
Guard.
SEC. 11228. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency shall--
(1) develop policies, processes, and operating
procedures governing--
(A) access to and the ingestion, structure,
storage, and analysis of information and data
relevant to the Coast Guard Cyber Mission,
including--
(i) intelligence data relevant to
Coast Guard missions;
(ii) internet traffic, topology, and
activity data relevant to such
missions; and
(iii) cyber threat information
relevant to such missions; and
(B) data management and analytic platforms
relating to such missions; and
(2) evaluate data management platforms referred to in
paragraph (1)(B) to ensure that such platforms operate
consistently with the Coast Guard Data Strategy.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives a report that includes--
(1) an assessment of the progress on the activities
required by subsection (a); and
(2) any recommendation with respect to funding or
additional authorities necessary, including proposals
for legislative change, to improve Coast Guard cyber
data management.
SEC. 11229. DATA MANAGEMENT.
Section 504(a) of title 14, United States Code, is amended--
(1) in paragraph (24) by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (25) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) develop data workflows and processes for the
leveraging of mission-relevant data by the Coast Guard
to enhance operational effectiveness and efficiency.''.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on cyber threats to the United
States marine transportation system.
(b) Elements.--The study required under paragraph (1) shall
assess the following:
(1) The extent to which the Coast Guard, in
collaboration with other Federal agencies, sets
standards for the cybersecurity of facilities and
vessels regulated under part 104, 105, or 106 of title
33, Code of Federal Regulations, as in effect on the
date of enactment of this Act.
(2) The manner in which the Coast Guard ensures
cybersecurity standards are followed by port, vessel,
and facility owners and operators.
(3) The extent to which maritime sector-specific
planning addresses cybersecurity, particularly for
vessels and offshore platforms.
(4) The manner in which the Coast Guard, other
Federal agencies, and vessel and offshore platform
operators exchange information regarding cyber risks.
(5) The extent to which the Coast Guard is developing
and deploying cybersecurity specialists in port and
vessel systems and collaborating with the private
sector to increase the expertise of the Coast Guard
with respect to cybersecurity.
(6) The cyber resource and workforce needs of the
Coast Guard necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Facility Defined.--In this section, the term ``facility''
has the meaning given the term in section 70101 of title 46,
United States Code.
Subtitle E--Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM
AUTHORIZATION AND ELIGIBLE RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 509. Space-available travel on Coast Guard aircraft
``(a) Establishment.--
``(1) In general.--The Commandant may establish a
program to provide transportation on Coast Guard
aircraft on a space-available basis to the categories
of eligible individuals described in subsection (c) (in
this section referred to as the `program').
``(2) Policy development.--Not later than 1 year
after the date on which the program is established, the
Commandant shall develop a policy for the operation of
the program.
``(b) Operation of Program.--
``(1) In general.--The Commandant shall operate the
program in a budget-neutral manner.
``(2) Limitations.--
``(A) In general.--Except as provided in
subparagraph (B), no additional funds may be
used, or flight hours performed, for the
purpose of providing transportation under the
program.
``(B) De minimis expenditures.--The
Commandant may make de minimis expenditures of
resources required for the administrative
aspects of the program.
``(3) Reimbursement not required.--Eligible
individuals described in subsection (c) shall not be
required to reimburse the Coast Guard for travel
provided under this section.
``(c) Categories of Eligible Individuals.--Subject to
subsection (d), the categories of eligible individuals
described in this subsection are the following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a
valid Uniformed Services Identification and Privilege
Card.
``(3) Retired members of a regular or reserve
component of the armed forces, including retired
members of reserve components who, but for being under
the eligibility age applicable under section 12731 of
title 10, would be eligible for retired pay under
chapter 1223 of title 10.
``(4) Subject to subsection (f), veterans with a
permanent service-connected disability rated as total.
``(5) Such categories of dependents of individuals
described in paragraphs (1) through (3) as the
Commandant shall specify in the policy under subsection
(a)(2), under such conditions and circumstances as the
Commandant shall specify in such policy.
``(6) Such other categories of individuals as the
Commandant considers appropriate.
``(d) Requirements.--In operating the program, the Commandant
shall--
``(1) in the sole discretion of the Commandant,
establish an order of priority for transportation for
categories of eligible individuals that is based on
considerations of military necessity, humanitarian
concerns, and enhancement of morale;
``(2) give priority in consideration of
transportation to the demands of members of the armed
forces in the regular components and in the reserve
components on active duty and to the need to provide
such members, and their dependents, a means of respite
from such demands; and
``(3) implement policies aimed at ensuring cost
control (as required under subsection (b)) and the
safety, security, and efficient processing of
travelers, including limiting the benefit under the
program to 1 or more categories of otherwise eligible
individuals, as the Commandant considers necessary.
``(e) Transportation.--
``(1) In general.--Notwithstanding subsection (d)(1),
in establishing space-available transportation
priorities under the program, the Commandant shall
provide transportation for an individual described in
paragraph (2), and a single dependent of the individual
if needed to accompany the individual, at a priority
level in the same category as the priority level for an
unaccompanied dependent over the age of 18 years
traveling on environmental and morale leave.
``(2) Individuals covered.--Subject to paragraph (3),
paragraph (1) applies with respect to an individual
described in subsection (c)(3) who--
``(A) resides in or is located in a
Commonwealth or possession of the United
States; and
``(B) is referred by a military or civilian
primary care provider located in that
Commonwealth or possession to a specialty care
provider for services to be provided outside of
such Commonwealth or possession.
``(3) Application to certain retired individuals.--If
an individual described in subsection (c)(3) is a
retired member of a reserve component who is ineligible
for retired pay under chapter 1223 of title 10 by
reason of being under the eligibility age applicable
under section 12731 of title 10, paragraph (1) applies
to the individual only if the individual is also
enrolled in the TRICARE program for certain members of
the Retired Reserve authorized under section 1076e of
title 10.
``(4) Priority.--The priority for space-available
transportation required by this subsection applies with
respect to--
``(A) the travel from the Commonwealth or
possession of the United States to receive the
specialty care services; and
``(B) the return travel.
``(5) Primary care provider and specialty care
provider defined.--In this subsection, the terms
`primary care provider' and `specialty care provider'
refer to a medical or dental professional who provides
health care services under chapter 55 of title 10.
``(f) Limitations on Travel.--
``(1) In general.--Travel may not be provided under
this section to a veteran eligible for travel pursuant
to paragraph (4) of subsection (c) in priority over any
member eligible for travel under paragraph (1) of that
subsection or any dependent of such a member eligible
for travel under this section.
``(2) Rule of construction.--Subsection (c)(4) may
not be construed as--
``(A) affecting or in any way imposing on the
Coast Guard, any armed force, or any commercial
entity with which the Coast Guard or an armed
force contracts, an obligation or expectation
that the Coast Guard or such armed force will
retrofit or alter, in any way, military
aircraft or commercial aircraft, or related
equipment or facilities, used or leased by the
Coast Guard or such armed force to accommodate
passengers provided travel under such authority
on account of disability; or
``(B) preempting the authority of an aircraft
commander to determine who boards the aircraft
and any other matters in connection with safe
operation of the aircraft.
``(g) Application of Section.--The authority to provide
transportation under the program is in addition to any other
authority under law to provide transportation on Coast Guard
aircraft on a space-available basis.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 508 the following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 11232. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report on
facilities requirements for constructing a hangar at Coast
Guard Air Station Barbers Point at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the--
(A) $45,000,000 phase one design for the
hangar at Coast Guard Air Station Barbers Point
funded by the Consolidated Appropriations Act,
2021 (Public Law 116-260; 134 Stat. 1132); and
(B) phase two facility improvements
referenced in the U.S. Coast Guard Unfunded
Priority List for fiscal year 2023.
(2) An evaluation of the full facilities requirements
for such hangar and maintenance facility improvements
to house, maintain, and operate the MH-65 and HC-130J,
including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements
for possible future basing of the MH-60 with the C-130J
at Coast Guard Air Station Barbers Point.
(4) A description of and cost estimate for each
project phase for the construction of such hangar and
maintenance facility improvements.
(5) A description of the plan for sheltering in the
hangar during extreme weather events aircraft of the
Coast Guard and partner agencies, such as the National
Oceanic and Atmospheric Administration.
(6) A description of the risks posed to operations at
Coast Guard Air Station Barbers Point if future project
phases for the construction of such hangar are not
funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT
AND STRATEGY FOR COAST GUARD AVIATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall commence a study on the
operational availability of Coast Guard aircraft.
(2) Elements.--The study required under paragraph (1)
shall include the following:
(A) An assessment of--
(i) the extent to which the fixed-
wing and rotary-wing aircraft of the
Coast Guard have met annual operational
availability targets in recent years;
(ii) the challenges the Coast Guard
may face with respect to such aircraft
meeting operational availability
targets, and the effects of such
challenges on the ability of the Coast
Guard to meet mission requirements; and
(iii) the status of Coast Guard
efforts to upgrade or recapitalize its
fleet of such aircraft to meet growth
in future mission demands globally,
such as in the Western Hemisphere, the
Arctic region, and the Western Pacific
region.
(B) Any recommendation with respect to the
operational availability of Coast Guard
aircraft.
(C) The resource and workforce requirements
necessary for Coast Guard Aviation to meet
current and future mission demands specific to
each rotary-wing and fixed-wing airframe type
in the current inventory of the Coast Guard.
(3) Report.--On completion of the study required
under paragraph (1), the Comptroller General shall
submit to the Commandant a report on the findings of
the study.
(b) Coast Guard Aviation Strategy.--
(1) In general.--Not later than 180 days after the
date on which the study under subsection (a) is
completed, the Commandant shall develop a comprehensive
strategy for Coast Guard Aviation that is informed by
the relevant recommendations and findings of the study.
(2) Elements.--The strategy required under paragraph
(1) shall include the following:
(A) With respect to aircraft of the Coast
Guard--
(i) an analysis of--
(I) the current and future
operations and future resource
needs, including the potential
need for a second rotary wing
airframe to carry out cutter-
based operations and National
Capital Region air interdiction
mission; and
(II) the manner in which such
future needs are integrated
with the Future Vertical Lift
initiatives of the Department
of Defense; and
(ii) an estimated timeline with
respect to when such future needs will
arise.
(B) The projected number of aviation assets,
the locations at which such assets are to be
stationed, the cost of operation and
maintenance of such assets, and an assessment
of the capabilities of such assets as compared
to the missions they are expected to execute,
at the completion of major procurement and
modernization plans.
(C) A procurement plan, including an
estimated timetable and the estimated
appropriations necessary for all platforms,
including unmanned aircraft.
(D) A training plan for pilots and aircrew
that addresses--
(i) the use of simulators owned and
operated by the Coast Guard, and
simulators that are not owned or
operated by the Coast Guard, including
any such simulators based outside the
United States; and
(ii) the costs associated with
attending training courses.
(E) Current and future requirements for
cutter and land-based deployment of aviation
assets globally, including in the Arctic, the
Eastern Pacific, the Western Pacific, the
Caribbean, the Atlantic Basin, and any other
area the Commandant considers appropriate.
(F) A description of the feasibility of
deploying, and the resource requirements
necessary to deploy, rotary-winged assets
onboard all future Arctic cutter patrols.
(G) An evaluation of current and future
facilities needs for Coast Guard aviation
units.
(H) An evaluation of pilot and aircrew
training and retention needs, including
aviation career incentive pay, retention
bonuses, and any other workforce tools the
Commandant considers necessary.
(3) Briefing.--Not later than 180 days after the date
on which the strategy required under paragraph (1) is
completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
briefing on the strategy.
Subtitle F--Workforce Readiness
SEC. 11234. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by
adding at the end the following:
``(c) The Secretary may vary the authorized end strength of
the Coast Guard Selected Reserves for a fiscal year by a number
equal to not more than 3 percent of such end strength upon a
determination by the Secretary that varying such authorized end
strength is in the national interest.
``(d) The Commandant may increase the authorized end strength
of the Coast Guard Selected Reserves by a number equal to not
more than 2 percent of such authorized end strength upon a
determination by the Commandant that such increase would
enhance manning and readiness in essential units or in critical
specialties or ratings.''.
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code,
is amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in
a grade above grade O-2 to remain on active duty after the date
otherwise provided for the retirement of such officer in
section 2154 of this title, if the officer possesses a critical
skill, or specialty, or is in a career field designated
pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The
Commandant shall designate any critical skill, specialty, or
career field eligible for continuation on active duty as
provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on
active duty pursuant to this section shall, if not earlier
retired, be retired on the first day of the month after the
month in which the officer completes 40 years of active
service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used
in designating any critical skill, specialty, or career field
for purposes of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY
PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14,
United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion
list, excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each
subsequent fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph
(1), the Commandant may temporarily increase the total
number of commissioned officers permitted under such
paragraph by up to 4 percent for not more than 60 days
after the date of the commissioning of a Coast Guard
Academy class.
``(3) Notification.--Not later than 30 days after
exceeding the total number of commissioned officers
permitted under paragraphs (1) and (2), and each 30
days thereafter until the total number of commissioned
officers no longer exceeds the number of such officers
permitted under paragraphs (1) and (2), the Commandant
shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate of the number of officers on the active duty
promotion list on the last day of the preceding 30-day
period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the
President submits to Congress a budget pursuant to section 1105
of title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the number of Coast Guard officers
serving at other Federal entities on a reimbursable basis, and
the number of Coast Guard officers who are serving at other
Federal agencies on a non-reimbursable basis, but not on the
active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51
of title 14, United States Code, is amended by adding
at the end the following:
``5113. Officers not on active duty promotion list.''.
SEC. 11237. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty
Pay.--The Secretary may provide assignment pay or special duty
pay under section 352 of title 37, United States Code, to a
member of the Coast Guard serving in a prevention position and
assigned as a marine inspector or marine investigator pursuant
to section 312 of title 14, United States Code.
(b) Annual Briefing.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, and annually thereafter,
the Secretary shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a briefing on any uses of
the authority under subsection (a) during the preceding
year.
(2) Elements.--Each briefing required under paragraph
(1) shall include the following:
(A) The number of members of the Coast Guard
serving as marine inspectors or marine
investigators pursuant to section 312 of title
14, United States Code, who are receiving
assignment pay or special duty pay under
section 352 of title 37, United States Code.
(B) An assessment of the impact of the use of
the authority under this section on the
effectiveness and efficiency of the Coast Guard
in administering the laws and regulations for
the promotion of safety of life and property on
and under the high seas and waters subject to
the jurisdiction of the United States.
(C) An assessment of the effects of
assignment pay and special duty pay on
retention of marine inspectors and
investigators.
(D) If the authority provided in subsection
(a) is not exercised, a detailed justification
for not exercising such authority, including an
explanation of the efforts the Secretary is
taking to ensure that the Coast Guard workforce
contains an adequate number of qualified marine
inspectors.
(c) Study.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
coordination with the Director of the National
Institute for Occupational Safety and Health, shall
conduct a study on the health of marine inspectors and
marine investigators who have served as such inspectors
or investigators for a period of not less than 10
years.
(2) Elements.--The study required under paragraph (1)
shall include the following:
(A) An evaluation of--
(i) the daily vessel inspection
duties of marine inspectors and marine
investigators, including the
examination of internal cargo tanks and
voids and new construction activities;
(ii) major incidents to which marine
inspectors and marine investigators
have had to respond, and any other
significant incident, such as a vessel
casualty, that has resulted in the
exposure of marine inspectors and
marine investigators to hazardous
chemicals or substances; and
(iii) the types of hazardous
chemicals or substances to which marine
inspectors and marine investigators
have been exposed relative to the
effects such chemicals or substances
have had on marine inspectors and
marine investigators.
(B) A review and analysis of the current
Coast Guard health and safety monitoring
systems, and recommendations for improving such
systems, specifically with respect to the
exposure of members of the Coast Guard to
hazardous substances while carrying out
inspections and investigation duties.
(C) Any other element the Secretary considers
appropriate.
(3) Report.--Upon completion of the study required
under paragraph (1), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of the study and recommendations for
actions the Commandant should take to improve the
health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a)
shall terminate on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND
OFFICERS OF PARTICULAR MERIT FOR PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is
amended, in the second sentence, by inserting ``three times''
after ``may not exceed''.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States
Code, is amended to read as follows:
``Sec. 2772. Education loan repayment program for members on active
duty in specified military specialties
``(a) In General.--
``(1) Repayment.--Subject to the provisions of this
section, the Secretary may repay--
``(A) any loan made, insured, or
guaranteed under part B of title IV of
the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.);
``(B) any loan made under part D of
such title (the William D. Ford Federal
Direct Loan Program, 20 U.S.C. 1087a et
seq.);
``(C) any loan made under part E of
such title (20 U.S.C. 1087aa et seq.);
or
``(D) any loan incurred for
educational purposes made by a lender
that is--
``(i) an agency or
instrumentality of a State;
``(ii) a financial or credit
institution (including an
insurance company) that is
subject to examination and
supervision by an agency of the
United States or any State;
``(iii) a pension fund
approved by the Secretary for
purposes of this section; or
``(iv) a nonprofit private
entity designated by a State,
regulated by such State, and
approved by the Secretary for
purposes of this section.
``(2) Requirement.--Repayment of any such loan shall
be made on the basis of each complete year of service
performed by the borrower.
``(3) Eligibility.--The Secretary may repay loans
described in paragraph (1) in the case of any person
for service performed on active duty as a member in an
officer program or military specialty specified by the
Secretary.
``(b) Amount.--The portion or amount of a loan that may be
repaid under subsection (a) is 33\1/3\ percent or $1,500,
whichever is greater, for each year of service.
``(c) Interest Accrual.--If a portion of a loan is repaid
under this section for any year, interest on the remainder of
such loan shall accrue and be paid in the same manner as is
otherwise required.
``(d) Rule of Construction.--Nothing in this section shall be
construed to authorize refunding any repayment of a loan.
``(e) Fractional Credit for Transfer.--An individual who
transfers from service making the individual eligible for
repayment of loans under this section (as described in
subsection (a)(3)) to service making the individual eligible
for repayment of loans under section 16301 of title 10 (as
described in subsection (a)(2) or (g) of that section) during a
year shall be eligible to have repaid a portion of such loan
determined by giving appropriate fractional credit for each
portion of the year so served, in accordance with regulations
of the Secretary concerned.
``(f) Schedule for Allocation.--The Secretary shall prescribe
a schedule for the allocation of funds made available to carry
out the provisions of this section and section 16301 of title
10 during any year for which funds are not sufficient to pay
the sum of the amounts eligible for repayment under subsection
(a) and section 16301(a) of title 10.
``(g) Failure to Complete Period of Service.--Except an
individual described in subsection (e) who transfers to service
making the individual eligible for repayment of loans under
section 16301 of title 10, a member of the Coast Guard who
fails to complete the period of service required to qualify for
loan repayment under this section shall be subject to the
repayment provisions of section 303a(e) or 373 of title 37.
``(h) Authority to Issue Regulations.--The Secretary may
prescribe procedures for implementing this section, including
standards for qualified loans and authorized payees and other
terms and conditions for making loan repayments. Such
regulations may include exceptions that would allow for the
payment as a lump sum of any loan repayment due to a member
under a written agreement that existed at the time of a
member's death or disability.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title
14, United States Code, is amended by striking the item
relating to section 2772 and inserting the following:
``2772. Education loan repayment program for members on active duty in
specified military specialties.''.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as Vice
Commandant, after serving not less than 2 years as Vice
Commandant, shall be retired with the grade of admiral, except
as provided in section 306(d).''; and
(2) in subsection (c) by striking ``or Vice
Commandant'' and inserting ``or as an officer serving
as Vice Commandant who has served less than 2 years as
Vice Commandant''.
SEC. 11241. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND
DENIAL.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, and annually thereafter, the Commandant
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that evaluates resignation and
retirement processing timelines.
(b) Elements.--The report required under subsection (a) shall
include, for the preceding calendar year--
(1) statistics on the number of resignations,
retirements, and other separations that occurred;
(2) the processing time for each action described in
paragraph (1);
(3) the percentage of requests for such actions that
had a command endorsement;
(4) the percentage of requests for such actions that
did not have a command endorsement; and
(5) for each denial of a request for a command
endorsement and each failure to take action on such a
request, a detailed description of the rationale for
such denial or failure to take such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2515. Calculation of active service
``Any service described, including service described prior to
the date of enactment of the Don Young Coast Guard
Authorization Act of 2022, in writing, including by electronic
communication, by a representative of the Coast Guard Personnel
Service Center as service that counts toward total active
service for regular retirement under section 2152 or section
2306 shall be considered by the President as active service for
purposes of applying section 2152 or section 2306 with respect
to the determination of the retirement qualification for any
officer or enlisted member to whom a description was
provided.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2515 the following:
``2515. Calculation of active service.''.
(c) Rule of Construction.--The amendment made by subsection
(a)--
(1) shall only apply to officers of the Coast Guard
that entered active service after January 1, 1997,
temporarily separated for a period of time, and have
retired from the Coast Guard before January 1, 2024;
and
(2) shall not apply to any member of any other
uniformed service, or to any Coast Guard member
regarding active service of the member in any other
uniformed service.
SEC. 11243. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General
of the United States shall complete a study on the
Coast Guard Physical Disability Evaluation System and
medical retirement procedures.
(2) Elements.--In completing the study required under
paragraph (1), the Comptroller General shall review,
and provide recommendations to address, the following:
(A) Coast Guard compliance with all
applicable laws, regulations, and policies
relating to the Physical Disability Evaluation
System and the Medical Evaluation Board.
(B) Coast Guard compliance with timelines set
forth in--
(i) the instruction of the Commandant
entitled ``Physical Disability
Evaluation System'' issued on May 19,
2006 (COMDTNST M1850.2D); and
(ii) the Physical Disability
Evaluation System Transparency
Initiative (ALCGPSC 030/20).
(C) An evaluation of Coast Guard processes in
place to ensure the availability, consistency,
and effectiveness of counsel appointed by the
Coast Guard Office of the Judge Advocate
General to represent members of the Coast Guard
undergoing an evaluation under the Physical
Disability Evaluation System.
(D) The extent to which the Coast Guard has
and uses processes to ensure that such counsel
may perform the functions of such counsel in a
manner that is impartial, including being able
to perform such functions without undue
pressure or interference by the command of the
affected member of the Coast Guard, the
Personnel Service Center, and the Coast Guard
Office of the Judge Advocate General.
(E) The frequency, including the frequency
aggregated by member pay grade, with which
members of the Coast Guard seek private counsel
in lieu of counsel appointed by the Coast Guard
Office of the Judge Advocate General.
(F) The timeliness of determinations,
guidance, and access to medical evaluations
necessary for retirement or rating
determinations and overall well-being of the
affected member of the Coast Guard.
(G) The guidance, formal or otherwise,
provided by the Personnel Service Center and
the Coast Guard Office of the Judge Advocate
General, other than the counsel directly
representing affected members of the Coast
Guard, in communication with medical personnel
examining members.
(H) The guidance, formal or otherwise,
provided by the medical professionals reviewing
cases within the Physical Disability Evaluation
System to affected members of the Coast Guard,
and the extent to which such guidance is
disclosed to the commanders, commanding
officers, or other members of the Coast Guard
in the chain of command of such affected
members.
(I) The feasibility of establishing a program
to allow members of the Coast Guard to select
an expedited review to ensure completion of the
Medical Evaluation Board report not later than
180 days after the date on which such review
was initiated.
(b) Report.--The Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study conducted under subsection (a) and recommendations for
improving the Physical Disability Evaluation System process.
(c) Updated Policy Guidance.--
(1) In general.--Not later than 180 days after the
date on which the report under subsection (b) is
submitted, the Commandant shall issue updated policy
guidance in response to the findings and
recommendations contained in the report.
(2) Elements.--The updated policy guidance required
under paragraph (1) shall include the following:
(A) A requirement that a member of the Coast
Guard, or the counsel of such a member, shall
be informed of the contents of, and afforded
the option to be present for, any communication
between the member's command and the Personnel
Service Center, or other Coast Guard entity,
with respect to the duty status of the member.
(B) An exception to the requirement described
in subparagraph (A) that such a member, or the
counsel of the member, is not required to be
informed of the contents of such a
communication if it is demonstrated that there
is a legitimate health or safety need for the
member to be excluded from such communications,
supported by a medical opinion that such
exclusion is necessary for the health or safety
of the member, command, or any other
individual.
(C) An option to allow a member of the Coast
Guard to initiate an evaluation by a Medical
Evaluation Board if a Coast Guard healthcare
provider, or other military healthcare
provider, has raised a concern about the
ability of the member to continue serving in
the Coast Guard, in accordance with existing
medical and physical disability policy.
(D) An updated policy to remove the command
endorsement requirement for retirement or
separation unless absolutely necessary for the
benefit of the United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF
CERTAIN PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States
Code, is amended by striking paragraph (2) and inserting the
following:
``(2) Officers.--Each officer of the Coast Guard
shall undergo a multirater assessment before promotion
to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the
Coast Guard shall undergo a multirater assessment
before advancement to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--An individual assessed shall not be
permitted to select the peers and subordinates who
provide opinions for the multirater assessment of such
individual.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of
an individual pursuant to paragraphs (1)
through (3), the individual shall be provided
appropriate post-assessment counseling and
leadership coaching.
``(B) Availability of results.--The
supervisor of the individual assessed shall be
provided with the results of the multirater
assessment.''.
(b) Cost Assessment.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Commandant shall provide
to the appropriate committees of Congress an estimate
of the costs associated with implementing the amendment
made by subsection (a).
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on
Appropriations of the House of Representatives.
SEC. 11245. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title
14, United States Code, is amended--
(1) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of an eligible officer considered
for promotion to a rank above lieutenant, any credible
information of an adverse nature, including any
substantiated adverse finding or conclusion from an
officially documented investigation or inquiry and any
information placed in the personnel service record of
the officer under section 1745(a) of the National
Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 10 U.S.C. 1561 note), shall be furnished to
the selection board in accordance with standards and
procedures set out in the regulations prescribed by the
Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title
14, United States Code, is amended by inserting after
section 2120 the following:
``Sec. 2120a. Special selection review boards
``(a) In General.--(1) If the Secretary determines that a
person recommended by a promotion board for promotion to a
grade at or below the grade of rear admiral is the subject of
credible information of an adverse nature, including any
substantiated adverse finding or conclusion described in
section 2115(a)(3) of this title that was not furnished to the
promotion board during its consideration of the person for
promotion as otherwise required by such section, the Secretary
shall convene a special selection review board under this
section to review the person and recommend whether the
recommendation for promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special
selection review board convened under this section, the name of
the person--
``(A) shall not be disseminated or publicly released
on the list of officers recommended for promotion by
the promotion board recommending the promotion of the
person; and
``(B) shall not be forwarded to the President or the
Senate, as applicable, or included on a promotion list
under section 2121 of this title.
``(b) Convening.--(1) Any special selection review board
convened under this section shall be convened in accordance
with the provisions of section 2120(c) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations
for promotion of such persons, as the Secretary shall specify
in convening such special selection review board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the
person should be sustained under this section, a special
selection review board convened under this section shall be
furnished and consider the following:
``(A) The record and information concerning the
person furnished in accordance with section 2115 of
this title to the promotion board that recommended the
person for promotion.
``(B) Any credible information of an adverse nature
on the person, including any substantiated adverse
finding or conclusion from an officially documented
investigation or inquiry described in section
2115(a)(3) of this title.
``(2) The furnishing of information to a special selection
review board under paragraph (1)(B) shall be governed by the
standards and procedures referred to in section 2115 of this
title.
``(3)(A) Before information on a person described in
paragraph (1)(B) is furnished to a special selection review
board for purposes of this section, the Secretary shall ensure
that--
``(i) such information is made available to the
person; and
``(ii) subject to subparagraphs (C) and (D), the
person is afforded a reasonable opportunity to submit
comments on such information to the special selection
review board before its review of the person and the
recommendation for promotion of the person under this
section.
``(B) If information on a person described in paragraph
(1)(B) is not made available to the person as otherwise
required by subparagraph (A)(i) due to the classification
status of such information, the person shall, to the maximum
extent practicable, be furnished a summary of such information
appropriate to the person's authorization for access to
classified information.
``(C)(i) An opportunity to submit comments on information is
not required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the
person in connection with the furnishing of such
information under section 2115(a) of this title to the
promotion board that recommended the promotion of the
person subject to review under this section; and
``(II) the person submitted comments on such
information to that promotion board.
``(ii) The comments on information of a person described in
clause (i)(II) shall be furnished to the special selection
review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special
selection review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special
selection review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and
information on a person under this section, the special
selection review board shall compare such record and
information with an appropriate sampling of the records of
those officers who were recommended for promotion by the
promotion board that recommended the person for promotion, and
an appropriate sampling of the records of those officers who
were considered by and not recommended for promotion by that
promotion board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a
manner that does not indicate or disclose the person or persons
for whom the special selection review board was convened.
``(3) In considering whether the recommendation for promotion
of a person should be sustained under this section, a special
selection review board shall, to the greatest extent
practicable, apply standards used by the promotion board that
recommended the person for promotion.
``(4) The recommendation for promotion of a person may be
sustained under this section only if the special selection
review board determines that the person--
``(A) ranks on an order of merit created by the
special selection review board as better qualified for
promotion than the sample officer highest on the order
of merit list who was considered by and not recommended
for promotion by the promotion board concerned; and
``(B) is comparable in qualification for promotion to
those sample officers who were recommended for
promotion by that promotion board.
``(5) A recommendation for promotion of a person may be
sustained under this section only by a vote of a majority of
the members of the special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section,
the person shall be considered to have failed of selection for
promotion.
``(e) Reports.--(1) Each special selection review board
convened under this section shall submit to the Secretary a
written report, signed by each member of the board, containing
the name of each person whose recommendation for promotion it
recommends for sustainment and certifying that the board has
carefully considered the record and information of each person
whose name was referred to it.
``(2) The provisions of sections 2117(a) of this title apply
to the report and proceedings of a special selection review
board convened under this section in the same manner as they
apply to the report and proceedings of a promotion board
convened under section 2106 of this title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends
the sustainment of the recommendation for promotion to the next
higher grade of a person whose name was referred to it for
review under this section, and the President approves the
report, the person shall, as soon as practicable, be appointed
to that grade in accordance with section 2121 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the active-
duty list as the person would have had pursuant to the original
recommendation for promotion of the promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations
to carry out this section.
``(h) Promotion Board Defined.--In this section, the term
`promotion board' means a selection board convened by the
Secretary under section 2106 of this title.''.
(2) Clerical amendment.--The analysis for chapter 21
of title 14, United States Code, is amended by
inserting after the item relating to section 2120 the
following:
``2120a. Special selection review boards.''.
(c) Availability of Information.--Section 2118 of title 14,
United States Code, is amended by adding at the end the
following:
``(e) If the Secretary makes a recommendation under this
section that the name of an officer be removed from a report of
a selection board and the recommendation is accompanied by
information that was not presented to that selection board,
that information shall be made available to that officer. The
officer shall then be afforded a reasonable opportunity to
submit comments on that information to the officials making the
recommendation and the officials reviewing the recommendation.
If an eligible officer cannot be given access to such
information because of its classification status, the officer
shall, to the maximum extent practicable, be provided with an
appropriate summary of the information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United
States Code, is amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
``(A) The officer is under investigation or
proceedings of a court-martial or a board of officers
are pending against the officer.
``(B) A criminal proceeding in a Federal or State
court is pending against the officer.
``(C) The Secretary determines that credible
information of an adverse nature, including a
substantiated adverse finding or conclusion described
in section 2115(a)(3), with respect to the officer will
result in the convening of a special selection review
board under section 2120a of this title to review the
officer and recommend whether the recommendation for
promotion of the officer should be sustained.
``(2)(A) Subject to subparagraph (B), a promotion may be
delayed under this subsection until, as applicable--
``(i) the completion of the investigation or
proceedings described in subparagraph (A);
``(ii) a final decision in the proceeding described
in subparagraph (B) is issued; or
``(iii) the special selection review board convened
under section 2120a of this title issues
recommendations with respect to the officer.
``(B) Unless the Secretary determines that a further
delay is necessary in the public interest, a promotion
may not be delayed under this subsection for more than
one year after the date the officer would otherwise
have been promoted.
``(3) An officer whose promotion is delayed under this
subsection and who is subsequently promoted shall be given the
date of rank and position on the active duty promotion list in
the grade to which promoted that he would have held had his
promotion not been so delayed.''.
SEC. 11246. PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD.
(a) Establishment.--The Commandant shall establish a program
for the purpose of increasing the number of individuals in the
enlisted ranks of the Coast Guard who are--
(1) underrepresented minorities; or
(2) from rural areas.
(b) Partnerships.--In carrying out the program established
under subsection (a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with
eligible institutions--
(A) to increase the visibility of Coast Guard
careers;
(B) to promote curriculum development--
(i) to enable acceptance into the
Coast Guard; and
(ii) to improve success on relevant
exams, such as the Armed Services
Vocational Aptitude Battery; and
(C) to provide mentoring for students
entering and beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior
Reserve Officers' Training Corps for the purpose of
promoting Coast Guard careers.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution--
(A) that is--
(i) an institution of higher
education (as such term is defined in
section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)); or
(ii) a junior or community college
(as such term is defined in section 312
of the Higher Education Act of 1965 (20
U.S.C. 1058); and
(B) that is--
(i) a part B institution (as such
term is defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C.
1061));
(ii) a Tribal College or University
(as such term is defined in section
316(b) of such Act (20 U.S.C.
1059c(b)));
(iii) a Hispanic-serving institution
(as such term is defined in section 502
of such Act (20 U.S.C. 1101a));
(iv) an Alaska Native-serving
institution or a Native Hawaiian-
serving institution (as such term is
defined in section 317(b) of such Act
(20 U.S.C. 1059d(b)));
(v) a Predominantly Black institution
(as such term is defined in section
371(c) of that Act (20 U.S.C.
1067q(c)));
(vi) an Asian American and Native
American Pacific Islander-serving
institution (as defined in section
320(b) of such Act (20 U.S.C.
1059g(b))); or
(vii) a Native American-serving
nontribal institution (as defined in
section 319(b) of such Act (20 U.S.C.
1059f(b)).
(2) Rural area.--The term ``rural area'' means an
area that is outside of an urbanized area, as
determined by the Bureau of the Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Section 320 of title 14, United States Code,
is amended--
(1) by redesignating subsection (c) as subsection
(d);
(2) in subsection (b) by striking ``subsection (c)''
and inserting ``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) Scope.--Beginning on December 31, 2025, the Secretary
of the department in which the Coast Guard is operating shall
maintain at all times a Junior Reserve Officers' Training Corps
program with not fewer than 1 such program established in each
Coast Guard district.''.
(b) Cost Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall provide to Congress
an estimate of the costs associated with implementing the
amendments made by this section.
SEC. 11248. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, in consultation with the Advisory Board
on Women at the Coast Guard Academy established under section
1904 of title 14, United States Code, and the minority outreach
team program established by section 1905 of such title, the
Commandant shall--
(1) determine which recommendations in the RAND
representation report may practicably be implemented to
promote improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actions the Commandant
has taken, or plans to take, to implement such
recommendations.
(b) Curriculum and Training.--In the case of any action the
Commandant plans to take to implement recommendations described
in subsection (a)(1) that relate to modification or development
of curriculum and training, such modified curriculum and
trainings shall be provided at--
(1) officer accession points, including the Coast
Guard Academy and the Leadership Development Center;
(2) enlisted member accession at the United States
Coast Guard Training Center Cape May in Cape May, New
Jersey; and
(3) the officer, enlisted member, and civilian
leadership courses managed by the Leadership
Development Center.
(c) Definition of RAND Representation Report.--In this
section, the term ``RAND representation report'' means the
report of the Homeland Security Operational Analysis Center of
the RAND Corporation entitled ``Improving the Representation of
Women and Racial/Ethnic Minorities Among U.S. Coast Guard
Active-Duty Members'', issued on August 11, 2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND
ACCESSION.
(a) In General.--The Commandant shall develop a 10-year
strategy to enhance Coast Guard diversity through recruitment
and accession--
(1) at educational institutions at the high school
and higher education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the strategy developed
under subsection (a).
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) A description of existing Coast Guard
recruitment and accession programs at
educational institutions at the high school and
higher education levels.
(B) An explanation of the manner in which the
strategy supports the overall diversity and
inclusion action plan of the Coast Guard.
(C) A description of the manner in which
existing programs and partnerships will be
modified or expanded to enhance diversity in
recruiting in high school and institutions of
higher education (as such term is defined in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 953. Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--
``(A) In general.--The Commandant may enter
contract and cooperative agreements with 1 or
more qualified organizations for the purpose of
supporting the athletic programs of the Coast
Guard Academy.
``(B) Authority.--Notwithstanding section
3201(e) of title 10, the Commandant may enter
into such contracts and cooperative agreements
on a sole source basis pursuant to section
3204(a) of title 10.
``(C) Acquisitions.--Notwithstanding chapter
63 of title 31, a cooperative agreement under
this section may be used to acquire property or
services for the direct benefit or use of the
Coast Guard Academy.
``(2) Financial controls.--
``(A) In general.--Before entering into a
contract or cooperative agreement under
paragraph (1), the Commandant shall ensure that
the contract or agreement includes appropriate
financial controls to account for the resources
of the Coast Guard Academy and the qualified
organization concerned in accordance with
accepted accounting principles.
``(B) Contents.--Any such contract or
cooperative agreement shall contain a provision
that allows the Commandant to review, as the
Commandant considers necessary, the financial
accounts of the qualified organization to
determine whether the operations of the
qualified organization--
``(i) are consistent with the terms
of the contract or cooperative
agreement; and
``(ii) would compromise the integrity
or appearance of integrity of any
program of the Department of Homeland
Security.
``(3) Leases.--For the purpose of supporting the
athletic programs of the Coast Guard Academy, the
Commandant may, consistent with section 504(a)(13),
rent or lease real property located at the Coast Guard
Academy to a qualified organization, except that
proceeds from such a lease shall be retained and
expended in accordance with subsection (f).
``(b) Support Services.--
``(1) Authority.--To the extent required by a
contract or cooperative agreement under subsection (a),
the Commandant may provide support services to a
qualified organization while the qualified organization
conducts support activities at the Coast Guard Academy
only if the Commandant determines that the provision of
such services is essential for the support of the
athletic programs of the Coast Guard Academy.
``(2) No liability of the united states.--Support
services may only be provided without any liability of
the United States to a qualified organization.
``(3) Support services defined.--In this subsection,
the term `support services' includes utilities, office
furnishings and equipment, communications services,
records staging and archiving, audio and video support,
and security systems, in conjunction with the leasing
or licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--
``(1) In general.--Except as provided in paragraph
(2), the Commandant may, subject to the acceptance of
the qualified organization concerned, transfer to the
qualified organization all title to and ownership of
the assets and liabilities of the Coast Guard
nonappropriated fund instrumentality, the function of
which includes providing support for the athletic
programs of the Coast Guard Academy, including bank
accounts and financial reserves in the accounts of such
fund instrumentality, equipment, supplies, and other
personal property.
``(2) Limitation.--The Commandant may not transfer
under paragraph (1) any interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of
title 31, the Commandant may accept from a qualified
organization funds, supplies, and services for the
support of the athletic programs of the Coast Guard
Academy.
``(2) Employees of qualified organization.--For
purposes of this section, employees or personnel of the
qualified organization may not be considered to be
employees of the United States.
``(3) Funds received from ncaa.--The Commandant may
accept funds from the National Collegiate Athletic
Association to support the athletic programs of the
Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that
contributions under this subsection and expenditure of
funds pursuant to subsection (f) do not--
``(A) reflect unfavorably on the ability of
the Coast Guard, any employee of the Coast
Guard, or any member of the armed forces (as
such term is defined in section 101(a) of title
10) to carry out any responsibility or duty in
a fair and objective manner; or
``(B) compromise the integrity or appearance
of integrity of any program of the Coast Guard,
or any individual involved in such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship
agreements.--An agreement under subsection (a) may,
consistent with section 2260 of title 10 (other than
subsection (d) of such section), authorize a qualified
organization to enter into licensing, marketing, and
sponsorship agreements relating to trademarks and
service marks identifying the Coast Guard Academy,
subject to the approval of the Commandant.
``(2) Limitations.--A licensing, marketing, or
sponsorship agreement may not be entered into under
paragraph (1) if--
``(A) such agreement would reflect
unfavorably on the ability of the Coast Guard,
any employee of the Coast Guard, or any member
of the armed forces to carry out any
responsibility or duty in a fair and objective
manner; or
``(B) the Commandant determines that the use
of the trademark or service mark would
compromise the integrity or appearance of
integrity of any program of the Coast Guard or
any individual involved in such a program.
``(f) Retention and Use of Funds.--Funds received by the
Commandant under this section may be retained for use to
support the athletic programs of the Coast Guard Academy and
shall remain available until expended.
``(g) Conditions.--The authority provided in this section
with respect to a qualified organization is available only so
long as the qualified organization continues--
``(1) to operate in accordance with this section, the
law of the State of Connecticut, and the constitution
and bylaws of the qualified organization; and
``(2) to operate exclusively to support the athletic
programs of the Coast Guard Academy.
``(h) Qualified Organization Defined.--In this section, the
term `qualified organization' means an organization--
``(1) that operates as an organization under
subsection (c)(3) of section 501 of the Internal
Revenue Code of 1986 and exempt from taxation under
subsection (a) of that section;
``(2) for which authorization under sections 1033(a)
and 1589(a) of title 10 may be provided; and
``(3) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting Coast
Guard athletics.
``Sec. 954. Mixed-funded athletic and recreational extracurricular
programs
``(a) Authority.--In the case of a Coast Guard Academy mixed-
funded athletic or recreational extracurricular program, the
Commandant may designate funds appropriated to the Coast Guard
and available for that program to be treated as nonappropriated
funds and expended for that program in accordance with laws
applicable to the expenditure of nonappropriated funds.
Appropriated funds so designated shall be considered to be
nonappropriated funds for all purposes and shall remain
available until expended.
``(b) Covered Programs.--In this section, the term `Coast
Guard Academy mixed-funded athletic or recreational
extracurricular program' means an athletic or recreational
extracurricular program of the Coast Guard Academy to which
each of the following applies:
``(1) The program is not considered a morale,
welfare, or recreation program.
``(2) The program is supported through appropriated
funds.
``(3) The program is supported by a nonappropriated
fund instrumentality.
``(4) The program is not a private organization and
is not operated by a private organization.''.
(b) Clerical Amendment.--The analysis for chapter 9 of title
14, United States Code, is amended by inserting after the item
relating to section 952 the following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular
programs.''.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code,
is amended to read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training
course, which shall be administered in person, on the workings
of Congress for any member of the Coast Guard selected for a
position as a fellow, liaison, counsel, or administrative staff
for the Coast Guard Office of Congressional and Governmental
Affairs or as any Coast Guard district or area governmental
affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required under
this section shall provide an overview and introduction
to Congress and the Federal legislative process,
including--
``(A) the congressional budget process;
``(B) the congressional appropriations
process;
``(C) the congressional authorization
process;
``(D) the Senate advice and consent process
for Presidential nominees;
``(E) the Senate advice and consent process
for treaty ratification;
``(F) the roles of Members of Congress and
congressional staff in the legislative process;
``(G) the concept and underlying purposes of
congressional oversight within the governance
framework of separation of powers;
``(H) the roles of Coast Guard fellows,
liaisons, counsels, governmental affairs
officers, the Coast Guard Office of Program
Review, the Coast Guard Headquarters program
offices, and any other entity the Commandant
considers relevant; and
``(I) the roles and responsibilities of Coast
Guard public affairs and external
communications personnel with respect to
Members of Congress and the staff of such
Members necessary to enhance communication
between Coast Guard units, sectors, and
districts and Member offices and committees of
jurisdiction so as to ensure visibility of
Coast Guard activities.
``(2) Detail within coast guard office of budget and
programs.--
``(A) In general.--At the written request of
a receiving congressional office, the training
course required under this section shall
include a multi-day detail within the Coast
Guard Office of Budget and Programs to ensure
adequate exposure to Coast Guard policy,
oversight, and requests from Congress.
``(B) Nonconsecutive detail permitted.--A
detail under this paragraph is not required to
be consecutive with the balance of the
training.
``(c) Completion of Required Training.--A member of the Coast
Guard selected for a position described in subsection (a) shall
complete the training required by this section before the date
on which such member reports for duty for such position.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title
14, United States Code, is amended by striking the item
relating to section 315 and inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a strategy
to improve incentives to attract and retain a qualified
workforce serving on Coast Guard cutters that includes
underrepresented minorities, and servicemembers from rural
areas, as such term is defined in section 54301(a)(12)(C) of
title 46, United States Code.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policies to improve flexibility in the afloat
career path, including a policy that enables members of
the Coast Guard serving on Coast Guard cutters to
transition between operations afloat and operations
ashore assignments without detriment to the career
progression of a member.
(2) A review of current officer requirements for
afloat assignments at each pay grade, and an assessment
as to whether such requirements are appropriate or
present undue limitations.
(3) Strategies to improve crew comfort afloat, such
as berthing modifications to accommodate all
crewmembers.
(4) Actionable steps to improve access to highspeed
internet capable of video conference for the purposes
of medical, educational, and personal use by members of
the Coast Guard serving on Coast Guard cutters.
(5) An assessment of the effectiveness of bonuses to
attract members to serve at sea and retain talented
members of the Coast Guard serving on Coast Guard
cutters to serve as leaders in senior enlisted
positions, department head positions, and command
positions.
(6) Policies to ensure that high-performing members
of the Coast Guard serving on Coast Guard cutters are
competitive for special assignments, postgraduate
education, senior service schools, and other career-
enhancing positions.
(c) Rule of Construction.--The Commandant shall ensure that
the elements described in subsection (b) do not result in
discrimination based on race, color, religion, sexual
orientation, national origin, or gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS
COMMAND.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on the performance of the Coast
Guard Force Readiness Command.
(b) Elements.--The study required under subsection (a) shall
include an assessment of the following:
(1) The actions the Force Readiness Command has taken
to develop and implement training for the Coast Guard
workforce.
(2) The extent to which the Force Readiness Command--
(A) has made an assessment of performance,
policy, and training compliance across Force
Readiness Command headquarters and field units,
and the results of any such assessment; and
(B) is modifying and expanding Coast Guard
training to match the future demands of the
Coast Guard with respect to growth in workforce
numbers, modernization of assets and
infrastructure, and increased global mission
demands relating to the Arctic and Western
Pacific regions and cyberspace.
(c) Report.--Not later than 1 year after the study required
by subsection (a) commences, the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD
PERSONNEL.
(a) In General.--The Commandant shall conduct a study to
assess whether current weapons training required for Coast
Guard law enforcement and other relevant personnel is
sufficient.
(b) Elements.--The study required under subsection (a)
shall--
(1) assess whether there is a need to improve weapons
training for Coast Guard law enforcement and other
relevant personnel; and
(2) identify--
(A) the frequency of such training most
likely to ensure adequate weapons training,
proficiency, and safety among such personnel;
(B) Coast Guard law enforcement and other
applicable personnel who should be prioritized
to receive such improved training; and
(C) any challenge posed by a transition to
improving such training and offering such
training more frequently, and the resources
necessary to address such a challenge.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 14 U.S.C. 1156 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the
restriction under subsection (a) if the operation or
procurement is for the purposes of--
``(1) counter-UAS system surrogate testing and
training; or
``(2) intelligence, electronic warfare, and
information warfare operations, testing, analysis, and
training.'';
(2) by amending subsection (c) to read as follows:
``(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case-by-case basis by certifying in writing
not later than 15 days after exercising such waiver to the
Department of Homeland Security, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives that the operation or procurement of a covered
unmanned aircraft system is required in the national interest
of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as
follows:
``(1) Covered foreign country.--The term `covered
foreign country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of
Korea.'';
(B) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the
following:
``(2) Covered unmanned aircraft system.--The term
`covered unmanned aircraft system' means an unmanned
aircraft system described in paragraph (1) of
subsection (a).''; and
(D) in paragraph (4), as so redesignated, by
inserting ``, and any related services and
equipment'' after ``United States Code''; and
(4) by adding at the end the following:
``(e) Replacement.--Not later than 90 days after the date of
the enactment of the Don Young Coast Guard Authorization Act of
2022, the Commandant shall replace covered unmanned aircraft
systems of the Coast Guard with unmanned aircraft systems
manufactured in the United States or an allied country (as that
term is defined in section 2350f(d)(1) of title 10, United
States Code).''.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code,
is further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
missions
``Not later than 1 year after the date of enactment of this
section, and every February 1 thereafter, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that adequately represents a
calculation of the annual costs and expenditures of performing
and executing all defense readiness mission activities,
including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense
readiness mission activities in the Coast Guard's
capacity as an armed force (as such term is defined in
section 101 of title 10) in support of Department of
Defense national security operations and activities or
for any other military department or Defense Agency (as
such terms are defined in such section);
``(2) costs associated with Coast Guard detachments
assigned in support of the defense readiness mission of
the Coast Guard; and
``(3) any other related expenses, costs, or matters
the Commandant considers appropriate or otherwise of
interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title
14, United States Code, as amended by section 252(b), is
further amended by adding at the end the following:
``5114. Expenses of performing and executing defense readiness
missions.''.
SEC. 11257. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) an overview of the maritime domain awareness in
the area of responsibility of the Coast Guard sector
responsible for San Diego, California, including--
(A) the average volume of known maritime
traffic that transited the area during fiscal
years 2020 through 2022;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at
sea in such area;
(C) the number of illicit activity incidents
at sea in such area that the sector responded
to during fiscal years 2020 through 2022;
(D) an estimate of the volume of traffic
engaged in illicit activity at sea in such area
and the type and description of any vessels
used to carry out illicit activities that such
sector responded to during fiscal years 2020
through 2022; and
(E) the maritime domain awareness
requirements to effectively meet the mission of
such sector;
(2) a description of current actions taken by the
Coast Guard to partner with Federal, regional, State,
and local entities to meet the maritime domain
awareness needs of such area;
(3) a description of any gaps in maritime domain
awareness within the area of responsibility of such
sector resulting from an inability to meet the enduring
maritime domain awareness requirements of the sector or
adequately respond to maritime disorder;
(4) an identification of current technology and
assets the Coast Guard has to mitigate the gaps
identified in paragraph (3);
(5) an identification of capabilities needed to
mitigate such gaps, including any capabilities the
Coast Guard currently possesses that can be deployed to
the sector;
(6) an identification of technology and assets the
Coast Guard does not currently possess and are needed
to acquire in order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing
commercially available sensor technology to address
such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Transfer.--Section 914 of the Coast Guard Authorization
Act of 2010 (14 U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title
14, United States Code;
(2) added at the end so as to follow section 509 of
such title, as added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section
heading, typeface, and typestyle conform to those
appearing in other sections of title 14, United States
Code.
(b) Clerical Amendments.--
(1) Coast guard authorization act of 2010.--The table
of contents in section 1(b) of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is
amended by striking the item relating to section 914.
(2) Title 14.--The analysis for subchapter I of
chapter 5 of title 14, United States Code, is further
amended by adding at the end the following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--
Section 510 of title 14, United States Code, as transferred and
redesignated by subsection (a), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the
Administrator of the General Services Administration may
transfer ownership of a Coast Guard vessel or aircraft to an
eligible entity for educational, cultural, historical,
charitable, recreational, or other public purposes if such
transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if the request
were being processed'' after
``vessels''; and
(ii) by inserting ``, as in effect on
the date of the enactment of the Don
Young Coast Guard Authorization Act of
2022'' after ``Code of Federal
Regulations'';
(B) in paragraph (2) by inserting ``, as in
effect on the date of the enactment of the Don
Young Coast Guard Authorization Act of 2022''
after ``such title''; and
(C) in paragraph (3) by striking ``of the
Coast Guard''.
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended
by striking ``the Inspector General of the department in which
the Coast Guard is operating'' and inserting ``a third party
entity qualified to undertake such a certification process''.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the viability of
establishing an explosive ordnance disposal program (in this
section referred to as the ``Program'') in the Coast Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with
respect to such a Program:
(1) Where within the organizational structure of the
Coast Guard the Program would be located, including a
discussion of whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described
under subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be
required for the transportation of explosive ordnance
disposal elements.
(3) The Coast Guard stations at which--
(A) portable explosives storage magazines
would be available for explosive ordnance
disposal elements; and
(B) explosive ordnance disposal elements
equipment would be pre-positioned.
(4) How the Program would support other elements
within the Department of Homeland Security, the
Department of Justice, and, in wartime, the Department
of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the
President; and
(E) support national security special events.
(5) The career progression of members of the Coast
Guard participating in the Program from--
(A) Seaman Recruit to Command Master Chief
Petty Officer;
(B) Chief Warrant Officer 2 to that of Chief
Warrant Officer 4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates
on a single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive
pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous
duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous
duty pay;
(vi) enlisted special duty assignment
pay at level special duty-5;
(vii) enlisted assignment incentive
pays;
(viii) enlistment and reenlistment
bonuses;
(ix) officer and enlisted full
civilian clothing allowances;
(x) an exception to the policy
allowing a third hazardous duty pay for
explosive ordnance disposal-qualified
officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and
evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--In accordance with section 120(h)
of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9620(h)),
the Commandant shall, without consideration, transfer
in accordance with subsection (b) and convey in
accordance with subsection (c) a parcel of the real
property described in paragraph (2), including any
improvements thereon.
(2) Property.--The property described in this
paragraph is real property at Dauphin Island, Alabama,
located at 100 Agassiz Street, and consisting of a
total of approximately 35.63 acres. The exact acreage
and legal description of the parcel of such property to
be transferred or conveyed in accordance with
subsection (b) or (c), respectively, shall be
determined by a survey satisfactory to the Commandant.
(b) To the Secretary of Health and Human Services.--The
Commandant shall transfer, as described in subsection (a), to
the Secretary of Health and Human Services (in this section
referred to as the ``Secretary''), for use by the Food and Drug
Administration, custody and control of a portion, consisting of
approximately 4 acres, of the parcel of real property described
in such subsection, to be identified by agreement between the
Commandant and the Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as
described in subsection (a), to the Marine Environmental
Sciences Consortium, a unit of the government of the State of
Alabama, located at Dauphin Island, Alabama, all rights, title,
and interest of the United States in and to such portion of the
parcel described in such subsection that is not transferred to
the Secretary under subsection (b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay
costs to be incurred by the Coast Guard, or
reimburse the Coast Guard for such costs
incurred by the Coast Guard, to carry out the
transfer and conveyance required by this
section, including survey costs, appraisal
costs, costs for environmental documentation
related to the transfer and conveyance, and any
other necessary administrative costs related to
the transfer and conveyance.
(B) Funds.--Notwithstanding section 780 of
division B of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94),
any amounts that are made available to the
Secretary under such section and not obligated
on the date of enactment of this Act shall be
available to the Secretary for the purpose
described in subparagraph (A).
(2) Treatment of amounts received.--Amounts received
by the Commandant as reimbursement under paragraph (1)
shall be credited to the Coast Guard Housing Fund
established under section 2946 of title 14, United
States Code, or the account that was used to pay the
costs incurred by the Coast Guard in carrying out the
transfer or conveyance under this section, as
determined by the Commandant, and shall be made
available until expended. Amounts so credited shall be
merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.
(a) In General.--Chapter 51 of title 14, United States Code,
is further amended by adding at the end the following:
``Sec. 5115. Major grants, contracts, or other transactions
``(a) Notification.--
``(1) In general.--Subject to subsection (b), the
Commandant shall notify the appropriate committees of
Congress and the Coast Guard Office of Congressional
and Governmental Affairs not later than 3 full business
days in advance of the Coast Guard--
``(A) making or awarding a grant allocation
or grant in excess of $1,000,000;
``(B) making or awarding a contract, other
transaction agreement, or task or delivery
order for the Coast Guard on the multiple award
contract, or issuing a letter of intent
totaling more than $4,000,000;
``(C) awarding a task or delivery order
requiring an obligation of funds in an amount
greater than $10,000,000 from multi-year Coast
Guard funds;
``(D) making a sole-source grant award; or
``(E) announcing publicly the intention to
make or award an item described in subparagraph
(A), (B), (C), or (D), including a contract
covered by the Federal Acquisition Regulation.
``(2) Element.--A notification under this subsection
shall include--
``(A) the amount of the award;
``(B) the fiscal year for which the funds for
the award were appropriated;
``(C) the type of contract;
``(D) an identification of the entity awarded
the contract, such as the name and location of
the entity; and
``(E) the account from which the funds are to
be drawn.
``(b) Exception.--If the Commandant determines that
compliance with subsection (a) would pose a substantial risk to
human life, health, or safety, the Commandant--
``(1) may make an award or issue a letter described
in such subsection without the notification required
under such subsection; and
``(2) shall notify the appropriate committees of
Congress not later than 5 full business days after such
an award is made or letter issued.
``(c) Applicability.--Subsection (a) shall not apply to funds
that are not available for obligation.
``(d) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress' means--
``(1) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
``(2) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title
14, United States Code, is further amended by adding at the end
the following:
``5115. Major grants, contracts, or other transactions.''.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND
FACILITIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall complete a study on
the safety inspection program for containers (as such term is
defined in section 80501 of title 46, United States Code) and
designated waterfront facilities receiving containers.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An evaluation and review of such safety
inspection program.
(2) A determination of--
(A) the number of container inspections
conducted annually by the Coast Guard during
the preceding 10-year period, as compared to
the number of containers moved through United
States ports annually during such period; and
(B) the number of qualified Coast Guard
container and facility inspectors, and an
assessment as to whether, during the preceding
10-year period, there have been a sufficient
number of such inspectors to carry out the
mission of the Coast Guard.
(3) An evaluation of the training programs available
to such inspectors and the adequacy of such training
programs during the preceding 10-year period.
(4) An identification of areas of improvement for
such program in the interest of commerce and national
security, and the costs associated with such
improvements.
(c) Report to Congress.--Not later than 180 days after the
completion of the study required under subsection (a), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study required
by subsection (a), including the personnel and resource
requirements necessary for such program.
SEC. 11264. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall, consistent with the
ongoing Integrated Multi-Domain Enterprise joint effort by the
Department of Homeland Security and the Department of Defense,
establish a secure, centralized capability to allow real-time,
or near real-time, data and information sharing between Customs
and Border Protection and the Coast Guard for purposes of
maritime boundary domain awareness and enforcement activities
along the maritime boundaries of the United States, including
the maritime boundaries in the northern and southern
continental United States and Alaska.
(b) Priority.--In establishing the capability under
subsection (a), the Secretary shall prioritize enforcement
areas experiencing the highest levels of enforcement activity.
(c) Requirements.--The capability established under
subsection (a) shall be sufficient for the secure sharing of
data, information, and surveillance necessary for operational
missions, including data from governmental assets, irrespective
of whether an asset located in or around mission operation
areas belongs to the Coast Guard, Customs and Border
Protection, or any other partner agency.
(d) Elements.--The Commissioner of Customs and Border
Protection and the Commandant shall jointly--
(1) assess and delineate the types of data and
quality of data sharing needed to meet the respective
operational missions of Customs and Border Protection
and the Coast Guard, including video surveillance,
seismic sensors, infrared detection, space-based remote
sensing, and any other data or information necessary;
(2) develop appropriate requirements and processes
for the credentialing of personnel of Customs and
Border Protection and personnel of the Coast Guard to
access and use the capability established under
subsection (a); and
(3) establish a cost-sharing agreement for the long-
term operation and maintenance of the capability and
the assets that provide data to the capability.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives a report on the establishment of the capability
under this section.
(f) Rule of Construction.--Nothing in this section may be
construed to authorize the Coast Guard, Customs and Border
Protection, or any other partner agency to acquire, share, or
transfer personal information relating to an individual in
violation of any Federal or State law or regulation.
SEC. 11265. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD STATION AT
PORT MANSFIELD.
(a) Study.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall
commence a feasibility study on construction of a Coast
Guard station at Port Mansfield, Texas.
(2) Elements.--The study required under paragraph (1)
shall include the following:
(A) An assessment of the resources and
workforce requirements necessary for a new
Coast Guard station at Port Mansfield.
(B) An identification of the enhancements to
the missions and capabilities of the Coast
Guard that a new Coast Guard station at Port
Mansfield would provide.
(C) An estimate of the life-cycle costs of
such a facility, including the costs of
construction, maintenance costs, and staffing
costs.
(D) A cost-benefit analysis of the
enhancements and capabilities provided, as
compared to the costs of construction,
maintenance, and staffing.
(b) Report.--Not later than 180 days after commencing the
study required by subsection (a), the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
findings of the study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR COAST
GUARD STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the Secretary
shall procure not fewer than 1 tethered aerostat radar system,
or similar technology, for use by the Coast Guard at and around
Coast Guard Station South Padre Island.
SEC. 11267. PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH ENTITIES
ASSOCIATED WITH CHINESE COMMUNIST PARTY.
(a) In General.--The Commandant may not award any major
acquisition contract until the Commandant receives a
certification from the party that it has not, during the 10-
year period preceding the planned date of award, directly or
indirectly held an economic interest in an entity that is--
(1) owned or controlled by the People's Republic of
China; and
(2) part of the defense industry of the Chinese
Communist Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not
apply with respect to an economic interest in an entity owned
or controlled by Taiwan.
SEC. 11268. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS;
TESTING FOR FENTANYL DURING INTERDICTION
OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with
the Administrator of the Drug Enforcement
Administration and the Secretary of Health and Human
Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and
rescue medications used to conduct
Coast Guard drug interdiction
operations; and
(ii) the safety and training
standards, policies, and procedures
with respect to such operations; and
(B) determine whether the Coast Guard is
using the latest equipment and technology and
up-to-date training and standards for
recognizing, handling, testing, and securing
illegal drugs, fentanyl and other synthetic
opioids, and precursor chemicals during such
operations.
(2) Report.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit
to the appropriate committees of Congress a report on
the results of the review conducted under paragraph
(1).
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on
Appropriations of the House of Representatives.
(b) Requirement.--If, as a result of the review required by
subsection (a), the Commandant determines that the Coast Guard
is not using the latest equipment and technology and up-to-date
training and standards for recognizing, handling, testing, and
securing illegal drugs, fentanyl and other synthetic opioids,
and precursor chemicals during drug interdiction operations,
the Commandant shall ensure that the Coast Guard acquires and
uses such equipment and technology, carries out such training,
and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that
Coast Guard drug interdiction operations include the testing of
substances encountered during such operations for fentanyl, as
appropriate.
SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT
INTERDICTIONS.
Not later than the 15th day of each month, the Commandant
shall make available to the public on the website of the Coast
Guard the number of migrant interdictions carried out by the
Coast Guard during the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.
Not later than 90 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
(1) an explanation of the extent to which vessels
carrying cargo are complying with the requirements of
chapter 700 of title 46, United States Code;
(2) the status of the investigation on the cause of
the oil spill that occurred in October 2021 on the
waters over the San Pedro Shelf related to an anchor
strike, including the expected date on which the Marine
Casualty Investigation Report with respect to such
spill will be released; and
(3) with respect to such vessels, a summary of
actions taken or planned to be taken by the Commandant
to provide additional protections against oil spills or
other hazardous discharges caused by anchor strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study to assess the oversight over
Coast Guard activities, including investigations, personnel
management, whistleblower protection, and other activities
carried out by the Department of Homeland Security Office of
Inspector General.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the ability of the Department of
Homeland Security Office of Inspector General to ensure
timely, thorough, complete, and appropriate oversight
over the Coast Guard, including oversight over both
civilian and military activities.
(2) An assessment of--
(A) the best practices with respect to such
oversight; and
(B) the ability of the Department of Homeland
Security Office of Inspector General and the
Commandant to identify and achieve such best
practices.
(3) An analysis of the methods, standards, and
processes employed by the Department of Defense Office
of Inspector General and the inspectors generals of the
armed forces (as such term is defined in section 101 of
title 10, United States Code), other than the Coast
Guard, to conduct oversight and investigation
activities.
(4) An analysis of the methods, standards, and
processes of the Department of Homeland Security Office
of Inspector General with respect to oversight over the
civilian and military activities of the Coast Guard, as
compared to the methods, standards, and processes
described in paragraph (3).
(5) An assessment of the extent to which the Coast
Guard Investigative Service completes investigations or
other disciplinary measures after referral of
complaints from the Department of Homeland Security
Office of Inspector General.
(6) A description of the staffing, expertise,
training, and other resources of the Department of
Homeland Security Office of Inspector General, and an
assessment as to whether such staffing, expertise,
training, and other resources meet the requirements
necessary for meaningful, timely, and effective
oversight over the activities of the Coast Guard.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study,
including recommendations with respect to oversight over Coast
Guard activities.
(d) Other Reviews.--The study required under subsection (a)
may rely upon recently completed or ongoing reviews by the
Comptroller General or other entities, as applicable.
Subtitle H--Sexual Assault and Sexual Harassment Response and
Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Subchapter IV of chapter 5 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any
prescheduled voyage, a Coast Guard vessel shall have in
place a written operating procedure that ensures that
an embarked victim of sexual assault shall have access
to a sexual assault forensic examination--
``(A) as soon as possible after the victim
requests an examination; and
``(B) that is treated with the same level of
urgency as emergency medical care.
``(2) Requirements.--The written operating procedure
required by paragraph (1), shall, at a minimum, account
for--
``(A) the health, safety, and privacy of a
victim of sexual assault;
``(B) the proximity of ashore or afloat
medical facilities, including coordination as
necessary with the Department of Defense,
including other military departments (as
defined in section 101 of title 10);
``(C) the availability of aeromedical
evacuation;
``(D) the operational capabilities of the
vessel concerned;
``(E) the qualifications of medical personnel
onboard;
``(F) coordination with law enforcement and
the preservation of evidence;
``(G) the means of accessing a sexual assault
forensic examination and medical care with a
restricted report of sexual assault;
``(H) the availability of nonprescription
pregnancy prophylactics; and
``(I) other unique military
considerations.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 563 the following:
``564. Administration of sexual assault forensic examination kits.''.
(c) Study.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall seek
to enter into an agreement with the National Academy of
Sciences under which the National Academy of Sciences
shall conduct a study to assess challenges and
prospective solutions associated with sexual assault at
sea, to include the provision of survivor care,
forensic examination of the victim, and evidence
collection.
(2) Contents.--The study under paragraph (1) shall,
at a minimum, address the feasibility of crisis
response services and physical evaluation through
telemedicine and other options concerning immediate
access to care whether onboard the vessel or at the
nearest shore side facility, including best practices
for administering sexual assault forensic examinations.
(3) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the
alleged victim of sexual assault;
(ii) the ability to properly
identify, document, and preserve any
evidence relevant to the allegation of
sexual assault;
(iii) the applicable criminal
procedural laws relating to
authenticity, relevance, preservation
of evidence, chain of custody, and any
other matter relating to evidentiary
admissibility; and
(iv) best practices of conducting
sexual assault forensic examinations,
as such term is defined in section
40723 of title 34, United States Code;
(B) provide any appropriate recommendation
for changes to existing laws, regulations, or
employer policies;
(C) solicit public stakeholder input from
individuals and organizations with relevant
expertise in sexual assault response including
healthcare, advocacy services, law enforcement,
and prosecution;
(D) evaluate the operational capabilities of
the Coast Guard since 2013 in providing alleged
victims of sexual assault immediate access to
care onboard a vessel undertaking a
prescheduled voyage that, at any point during
such voyage, would require the vessel to travel
3 consecutive days or longer to reach a land-
based or afloat medical facility, including--
(i) the average of and range in the
reported hours taken to evacuate an
individual with any medical emergency
to a land-based or afloat medical
facility; and
(ii) the number of alleged victims,
subjects, and total incidents of sexual
assault and sexual harassment occurring
while underway reported annually; and
(E) summarize the financial cost, required
operational adjustments, and potential benefits
to the Coast Guard to provide sexual assault
forensic examination kits onboard Coast Guard
vessels undertaking a prescheduled voyage that,
at any point during such voyage, would require
the vessel to travel 3 consecutive days or
longer to reach a land-based or afloat medical
facility.
(4) Report.--Upon completion of the study under
paragraph (1), the National Academy of Sciences shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Secretary a report on the
findings of the study.
(5) Annual report.--The Commandant shall submit to
the Transportation and Infrastructure Committee of the
House and the Commerce, Science, and Transportation
Committee of the Senate a report containing the number
of sexual assault forensic examinations that were
requested by, but not administered within 3 days to,
alleged victims of sexual assault when such victims
were onboard a vessel.
(6) Savings clause.--In collecting the information
required under paragraphs (2) and (3), the Commandant
shall collect such information in a manner which
protects the privacy rights of individuals who are
subjects of such information.
SEC. 11273. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT
TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF
SEXUAL ASSAULT.
(a) Interim Update.--Not later than 30 days after the date of
enactment of this Act, the Commandant, in consultation with the
Director of the Health, Safety, and Work Life Directorate,
shall issue an interim update to Coast Guard policy guidance to
allow a member of the Coast Guard who has reported being the
victim of a sexual assault, or any other offense covered by
section 920, 920c, or 930 of title 10, United States Code
(article 120, 120c, or 130 of the Uniform Code of Military
Justice), to request an immediate change of station or an
immediate unit transfer.
(b) Final Policy.--The Commandant shall issue a final policy
based on the interim updates issued under the preceding
sentence not later than 1 year after the date of enactment of
this Act.
SEC. 11274. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of enactment of this
Act, the Commandant shall issue final regulations or policy
guidance required to fully implement section 1745 of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 10 U.S.C. 1561 note) with respect to members of the
Coast Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall enter into an
agreement with a federally funded research and development
center for the conduct of a study on--
(1) the Special Victims' Counsel program of the Coast
Guard;
(2) Coast Guard investigations of sexual assault
offenses for cases in which the subject of the
investigation is no longer under jeopardy for the
alleged misconduct for reasons including the death of
the accused, a lapse in the statute of limitations for
the alleged offense, and a fully adjudicated criminal
trial of the alleged offense in which all appeals have
been exhausted; and
(3) legal support and representation provided to
members of the Coast Guard who are victims of sexual
assault, including in instances in which the accused is
a member of the Army, Navy, Air Force, Marine Corps, or
Space Force.
(b) Elements.--The study required by subsection (a) shall
assess the following:
(1) The Special Victims' Counsel program of the Coast
Guard, including training, effectiveness, capacity to
handle the number of cases referred, and experience
with cases involving members of the Coast Guard or
members of another armed force (as defined in section
101 of title 10, United States Code).
(2) The experience of Special Victims' Counsels in
representing members of the Coast Guard during a court-
martial.
(3) Policies concerning the availability and
detailing of Special Victims' Counsels for sexual
assault allegations, in particular such allegations in
which the accused is a member of another armed force
(as defined in section 101 of title 10, United States
Code), and the impact that the cross-service
relationship had on--
(A) the competence and sufficiency of
services provided to the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the
Special Victims' Counsels; and
(ii) the prosecuting entity and the
Special Victims' Counsels.
(4) Training provided to, or made available for,
Special Victims' Counsels and paralegals with respect
to Department of Defense processes for conducting
sexual assault investigations and Special Victims'
Counsel representation of sexual assault victims.
(5) The ability of Special Victims' Counsels to
operate independently without undue influence from
third parties, including the command of the accused,
the command of the victim, the Judge Advocate General
of the Coast Guard, and the Deputy Judge Advocate
General of the Coast Guard.
(6) The skill level and experience of Special
Victims' Counsels, as compared to special victims'
counsels available to members of the Army, Navy, Air
Force, Marine Corps, and Space Force.
(7) Policies regarding access to an alternate Special
Victims' Counsel, if requested by the member of the
Coast Guard concerned, and potential improvements for
such policies.
(c) Report.--Not later than 180 days after entering into an
agreement under subsection (a), the federally funded research
and development center shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) the findings of the study required by such
subsection;
(2) recommendations to improve the coordination,
training, and experience of Special Victims' Counsels
of the Coast Guard so as to improve outcomes for
members of the Coast Guard who have reported sexual
assault; and
(3) any other recommendation the federally funded
research and development center considers appropriate.
TITLE CXIII--ENVIRONMENT
Subtitle A--Marine Mammals
SEC. 11301. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committees on Transportation and
Infrastructure and Natural Resources of the
House of Representatives.
(2) Core foraging habitats.--The term ``core foraging
habitats'' means areas--
(A) with biological and physical
oceanographic features that aggregate Calanus
finmarchicus; and
(B) where North Atlantic right whales
foraging aggregations have been well
documented.
(3) Exclusive economic zone.--The term ``exclusive
economic zone'' has the meaning given that term in
section 107 of title 46, United States Code.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean''
means all endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'',
with respect to monitoring of whales, means that
visual, acoustic, or other detections of whales are
processed, transmitted, and reported as close to the
time of detection as is technically feasible.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described
in section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code.
(8) Puget sound region.--The term ``Puget Sound
region'' means the Vessel Traffic Service Puget Sound
area described in section 161.55 of title 33, Code of
Federal Regulations (as of the date of enactment of
this Act).
(9) Tribal government.--The term ``Tribal
government'' means the recognized governing body of any
Indian or Alaska Native Tribe, band, nation, pueblo,
village, community, component band, or component
reservation, individually identified (including
parenthetically) in the list published most recently as
of the date of enactment of this Act pursuant to
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
(10) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Oceans and
Atmosphere.
SEC. 11302. ASSISTANCE TO PORTS TO REDUCE IMPACTS OF VESSEL TRAFFIC AND
PORT OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary, in consultation
with the Director of the United States Fish and Wildlife
Service, the Secretary, the Secretary of Defense, and the
Administrator of the Maritime Administration, shall establish a
grant program to provide assistance to eligible entities to
develop and implement mitigation measures that will lead to a
quantifiable reduction in threats to marine mammals from vessel
traffic, including shipping activities and port operations.
(b) Eligible Uses.--Assistance provided under subsection (a)
may be used to develop, assess, and carry out activities that
reduce threats to marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing mortality and serious injury from vessel
strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are
consistent with reducing the threats to, and enhancing
the habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments
in developing the capacity to receive assistance under
this section through education, training, information
sharing, and collaboration to participate in the grant
program under this section.
(c) Priority.--The Under Secretary shall prioritize providing
assistance under subsection (a) for projects that--
(1) are based on the best available science with
respect to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and
the reduction of such threats;
(3) assist ports that pose a higher relative threat
to marine mammals listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(4) are in close proximity to areas in which
threatened or endangered cetaceans are known to
experience other stressors; or
(5) allow eligible entities to conduct risk
assessments and to track progress toward threat
reduction.
(d) Outreach.--The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration,
and the Director of the United States Fish and Wildlife
Service, as appropriate, shall conduct coordinated outreach to
ports to provide information with respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons,
including the best practices and lessons learned from
activities carried out using such assistance.
(e) Report Required.--Not less frequently than annually, the
Under Secretary shall make available to the public on a
publicly accessible website of the National Oceanic and
Atmospheric Administration a report that includes the following
information:
(1) The name and location of each entity to which
assistance was awarded under subsection (a) during the
year preceding submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with
each such award.
(4) An estimate of the likely impact of such
activities on the reduction of threats to marine
mammals.
(f) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government,
or an Alaska Native or Native Hawaiian entity that has
jurisdiction over a maritime port authority or a port;
(3) an academic institution, research institution, or
nonprofit organization working in partnership with a
port; or
(4) a consortium of entities described in paragraphs
(1) through (3).
(g) Funding.--From funds otherwise appropriated to the Under
Secretary, $10,000,000 is authorized to carry out this section
for each of fiscal years 2023 through 2028.
(h) Savings Clause.--An activity may not be carried out under
this section if the Secretary of Defense, in consultation with
the Under Secretary, determines that the activity would
negatively impact the defense readiness or the national
security of the United States.
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary, in coordination with
the heads of other relevant Federal agencies, shall design and
deploy a cost-effective, efficient, and results-oriented near
real-time monitoring and mitigation program (referred to in
this section as the ``Program'') for threatened or endangered
cetaceans.
(b) Purpose.--The purpose of the Program shall be to reduce
the risk to large cetaceans posed by vessel collisions and to
minimize other impacts on large cetaceans through the use of
near real-time location monitoring and location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which
impacts from vessel collisions are of particular
concern;
(2) prioritize areas where such impacts are of
particular concern;
(3) be capable of detecting and alerting ocean users
and enforcement agencies of the probable location of
large cetaceans on an actionable real-time basis,
including through real-time data whenever possible;
(4) inform sector-specific mitigation protocols to
effectively reduce takes (as defined in section 216.3
of title 50, Code of Federal Regulations, or successor
regulations) of large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods,
and mitigation protocols developed under the pilot
project required under subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the
Under Secretary shall first establish a pilot
monitoring and mitigation project (referred to in this
section as the ``pilot project'') for North Atlantic
right whales for the purposes of informing the Program.
(2) Requirements.--In designing and deploying the
pilot project, the Under Secretary, in coordination
with the heads of other relevant Federal agencies,
shall, using the best available scientific information,
identify and ensure coverage of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving,
rearing, or migratory habitats of North
Atlantic right whales that co-occur with areas
of high risk of mortality or serious injury of
such whales from vessels, vessel strikes, or
disturbance.
(3) Components.--Not later than 3 years after the
date of enactment of this Act, the Under Secretary, in
consultation with relevant Federal agencies and Tribal
governments, and with input from affected stakeholders,
shall design and deploy a near real-time monitoring
system for North Atlantic right whales that--
(A) comprises the best available detection
power, spatial coverage, and survey effort to
detect and localize North Atlantic right whales
within habitats described in paragraph (2);
(B) is capable of detecting North Atlantic
right whales, including visually and
acoustically;
(C) uses dynamic habitat suitability models
to inform the likelihood of North Atlantic
right whale occurrence habitats described in
paragraph (2) at any given time;
(D) coordinates with the Integrated Ocean
Observing System of the National Oceanic and
Atmospheric Administration and Regional Ocean
Partnerships to leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring
methods and technologies as such methods and
technologies become available;
(G) accurately verifies and rapidly
communicates detection data to appropriate
ocean users;
(H) creates standards for contributing, and
allows ocean users to contribute, data to the
monitoring system using comparable near real-
time monitoring methods and technologies;
(I) communicates the risks of injury to large
cetaceans to ocean users in a manner that is
most likely to result in informed decision-
making regarding the mitigation of those risks;
and
(J) minimizes additional stressors to large
cetaceans as a result of the information
available to ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2
years after the date of enactment of
this Act, the Under Secretary shall
submit to the Committee on Commerce,
Science, and Transportation of the
Senate and the Committee on Natural
Resources of the House of
Representatives, and make available to
the public, a preliminary report on the
pilot project.
(ii) Elements.--The report required
under clause (i) shall include the
following:
(I) A description of the
monitoring methods and
technology in use or planned
for deployment under the pilot
project.
(II) An analysis of the
efficacy of the methods and
technology in use or planned
for deployment for detecting
North Atlantic right whales.
(III) An assessment of the
manner in which the monitoring
system designed and deployed
under this subsection is
directly informing and
improving the management,
health, and survival of North
Atlantic right whales.
(IV) A prioritized
identification of technology or
research gaps.
(V) A plan to communicate the
risks of injury to large
cetaceans to ocean users in a
manner that is most likely to
result in informed decision
making regarding the mitigation
of such risks.
(VI) Any other information on
the potential benefits and
efficacy of the pilot project
the Under Secretary considers
appropriate.
(B) Final report.--
(i) In general.--Not later than 6
years after the date of enactment of
this Act, the Under Secretary, in
coordination with the heads of other
relevant Federal agencies, shall submit
to the Committee on Commerce, Science,
and Transportation of the Senate and
the Committee on Natural Resources of
the House of Representatives, and make
available to the public, a final report
on the pilot project.
(ii) Elements.--The report required
under clause (i) shall--
(I) address the preliminary
report required under
subparagraph (A); and
(II) include--
(aa) an assessment of
the benefits and
efficacy of the pilot
project;
(bb) a strategic plan
to expand the pilot
project to provide near
real-time monitoring
and mitigation
measures--
(AA) to
additional
large cetaceans
of concern for
which such
measures would
reduce risk of
serious injury
or death; and
(BB) in
important
feeding,
breeding,
calving,
rearing, or
migratory
habitats of
large cetaceans
that co-occur
with areas of
high risk of
mortality or
serious injury
from vessel
strikes or
disturbance;
(cc) a budget and
description of funds
necessary to carry out
such plan;
(dd) a prioritized
plan for acquisition,
deployment, and
maintenance of
monitoring
technologies; and
(ee) the locations or
species to which such
plan would apply.
(e) Mitigation Protocols.--The Under Secretary, in
consultation with the Secretary, the Secretary of Defense, the
Secretary of Transportation, and the Secretary of the Interior,
and with input from affected stakeholders, shall develop and
deploy mitigation protocols that make use of any monitoring
system designed and deployed under this section to direct
sector-specific mitigation measures that avoid and
significantly reduce risk of serious injury and mortality to
North Atlantic right whales.
(f) Access to Data.--The Under Secretary shall provide access
to data generated by any monitoring system designed and
deployed under this section for purposes of scientific research
and evaluation and public awareness and education, including
through the Right Whale Sighting Advisory System of the
National Oceanic and Atmospheric Administration and WhaleMap or
other successor public website portals, subject to review for
national security considerations.
(g) Additional Authority.--The Under Secretary may enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out this section on
such terms as the Under Secretary considers appropriate,
consistent with the Federal Acquisition Regulation.
(h) Savings Clause.--An activity may not be carried out under
this section if the Secretary of Defense, in consultation with
the Under Secretary, determines that the activity would
negatively impact the defense readiness or the national
security of the United States.
(i) Funding.--From funds otherwise appropriated to the Under
Secretary $5,000,000 is authorized to support development,
deployment, application, and ongoing maintenance of the Program
and to otherwise carry out this section for each of fiscal
years 2023 through 2027.
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND
REGION.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary, with the
concurrence of the Under Secretary, shall carry out a
pilot program to establish a Cetacean Desk, which shall
be--
(A) located and manned within the Puget Sound
Vessel Traffic Service; and
(B) designed--
(i) to improve coordination with the
maritime industry to reduce the risk of
vessel impacts on large cetaceans,
including impacts from vessel strikes,
disturbances, and other sources; and
(ii) to monitor the presence and
location of large cetaceans during the
months during which such large
cetaceans are present in Puget Sound,
the Strait of Juan de Fuca, and the
United States portion of the Salish
Sea.
(2) Duration and staffing.--The pilot program
required under paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-
time equivalent position, who shall
also contribute to other necessary
Puget Sound Vessel Traffic Service
duties and responsibilities as needed;
and
(B) may be supported by other existing
Federal employees, as appropriate.
(b) Engagement With Vessel Operators.--
(1) In general.--In carrying out the pilot program
required under subsection (a), the Secretary shall
require personnel of the Cetacean Desk to engage with
vessel operators in areas where large cetaceans have
been seen or could reasonably be present to ensure
compliance with applicable laws, regulations, and
voluntary guidance, to reduce the impact of vessel
traffic on large cetaceans.
(2) Contents.--In engaging with vessel operators as
required under paragraph (1), personnel of the Cetacean
Desk shall communicate where and when sightings of
large cetaceans have occurred.
(c) Memorandum of Understanding.--The Secretary and the Under
Secretary may enter into a memorandum of understanding to
facilitate real-time sharing of data relating to large
cetaceans between the Quiet Sound program of the State of
Washington, the National Oceanic and Atmospheric
Administration, the Puget Sound Vessel Traffic Service, and
other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data
collection methods, the program required by section 11303, and
public data to ensure accurate and timely information on the
sighting of large cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program
required under subsection (a), the Secretary shall
consult with Tribal governments, the State of
Washington, institutions of higher education, the
maritime industry, ports in the Puget Sound region, and
nongovernmental organizations.
(2) Coordination with canada.--When appropriate, the
Secretary shall coordinate with the Government of
Canada, consistent with policies and agreements
relating to management of vessel traffic in Puget
Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and
Policy.--The Secretary, with the concurrence of the Under
Secretary and in consultation with the Captain of the Port for
the Puget Sound region--
(1) shall implement local variances, as authorized by
subsection (c) of section 70001 of title 46, United
States Code, to reduce the impact of vessel traffic on
large cetaceans; and
(2) may enter into cooperative agreements, in
accordance with subsection (d) of such section, with
Federal, State, Tribal, and local officials to reduce
the likelihood of vessel interactions with protected
large cetaceans, which may include--
(A) communicating marine mammal protection
guidance to vessels;
(B) training on requirements imposed by
local, State, Tribal, and Federal laws and
regulations and guidelines concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for
vessels;
(iv) protected areas, including areas
designated as critical habitat, as
applicable to marine operations; and
(v) any other activities to reduce
the direct and indirect impact of
vessel traffic on large cetaceans;
(C) training to understand, utilize, and
communicate large cetacean location data; and
(D) training to understand and communicate
basic large cetacean detection, identification,
and behavior, including--
(i) cues of the presence of large
cetaceans such as spouts, water
disturbances, breaches, or presence of
prey;
(ii) important feeding, breeding,
calving, and rearing habitats that co-
occur with areas of high risk of vessel
strikes;
(iii) seasonal large cetacean
migration routes that co-occur with
areas of high risk of vessel strikes;
and
(iv) areas designated as critical
habitat for large cetaceans.
(g) Report Required.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter for the
duration of the pilot program, the Commandant, in coordination
with the Under Secretary and the Administrator of the Maritime
Administration, shall submit to the appropriate congressional
committees a report that--
(1) evaluates the functionality, utility,
reliability, responsiveness, and operational status of
the Cetacean Desk established under this section,
including a quantification of reductions in vessel
strikes to large cetaceans as a result of the pilot
program;
(2) assesses the efficacy of communication between
the Cetacean Desk and the maritime industry and
provides recommendations for improvements;
(3) evaluates the integration and interoperability of
existing data collection methods, as well as public
data, into the Cetacean Desk operations;
(4) assesses the efficacy of collaboration and
stakeholder engagement with Tribal governments, the
State of Washington, institutions of higher education,
the maritime industry, ports in the Puget Sound region,
and nongovernmental organizations; and
(5) evaluates the progress, performance, and
implementation of guidance and training procedures for
Puget Sound Vessel Traffic Service personnel, as
required under subsection (f).
SEC. 11305. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and
expand an ocean soundscape development program to--
(1) award grants to expand the deployment of Federal
and non-Federal observing and data management systems
capable of collecting measurements of underwater sound
for purposes of monitoring and analyzing baselines and
trends in the underwater soundscape to protect and
manage marine life;
(2) continue to develop and apply standardized forms
of measurements to assess sounds produced by marine
animals, physical processes, and anthropogenic
activities; and
(3) after coordinating with the Secretary of Defense,
coordinate and make accessible to the public the
datasets, modeling and analysis, and user-driven
products and tools resulting from observations of
underwater sound funded through grants awarded under
paragraph (1).
(b) Coordination.--The program described in subsection (a)
shall--
(1) include the Ocean Noise Reference Station Network
of the National Oceanic and Atmospheric Administration
and the National Park Service;
(2) use and coordinate with the Integrated Ocean
Observing System; and
(3) coordinate with the Regional Ocean Partnerships
and the Director of the United States Fish and Wildlife
Service, as appropriate.
(c) Priority.--In awarding grants under subsection (a), the
Under Secretary shall consider the geographic diversity of the
recipients of such grants.
(d) Savings Clause.--An activity may not be carried out under
this section if the Secretary of Defense, in consultation with
the Under Secretary, determines that the activity would
negatively impact the defense readiness or the national
security of the United States.
(e) Funding.--From funds otherwise appropriated to the Under
Secretary, $1,500,000 is authorized for each of fiscal years
2023 through 2028 to carry out this section.
Subtitle B--Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(c)(3)) is amended by adding at the end the
following:
``(C) In any case in which the President or the
Federal On-Scene Coordinator authorizes a deviation
from the salvor as part of a deviation under
subparagraph (B) from the applicable response plan
required under subsection (j), the Commandant of the
Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing
the deviation and the reasons for such deviation not
less than 3 days after such deviation is authorized.''.
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a
contract with the Coast Guard for the containment or removal of
a discharge entered into by the President under section 311(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1321(c))
shall contain a provision to indemnify a contractor for
liabilities and expenses incidental to the containment or
removal arising out of the performance of the contract that is
substantially identical to the terms contained in subsections
(d) through (h) of section H.4 (except for paragraph (1) of
subsection (d)) of the contract offered by the Coast Guard in
the solicitation numbered DTCG89-98- A-68F953, dated November
17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the
obligation to indemnify is limited to funds available
in the Oil Spill Liability Trust Fund established by
section 9509(a) of the Internal Revenue Code of 1986 at
the time the claim for indemnity is made.
(2) Uncompensated removal.--A claim for indemnity
under a contract described in subsection (a) shall be
made as a claim for uncompensated removal costs under
section 1012(a)(4) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim
under a contract described in subsection (a) may not be
more than $50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection
(a), the United States shall not be obligated to indemnify a
contractor for any act or omission of the contractor carried
out pursuant to a contract entered into under this section
where such act or omission is grossly negligent or which
constitutes willful misconduct.
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere
shall include in the Automated Data Inquiry for Oil Spills
database (or a successor database) used by National Oceanic and
Atmospheric Administration oil weathering models new data,
including peer-reviewed data, on properties of crude and
refined oils, including data on diluted bitumen, as such data
becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 323. Western Alaska Oil Spill Planning Criteria Program
``(a) Establishment.--There is established within the Coast
Guard a Western Alaska Oil Spill Planning Criteria Program
(referred to in this section as the `Program') to develop and
administer the Western Alaska oil spill planning criteria.
``(b) Program Manager.--
``(1) In general.--Not later than 1 year after the
date of enactment of this section, the Commandant shall
select a permanent civilian career employee through a
competitive search process for a term of not less than
5 years to serve as the Western Alaska Oil Spill
Criteria Program Manager (referred to in this section
as the `Program Manager')--
``(A) the primary duty of whom shall be to
administer the Program; and
``(B) who shall not be subject to frequent or
routine reassignment.
``(2) Conflicts of interest.--The individual selected
to serve as the Program Manager shall not have
conflicts of interest relating to entities regulated by
the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program
Manager shall develop guidance for--
``(i) approval, drills, and testing
relating to the Western Alaska oil
spill planning criteria; and
``(ii) gathering input concerning
such planning criteria from Federal
agencies, State and local governments,
Tribes, and relevant industry and
nongovernmental entities.
``(B) Assessments.--Not less frequently than
once every 5 years, the Program Manager shall--
``(i) assess whether such existing
planning criteria adequately meet the
needs of vessels operating in the
geographic area; and
``(ii) identify methods for advancing
response capability so as to achieve,
with respect to a vessel, compliance
with national planning criteria.
``(C) Onsite verifications.--The Program
Manager shall address the relatively small
number and limited nature of verifications of
response capabilities for vessel response plans
by increasing, within the Seventeenth Coast
Guard District, the quantity and frequency of
onsite verifications of the providers
identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge
and proficiency of Coast Guard personnel with respect to the
Program by--
``(1) developing formalized training on the Program
that, at a minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria
described in part 155 of title 33, Code
of Federal Regulations (as in effect on
the date of enactment of this section);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill
planning criteria;
``(iv) Captain of the Port and
Federal On-Scene Coordinator
authorities related to activation of a
vessel response plan;
``(v) the responsibilities of vessel
owners and operators in preparing a
vessel response plan for submission;
and
``(vi) responsibilities of the Area
Committee, including risk analysis,
response capability, and development of
alternative planning criteria;
``(B) explains the approval processes of
vessel response plans that involve alternative
planning criteria or Western Alaska oil spill
planning criteria; and
``(C) provides instruction on the processes
involved in carrying out the actions described
in paragraphs (9)(D) and (9)(F) of section
311(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)), including instruction
on carrying out such actions--
``(i) in any geographic area in the
United States; and
``(ii) specifically in the
Seventeenth Coast Guard District; and
``(2) providing such training to all Coast Guard
personnel involved in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term
`alternative planning criteria' means criteria
submitted under section 155.1065 or 155.5067 of title
33, Code of Federal Regulations (as in effect on the
date of enactment of this section), for vessel response
plans.
``(2) Tribe.--The term `Tribe' has the meaning given
the term `Indian Tribe' in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(3) Vessel response plan.--The term `vessel
response plan' means a plan required to be submitted by
the owner or operator of a tank vessel or a nontank
vessel under regulations issued by the President under
section 311(j)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--
The term `Western Alaska oil spill planning criteria'
means the criteria required to be established under
paragraph (9) of section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3
of title 14, United States Code, is amended by adding
at the end the following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by
adding at the end the following:
``(9) Western alaska oil spill planning criteria
program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning
criteria.--The term `alternative
planning criteria' means criteria
submitted under section 155.1065 or
155.5067 of title 33, Code of Federal
Regulations (as in effect on the date
of enactment of this paragraph), for
vessel response plans.
``(ii) Prince william sound captain
of the port zone.--The term `Prince
William Sound Captain of the Port Zone'
means the area described in section
3.85-15(b) of title 33, Code of Federal
Regulations (or successor regulations).
``(iii) Secretary.--The term
`Secretary' means the Secretary of the
department in which the Coast Guard is
operating.
``(iv) Vessel response plan.--The
term `vessel response plan' means a
plan required to be submitted by the
owner or operator of a tank vessel or a
nontank vessel under regulations issued
by the President under paragraph (5).
``(v) Western alaska captain of the
port zone.--The term `Western Alaska
Captain of the Port Zone' means the
area described in section 3.85-15(a) of
title 33, Code of Federal Regulations
(as in effect on the date of enactment
of this paragraph).
``(B) Requirement.--Except as provided in
subparagraph (I), for any part of the area of
responsibility of the Western Alaska Captain of
the Port Zone or the Prince William Sound
Captain of the Port Zone for which the
Secretary has determined that the national
planning criteria established pursuant to this
subsection are inappropriate for a vessel
operating in such area, a vessel response plan
with respect to a discharge of oil for such a
vessel shall comply with the Western Alaska oil
spill planning criteria established under
subparagraph (D)(i).
``(C) Relation to national planning
criteria.--The Western Alaska oil spill
planning criteria established under
subparagraph (D)(i) shall, with respect to a
discharge of oil from a vessel described in
subparagraph (B), apply in lieu of any
alternative planning criteria accepted for
vessels operating, prior to the date on which
the Western Alaska oil spill planning criteria
are established, in any part of the area of
responsibility of the Western Alaska Captain of
the Port Zone or the Prince William Sound
Captain of the Port Zone for which the
Secretary has determined that the national
planning criteria established pursuant to this
subsection are inappropriate for a vessel
operating in such area.
``(D) Establishment of western alaska oil
spill planning criteria.--
``(i) In general.--The President,
acting through the Commandant, in
consultation with the Western Alaska
Oil Spill Criteria Program Manager
selected under section 323 of title 14,
United States Code, shall establish--
``(I) Western Alaska oil
spill planning criteria for a
worst case discharge of oil,
and a substantial threat of
such a discharge, within any
part of the area of
responsibility of the Western
Alaska Captain of the Port Zone
or Prince William Sound Captain
of the Port Zone for which the
Secretary has determined that
the national planning criteria
established pursuant to this
subsection are inappropriate
for a vessel operating in such
area; and
``(II) standardized
submission, review, approval,
and compliance verification
processes for the Western
Alaska oil spill planning
criteria established under this
clause, including the quantity
and frequency of drills and on-
site verifications of vessel
response plans approved
pursuant to such planning
criteria.
``(ii) Development of subregions.--
``(I) Development.--After
establishing the Western Alaska
oil spill planning criteria
under clause (i), and if
necessary to adequately reflect
the needs and capabilities of
various locations within the
Western Alaska Captain of the
Port Zone, the President,
acting through the Commandant,
and in consultation with the
Western Alaska Oil Spill
Criteria Program Manager
selected under section 323 of
title 14, United States Code,
may develop subregions for
which planning criteria may
differ from planning criteria
for other subregions in the
Western Alaska Captain of the
Port Zone.
``(II) Limitation.--Any
planning criteria for a
subregion developed under this
clause may not be less
stringent than the Western
Alaska oil spill planning
criteria established under
clause (i).
``(iii) Assessment.--
``(I) In general.--Prior to
developing a subregion, the
President, acting through the
Commandant, shall conduct an
assessment on any potential
impacts to the entire Western
Alaska Captain of the Port Zone
to include quantity and
availability of response
resources in the proposed
subregion and in surrounding
areas and any changes or
impacts to surrounding areas
resulting in the development of
a subregion with different
standards.
``(II) Consultation.--In
conducting an assessment under
this clause, the President,
acting through the Commandant,
shall consult with State and
local governments, Tribes (as
defined in section 323 of title
14, United States Code), the
owners and operators that would
operate under the proposed
subregions, oil spill removal
organizations, Alaska Native
organizations, and
environmental nongovernmental
organizations, and shall take
into account any experience
with the prior use of
subregions within the State of
Alaska.
``(III) Submission.--The
President, acting through the
Commandant, shall submit the
results of an assessment
conducted under this clause to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Commerce, Science,
and Transportation of the
Senate.
``(E) Inclusions.--
``(i) Requirements.--The Western
Alaska oil spill planning criteria
established under subparagraph (D)(i)
shall include planning criteria for the
following:
``(I) Mechanical oil spill
response resources that are
required to be located within
any part of the area of
responsibility of the Western
Alaska Captain of the Port Zone
or the Prince William Sound
Captain of the Port Zone for
which the Secretary has
determined that the national
planning criteria established
pursuant to this subsection are
inappropriate for a vessel
operating in such area.
``(II) Response times for
mobilization of oil spill
response resources and arrival
on the scene of a worst case
discharge of oil, or
substantial threat of such a
discharge, occurring within
such part of such area.
``(III) Pre-identified
vessels for oil spill response
that are capable of operating
in the ocean environment.
``(IV) Ensuring the
availability of at least 1 oil
spill removal organization that
is classified by the Coast
Guard and that--
``(aa) is capable of
responding in all
operating environments
in such part of such
area;
``(bb) controls oil
spill response
resources of dedicated
and nondedicated
resources within such
part of such area,
through ownership,
contracts, agreements,
or other means approved
by the President,
sufficient--
``(AA) to
mobilize and
sustain a
response to a
worst case
discharge of
oil; and
``(BB) to
contain,
recover, and
temporarily
store
discharged oil;
``(cc) has pre-
positioned oil spill
response resources in
strategic locations
throughout such part of
such area in a manner
that ensures the
ability to support
response personnel,
marine operations, air
cargo, or other related
logistics
infrastructure;
``(dd) has temporary
storage capability
using both dedicated
and non-dedicated
assets located within
such part of such area;
``(ee) has non-
mechanical oil spill
response resources
capable of responding
to a discharge of
persistent oil and a
discharge of
nonpersistent oil,
whether the discharged
oil was carried by a
vessel as fuel or
cargo; and
``(ff) has wildlife
response resources for
primary, secondary, and
tertiary responses to
support carcass
collection, sampling,
deterrence, rescue, and
rehabilitation of
birds, sea turtles,
marine mammals, fishery
resources, and other
wildlife.
``(V) With respect to tank
barges carrying nonpersistent
oil in bulk as cargo, oil spill
response resources that are
required to be carried on
board.
``(VI) Specifying a minimum
length of time that approval of
a vessel response plan under
this paragraph is valid.
``(VII) Managing wildlife
protection and rehabilitation,
including identified wildlife
protection and rehabilitation
resources in that area.
``(ii) Additional considerations.--
The Western Alaska oil spill planning
criteria established under subparagraph
(D)(i) may include planning criteria
for the following:
``(I) Vessel routing measures
consistent with international
routing measure deviation
protocols.
``(II) Maintenance of real-
time continuous vessel
tracking, monitoring, and
engagement protocols with the
ability to detect and address
vessel operation anomalies.
``(F) Requirement for approval.--The
President may approve a vessel response plan
for a vessel under this paragraph only if the
owner or operator of the vessel demonstrates
the availability of the oil spill response
resources required to be included in the vessel
response plan under the Western Alaska oil
spill planning criteria established under
subparagraph (D)(i).
``(G) Periodic audits.--The Secretary shall
conduct periodic audits to ensure compliance of
vessel response plans and oil spill removal
organizations within the Western Alaska Captain
of the Port Zone and the Prince William Sound
Captain of the Port Zone with the Western
Alaska oil spill planning criteria established
under subparagraph (D)(i).
``(H) Review of determination.--Not less
frequently than once every 5 years, the
Secretary shall review each determination of
the Secretary under subparagraph (B) that the
national planning criteria established pursuant
to this subsection are inappropriate for a
vessel operating in the area of responsibility
of the Western Alaska Captain of the Port Zone
and the Prince William Sound Captain of the
Port Zone.
``(I) Vessels in cook inlet.--Unless
otherwise authorized by the Secretary, a vessel
may only operate in Cook Inlet, Alaska, under a
vessel response plan approved under paragraph
(5) that meets the requirements of the national
planning criteria established pursuant to this
subsection.
``(J) Savings provisions.--Nothing in this
paragraph affects--
``(i) the requirements under this
subsection applicable to vessel
response plans for vessels operating
within the area of responsibility of
the Western Alaska Captain of the Port
Zone, within Cook Inlet, Alaska;
``(ii) the requirements under this
subsection applicable to vessel
response plans for vessels operating
within the area of responsibility of
the Prince William Sound Captain of the
Port Zone that are subject to section
5005 of the Oil Pollution Act of 1990
(33 U.S.C. 2735); or
``(iii) the authority of a Federal
On-Scene Coordinator to use any
available resources when responding to
an oil spill.''.
(2) Establishment of western alaska oil spill
planning criteria.--
(A) Deadline.--Not later than 2 years after
the date of enactment of this Act, the
President shall establish the Western Alaska
oil spill planning criteria required to be
established under paragraph (9)(D)(i) of
section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)).
(B) Consultation.--In establishing the
Western Alaska oil spill planning criteria
described in subparagraph (A), the President
shall consult with the Federal agencies, State
and local governments, Tribes (as defined in
section 323 of title 14, United States Code),
the owners and operators that would be subject
to such planning criteria, oil spill removal
organizations, Alaska Native organizations, and
environmental nongovernmental organizations.
(C) Congressional report.--Not later than 2
years after the date of enactment of this Act,
the Secretary shall submit to Congress a report
describing the status of implementation of
paragraph (9) of section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C.
1321(j)).
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(4)) is amended by striking ``damages;'' and
inserting ``damages, including, in the case of a spill of
national significance that results in extraordinary Coast Guard
claims processing activities, the administrative and personnel
costs of the Coast Guard to process such claims (including the
costs of commercial claims processing, expert services,
training, and technical services), subject to the condition
that the Coast Guard shall submit to Congress a report
describing each spill of national significance not later than
30 days after the date on which the Coast Guard determines it
necessary to process such claims;''.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL POLLUTION
FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33
U.S.C. 2705(b)(4)) is amended--
(1) by striking ``The interest paid'' and inserting
the following:
``(A) In general.--The interest paid for
claims, other than Federal Government cost
recovery claims,''; and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The
interest paid for Federal Government cost
recovery claims under this section shall be
calculated in accordance with section 3717 of
title 31, United States Code.''.
SEC. 11312. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal
Revenue Code of 1986 is amended--
(1) in clause (i) by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000'';
(2) in clause (ii) by striking ``$500,000,000'' and
inserting ``$750,000,000''; and
(3) in the heading by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000''.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C.
2752) is amended by striking subsection (b) and inserting the
following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply
to--
``(A) section 1006(f), 1012(a)(4), or 5006;
or
``(B) an amount, which may not exceed
$50,000,000 in any fiscal year, made available
by the President from the Fund--
``(i) to carry out section 311(c) of
the Federal Water Pollution Control Act
(33 U.S.C. 1321(c)); and
``(ii) to initiate the assessment of
natural resources damages required
under section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the
amount described in subparagraph (B) of
paragraph (1) is not adequate to carry out the
activities described in such subparagraph, the
Coast Guard may obtain 1 or more advances from
the Fund as may be necessary, up to a maximum
of $100,000,000 for each advance, with the
total amount of advances not to exceed the
amounts available under section 9509(c)(2) of
the Internal Revenue Code of 1986.
``(B) Notification to congress.--Not later
than 30 days after the date on which the Coast
Guard obtains an advance under subparagraph
(A), the Coast Guard shall notify Congress of--
``(i) the amount advanced; and
``(ii) the facts and circumstances
that necessitated the advance.
``(C) Repayment.--Amounts advanced under this
paragraph shall be repaid to the Fund when, and
to the extent that, removal costs are recovered
by the Coast Guard from responsible parties for
the discharge or substantial threat of
discharge.
``(3) Availability.--Amounts to which this subsection
applies shall remain available until expended.''.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C.
2712) is amended--
(1) in subsection (a)(1)(B) by striking ``by a
Governor or designated State official'' and inserting
``by a State, a political subdivision of a State, or an
Indian tribe, pursuant to a cost-reimbursable
agreement'';
(2) by striking subsections (d) and (e) and inserting
the following:
``(d) Cost-Reimbursable Agreement.--
``(1) In general.--In carrying out section 311(c) of
the Federal Water Pollution Control Act (33 U.S.C.
1321(c)), the President may enter into cost-
reimbursable agreements with a State, a political
subdivision of a State, or an Indian tribe to obligate
the Fund for the payment of removal costs consistent
with the National Contingency Plan.
``(2) Inapplicability.--Chapter 63 and section 1535
of title 31, United States Code shall not apply to a
cost-reimbursable agreement entered into under this
subsection.''; and
(3) by redesignating subsections (f), (h), (i), (j),
(k), and (l) as subsections (e), (f), (g), (h), (i),
and (j), respectively.
SEC. 11315. OIL SPILL RESPONSE REVIEW.
(a) In General.--Subject to the availability of
appropriations, the Commandant shall develop and carry out a
program--
(1) to increase collection and improve the quality of
incident data on oil spill location and response
capability by periodically evaluating the data,
documentation, and analysis of--
(A) Coast Guard-approved vessel response
plans, including vessel response plan audits
and assessments;
(B) oil spill response drills conducted under
section 311(j)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(7))
that occur within the Marine Transportation
System; and
(C) responses to oil spill incidents that
require mobilization of contracted response
resources;
(2) to improve the effectiveness of vessel response
plans by--
(A) systematically reviewing the capacity of
an oil spill response organization identified
in a vessel response plan to provide the
specific response resources, such as private
personnel, equipment, other vessels identified
in such vessel response plan; and
(B) approving a vessel response plan only
after confirming the identified oil spill
response organization has the capacity to
provide such response resources;
(3) to update, not less frequently than annually,
information contained in the Coast Guard Response
Resource Inventory and other Coast Guard tools used to
document the availability and status of oil spill
response equipment, so as to ensure that such
information remains current; and
(4) subject to section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information
Act''), to make data collected under paragraph (1)
available to the public.
(b) Policy.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall issue a policy--
(1) to establish processes to maintain the program
under subsection (a) and support Coast Guard oil spill
prevention and response activities, including by
incorporating oil spill incident data from after-action
oil spill reports and data ascertained from vessel
response plan exercises and audits into--
(A) review and approval process standards and
metrics;
(B) alternative planning criteria review
processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section
70001 of title 46, United States Code,
including lessons learned from reportable
marine casualties;
(E) processes and standards which mitigate
the impact of military personnel rotations in
Coast Guard field units on knowledge and
awareness of vessel response plan requirements,
including knowledge relating to the evaluation
of proposed alternatives to national planning
requirements; and
(F) processes and standards which evaluate
the consequences of reporting inaccurate data
in vessel response plans submitted to the
Commandant pursuant to part 300 of title 40,
Code of Federal Regulations, and submitted for
storage in the Marine Information for Safety
and Law Enforcement database pursuant to
section 300.300 of such title (or any successor
regulation);
(2) to standardize and develop tools, training, and
other relevant guidance that may be shared with vessel
owners and operators to assist with accurately
calculating and measuring the performance and viability
of proposed alternatives to national planning criteria
requirements and Area Contingency Plans administered by
the Coast Guard;
(3) to improve training of Coast Guard personnel to
ensure continuity of planning activities under this
section, including by identifying ways in which
civilian staffing may improve the continuity of
operations; and
(4) to increase Federal Government engagement with
State, local, and Tribal governments and stakeholders
so as to strengthen coordination and efficiency of oil
spill responses.
(c) Periodic Updates.--Not less frequently than every 5
years, the Commandant shall update the processes established
under subsection (b)(1) to incorporate relevant analyses of--
(1) incident data on oil spill location and response
quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects
of such response on the environment;
(4) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(j)(7));
(5) marine casualties reported to the Coast Guard;
and
(6) near miss incidents documented by a vessel
traffic service center (as such terms are defined in
sections 70001(m) of title 46, United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 5
years, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a briefing on the status
of ongoing and planned efforts to improve the
effectiveness and oversight of the program established
under subsection (a) and vessel response plan
approvals.
(2) Public availability.--The Commandant shall
publish the briefing required under paragraph (1) on a
publicly accessible website of the Coast Guard.
SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review existing
Coast Guard policies with respect to exceptions to the
applicability of subchapter M of chapter I of title 46, Code of
Federal Regulations (or successor regulations), for--
(1) an oil spill response vessel, or a vessel of
opportunity, while such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response
exercise; and
(2) a fishing vessel while that vessel is operating
as a vessel of opportunity.
(b) Policy.--Not later than 180 days after the conclusion of
the review required under subsection (a), the Secretary shall
revise or issue any necessary policy to clarify the
applicability of subchapter M of chapter I of title 46, Code of
Federal Regulations (or successor regulations) to the vessels
described in subsection (a). Such a policy shall ensure safe
and effective operation of such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The
terms ``fishing vessel'' and ``oil spill response
vessel'' have the meanings given such terms in section
2101 of title 46, United States Code.
(2) Vessel of opportunity.--The term ``vessel of
opportunity'' means a vessel engaged in spill response
activities that is normally and substantially involved
in activities other than spill response and not a
vessel carrying oil as a primary cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016
(Public Law 114-120) is amended--
(1) in subsection (b)(2) by striking ``BSNC'' and
inserting the following: ``BSNC (to serve as Council
Chair).
``(3) The Denali Commission.
``(4) An oil spill removal organization that serves
the area in which such Port is located.
``(5) A salvage and marine firefighting organization
that serves the area in which such Port is located.'';
and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking
the semicolon and inserting ``; and'';
(ii) by striking ``; and'' and
inserting the following: ``at Point
Spencer in support of the activities
for which Congress finds a compelling
need in section 531 of this
subtitle.''; and
(iii) by striking subparagraph (D);
and
(B) by striking paragraph (3) and inserting
the following:
``(3) Facilitate coordination among members of the
Council on the development and use of the land and
coastline of Point Spencer, as such development and use
relate to activities of the Council at the Port of
Point Spencer.''.
Subtitle C--Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Subchapter I of chapter 700 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 70007. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department
in which the Coast Guard is operating shall define and
establish anchorage grounds in the navigable waters of
the United States for vessels operating in such waters.
``(2) Relevant factors for establishment.--In
carrying out paragraph (1), the Secretary shall take
into account all relevant factors concerning
navigational safety, protection of the marine
environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation
System, and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type
determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the
duration of an anchorage;
``(2) comply with any directions or orders issued by
the Captain of the Port; and
``(3) comply with any applicable anchorage
regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances
determined by the Coast Guard, to an undersea pipeline
or cable, unless authorized or directed to by the
Captain of the Port; and
``(3) anchor or remain anchored in an anchorage
ground during any period in which the Captain of the
Port orders closure of the anchorage ground due to
inclement weather, navigational hazard, a threat to the
environment, or other safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be
construed to prevent a vessel from taking actions necessary to
maintain the safety of the vessel or to prevent the loss of
life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
review existing policies, final agency actions,
regulations, or other rules relating to anchorage
promulgated under section 70006 of title 46, United
States Code and--
(A) identify any such regulations or rules
that may need modification or repeal--
(i) in the interest of marine safety,
security, and environmental concerns,
taking into account undersea pipelines,
cables, or other infrastructure; or
(ii) to implement the amendments made
by this section; and
(B) complete a cost-benefit analysis for any
modification or repeal identified under
paragraph (1).
(2) Briefing.--Upon completion of the review under
paragraph (1), but not later than 2 years after the
date of enactment of this Act, the Secretary shall
provide a briefing to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives that summarizes such review.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act,
to the captain of a port with respect to safety measures or any
other authority as necessary for the safety of vessels located
in anchorage grounds in the navigable waters of the United
States.
(d) Clerical Amendment.--The analysis for chapter 700 of
title 46, United States Code, is amended by inserting after the
item relating to section 70006 the following:
``70007. Anchorage grounds.''.
(e) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing
rules, regulations, or final agency actions issued under
section 70006 of title 46, United States Code, as in effect on
the day before the date of enactment of this Act, until all
regulations required under subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND
RECREATIONAL FISHERIES FROM DEVELOPMENT OF
RENEWABLE ENERGY ON WEST COAST.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Secretary, the Secretary of the
Interior, and the Under Secretary of Commerce for Oceans and
Atmosphere, shall seek to enter into an agreement with the
National Academies of Science, Engineering, and Medicine under
which the National Academy of Sciences, Engineering, and
Medicine shall carry out a study to--
(1) identify, document, and analyze--
(A) historic and current, as of the date of
the study, Tribal, commercial, and recreational
fishing grounds, as well as areas where fish
stocks are likely to shift in the future in all
covered waters;
(B) usual and accustomed fishing areas in all
covered waters;
(C) historic, current, and potential future
shipping lanes, based on projected growth in
shipping traffic in all covered waters;
(D) current and expected Coast Guard
operations relevant to commercial fishing
activities, including search and rescue, radar,
navigation, communications, and safety within
and near renewable energy sites; and
(E) key types of data needed to properly site
renewable energy sites on the West Coast, with
regard to assessing and mitigating conflicts;
(2) analyze--
(A) methods used to manage fishing, shipping,
and other maritime activities; and
(B) potential future interactions between
such activities and the placement of renewable
energy infrastructure and the associated
construction, maintenance, and operation of
such infrastructure, including potential
benefits and methods of mitigating adverse
impacts; and
(3) review the current decision-making process for
offshore wind in covered waters, and outline
recommendations for governmental consideration of all
impacted coastal communities, particularly Tribal
governments and fisheries communities, in the decision-
making process for offshore wind in covered waters,
including recommendations for--
(A) ensuring the appropriate governmental
consideration of potential benefits of offshore
wind in covered waters; and
(B) risk reduction and mitigation of adverse
impacts on Coast Guard operations relevant to
commercial fishing activities.
(b) Submission.--Not later than 1 year after commencing the
study under subsection (a), the Secretary shall--
(1) submit the study to the Committees on Commerce,
Science, and Transportation, and Energy and Natural
Resources of the Senate and the Committees on
Transportation and Infrastructure, Natural Resources,
and Energy and Commerce of the House of
Representatives, including the review and outline
provided under subsection (a)(3); and
(2) make the study publicly available.
(c) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters''
means Federal or State waters off of the Canadian
border and out to the furthest extent of the exclusive
economic zone along the West Coast of the United
States.
(2) Exclusive economic zone.--The term ``exclusive
economic zone'' has the meaning given such term in
section 107 of title 46, United States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF MARKING
FISHING GEAR.
The Secretary shall, within the Eleventh Coast Guard
District, Thirteenth Coast Guard District, Fourteenth Coast
Guard District, and Seventeenth Coast Guard District, suspend
enforcement of individuals using automatic identification
systems devices to mark fishing equipment during the period
beginning on the date of enactment of this Act and ending on
the earlier of--
(1) the date that is 2 years after such date of
enactment; or
(2) the date on which the Federal Communications
Commission promulgates a final rule to authorize a
device used to mark fishing equipment to operate in
radio frequencies assigned for Automatic Identification
System stations.
Subtitle D--Environmental Issues
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES.
(a) Upgrades to Rescue 21 System in Alaska.--Not later than
August 30, 2023, the Commandant shall ensure the timely upgrade
of the Rescue 21 system in Alaska so as to achieve 98 percent
operational availability of remote fixed facility sites.
(b) Plan to Reduce Outages.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall
develop an operations and maintenance plan for the
Rescue 21 system in Alaska that anticipates maintenance
needs so as to reduce Rescue 21 system outages to the
maximum extent practicable.
(2) Public availability.--The plan required under
paragraph (1) shall be made available to the public on
a publicly accessible website.
(c) Report Required.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that--
(1) contains a plan for the Coast Guard to notify
mariners of radio outages for towers owned and operated
by the Seventeenth Coast Guard District;
(2) addresses in such plan how the Seventeenth Coast
Guard will--
(A) disseminate updates regarding outages on
social media not less frequently than every 48
hours;
(B) provide updates on a publicly accessible
website not less frequently than every 48
hours;
(C) develop methods for notifying mariners in
areas in which cellular connectivity does not
exist; and
(D) develop and advertise a web-based
communications update hub on AM/FM radio for
mariners; and
(3) identifies technology gaps that need to be
mitigated in order to implement the plan and provides a
budgetary assessment necessary to implement the plan.
(d) Contingency Plan.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall, in
collaboration with relevant Federal, State, Tribal, and
other relevant entities (including the North Pacific
Fishery Management Council, the National Oceanic and
Atmospheric Administration Weather Service, the
National Oceanic and Atmospheric Administration
Fisheries Service, agencies of the State of Alaska,
local radio stations, and stakeholders), establish a
contingency plan to ensure that notifications of an
outage of the Rescue 21 system in Alaska are broadly
disseminated in advance of such an outage.
(2) Elements.--The contingency plan required under
paragraph (1) shall require the Coast Guard to--
(A) disseminate updates regarding outages of
the Rescue 21 system in Alaska on social media
not less frequently than every 48 hours during
an outage;
(B) provide updates on a publicly accessible
website not less frequently than every 48 hours
during an outage;
(C) notify mariners in areas in which
cellular connectivity does not exist;
(D) develop and advertise a web-based
communications update hub on AM/FM radio for
mariners; and
(E) identify technology gaps necessary to
implement the plan and provides a budgetary
assessment necessary to implement the plan.
SEC. 11322. IMPROVEMENTS TO COMMUNICATION WITH FISHING INDUSTRY AND
RELATED STAKEHOLDERS.
(a) In General.--The Commandant, in coordination with the
National Commercial Fishing Safety Advisory Committee
established by section 15102 of title 46, United States Code,
shall develop a publicly accessible website that contains all
information related to fishing industry activities, including
vessel safety, inspections, enforcement, hazards, training,
regulations (including proposed regulations), outages of the
Rescue 21 system in Alaska and similar outages, and any other
fishing-related activities.
(b) Automatic Communications.--The Commandant shall provide
methods for regular and automatic email communications with
stakeholders who elect, through the website developed under
subsection (a), to receive such communications.
SEC. 11323. ADVANCE NOTIFICATION OF MILITARY OR OTHER EXERCISES.
In consultation with the Secretary of Defense, the Secretary
of State, and commercial fishing industry participants, the
Commandant shall develop and publish on a publicly available
website a plan for notifying United States mariners and the
operators of United States fishing vessels in advance of--
(1) military exercises in the exclusive economic zone
(as defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1802)); or
(2) other military activities that will impact
recreational or commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND BOATING TRUST
FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that
includes November 15, 2021, the product
obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777h(a)) is amended--
(A) in paragraph (7) by striking ``full-
time''; and
(B) in paragraph (9) by striking ``on a full-
time basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)(i)) is amended to read as follows:
``(i) for the fiscal year that
includes November 15, 2021, the product
obtained by multiplying--
``(I) $12,786,434; and
``(II) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h(a)) is amended--
(A) in paragraph (7) by striking ``full-
time''; and
(B) in paragraph (9) by striking ``on a full-
time basis''.
SEC. 11325. LOAD LINES.
(a) Application to Certain Vessels.--During the period
beginning on the date of enactment of this Act and ending on
the date that is 3 years after the date on which the report
required under subsection (b) is submitted, the load line
requirements of chapter 51 of title 46, United States Code,
shall not apply to covered fishing vessels.
(b) GAO Report.--
(1) In general.--Not later than 12 months after the
date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives--
(A) a report on the safety and seaworthiness
of vessels described in section 5102(b)(5) of
title 46, United States Code; and
(B) recommendations for exempting certain
vessels from the load line requirements under
chapter 51 of title 46 of such Code.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of stability requirements
of vessels referenced in section 5102(b)(5) of
title 46, United States Code.
(B) An analysis of vessel casualties,
mishaps, or other safety information relevant
to load line requirements when a vessel is
operating part-time as a fish tender vessel.
(C) An assessment of any other safety
information as the Comptroller General
determines appropriate.
(D) A list of all vessels that, as of the
date of the report--
(i) are covered under section
5102(b)(5) of title 46, United States
Code;
(ii) are acting as part-time fish
tender vessels; and
(iii) are subject to any captain of
the port zone subject to the oversight
of the Commandant.
(3) Consultation.--In preparing the report required
under paragraph (1), the Comptroller General shall
consider consultation with, at a minimum, the maritime
industry, including--
(A) relevant Federal, State, and Tribal
maritime associations and groups; and
(B) relevant federally funded research
institutions, nongovernmental organizations,
and academia.
(c) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act,
to the captain of a port with respect to safety measures or any
other authority as necessary for the safety of covered fishing
vessels.
(d) Definition of Covered Fishing Vessel.--In this section,
the term ``covered fishing vessel'' means a vessel that
operates exclusively in one, or both, of the Thirteenth and
Seventeenth Coast Guard Districts and that--
(1) was constructed, under construction, or under
contract to be constructed as a fish tender vessel
before January 1, 1980;
(2) was converted for use as a fish tender vessel
before January 1, 2022, and--
(A) has a valid stability letter issued in
accordance with regulations prescribed under
chapter 51 of title 46, United States Code; and
(B) the hull and internal structure of the
vessel has been verified as suitable for
intended service as examined by a marine
surveyor of an organization accepted by the
Secretary two times in the past five years with
no interval of more than three years between
such examinations; or
(3) operates part-time as a fish tender vessel for a
period of less than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO INCREASE
ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service shall,
immediately upon the enactment of this Act, take action to
address the outstanding backlog of letters of authorization for
the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that the
National Marine Fisheries Service should--
(1) take immediate action to issue a rule that allows
the Service to approve outstanding and future
applications for letters of authorization consistent
with the permitting activities of the Service; and
(2) on or after the effective date of such rule,
prioritize the consideration of applications in a
manner that is consistent with applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto
Rico, the Northern Mariana Islands, and the Virgin
Islands of the United States;
``(14) `recreational vessel' has the meaning given
that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended by adding at the end the following:
``(g) Observers.--The chairpersons designated under
subsection (d) may invite representatives of nongovernmental
entities to participate as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10);
and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the
following:
``(4) Technical assistance and recommendations.--The
Task Force may provide technical assistance and
recommendations for best practices to an agency or
entity engaged in vessel inspections or
decontaminations for the purpose of--
``(A) effectively managing and controlling
the movement of aquatic nuisance species into,
within, or out of water of the United States;
and
``(B) inspecting recreational vessels in a
manner that minimizes disruptions to public
access for boating and recreation in non-
contaminated vessels.
``(5) Consultation and input.--In carrying out
paragraph (4), including the development of
recommendations, the Task Force may consult with Indian
Tribes and solicit input from--
``(A) State and Tribal fish and wildlife
management agencies;
``(B) other State and Tribal agencies that
manage fishery resources of the State or
sustain fishery habitat; and
``(C) relevant nongovernmental entities.'';
and
(2) in subsection (k) by adding at the end the
following:
``(3) Not later than 90 days after the date of
enactment of the Don Young Coast Guard Authorization
Act of 2022, the Task Force shall submit a report to
Congress recommending legislative, programmatic, or
regulatory changes to eliminate remaining gaps in
authorities between members of the Task Force to
effectively manage and control the movement of aquatic
nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2) by inserting a comma after
``funded'';
(2) in section 1003 in paragraph (7) by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F) by inserting ``and''
after ``research,''; and
(B) in paragraph (3) by striking
``encourage'' and inserting ``encouraged'';
(4) in section 1204(b)(4) in the paragraph heading by
striking ``Adminisrative'' and inserting
``Administrative''; and
(5) in section 1209 by striking ``subsection (a)''
and inserting ``section 1202(a)''.
SEC. 11328. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States
Code, is amended--
(1) in subsection (i)(4) by striking ``each of fiscal
years 2018 through 2021'' and inserting ``fiscal year
2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal
years 2018 through 2021'' and inserting ``fiscal year
2023''.
(b) Authorization of Appropriations.--Section 9 of the
Maritime Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal
years 2018 through 2022'' and inserting ``fiscal year
2023''; and
(2) in subsection (b) by striking ``2702(1)'' and
inserting ``4902(1)''.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 11329. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means
any labor or service provided for or obtained by any
means described in section 1589(a) of title 18, United
States Code.
(2) Human trafficking.--The term ``human
trafficking'' has the meaning given the term ``severe
forms of trafficking in persons'' in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(3) Illegal, unreported, or unregulated fishing.--The
term ``illegal, unreported, or unregulated fishing''
has the meaning given such term in the implementing
regulations or any subsequent regulations issued
pursuant to section 609(e) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).
(4) Oppressive child labor.--The term ``oppressive
child labor'' has the meaning given such term in
section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine
animal and plant life meant for consumption as food
other than marine mammals and birds, including fish,
shellfish, shellfish products, and processed fish.
(6) Seafood import monitoring program.--The term
``Seafood Import Monitoring Program'' means the Seafood
Traceability Program established in subpart Q of part
300 of title 50, Code of Federal Regulations (or any
successor regulation).
(7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM MESSAGE
SET IN AUTOMATED COMMERCIAL ENVIRONMENT SYSTEM.
The Secretary, in coordination with the Commissioner of U.S.
Customs and Border Protection, shall, not later than 6 months
after the date of enactment of this Act, develop a strategy to
improve the quality and verifiability of already collected
Seafood Import Monitoring Program Message Set data elements in
the Automated Commercial Environment system. Such strategy
shall prioritize the use of enumerated data types, such as
checkboxes, dropdown menus, or radio buttons, and any
additional elements the Administrator of the National Oceanic
and Atmospheric Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or
Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act
(16 U.S.C. 8031(c)) is amended--
(1) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data
collected by the members of the Working Group by
harmonizing data standards and entry fields;''.
(b) Prohibition on Aggregated Catch Data for Certain
Species.--Beginning not later than 1 year after the date of
enactment of this Act, for the purposes of compliance with
respect to Northern red snapper under the Seafood Import
Monitoring Program, the Secretary may not allow an aggregated
harvest report of such species, regardless of vessel size.
SEC. 11332. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1
year after the date of enactment of this Act, implement
procedures to audit information and supporting records of
sufficient numbers of imports of seafood and seafood products
subject to the Seafood Import Monitoring Program to support
statistically robust conclusions that the samples audited are
representative of all seafood imports covered by the Seafood
Import Monitoring Program with respect to a given year.
(b) Expansion of Marine Forensics Laboratory.--The Secretary
shall, not later than 1 year after the date of enactment of
this Act, begin the process of expanding the National Oceanic
and Atmospheric Administration's Marine Forensics Laboratory,
including by establishing sufficient capacity for the
development and deployment of rapid, and follow-up, analysis of
field-based tests focused on identifying Seafood Import
Monitoring Program species, and prioritizing such species at
high risk of illegal, unreported, or unregulated fishing and
seafood fraud.
(c) Annual Revision.--In developing the procedures required
in subsection (a), the Secretary shall use predictive analytics
to inform whether to revise such procedures to prioritize for
audit those imports originating from nations--
(1) identified pursuant to section 609(a) or 610(a)
of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet
received a subsequent positive certification pursuant
to section 609(d) or 610(c) of such Act, respectively;
(2) identified by an appropriate regional fishery
management organization as being the flag state or
landing location of vessels identified by other nations
or regional fisheries management organizations as
engaging in illegal, unreported, or unregulated
fishing;
(3) identified as having human trafficking or forced
labor in any part of the seafood supply chain,
including on vessels flagged in such nation, and
including feed for cultured production, in the most
recent Trafficking in Persons Report issued by the
Department of State in accordance with the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.);
(4) identified as producing goods that contain
seafood using forced labor or oppressive child labor in
the most recent List of Goods Produced by Child Labor
or Forced Labor in accordance with the Trafficking
Victims Protection Act (22 U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking,
including forced labor, in their seafood catching and
processing industries by the report required under
section 3563 of the Maritime SAFE Act (Public Law 116-
92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is
amended--
(1) in subparagraph (G) by striking ``or'' after the
semicolon;
(2) in subparagraph (H) by striking the period at the
end of such subparagraph and inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies, to the extent
necessary and appropriate, to administer
Federal programs established to combat illegal,
unreported, or unregulated fishing or forced
labor (as such terms are defined in section
11329 of the Don Young Coast Guard
Authorization Act of 2022), which shall not
include an authorization for such agencies to
release data to the public unless such release
is related to enforcement.''.
SEC. 11334. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of Reports.--
The Secretary shall, not later than 120 days after the end of
each fiscal year, submit to the Committee on Commerce, Science,
and Transportation and the Committee on Finance of the Senate
and the Committee on Natural Resources and the Committee on
Financial Services of the House of Representatives a report
that summarizes the National Marine Fisheries Service's efforts
to prevent the importation of seafood harvested through
illegal, unreported, or unregulated fishing, particularly with
respect to seafood harvested, produced, processed, or
manufactured by forced labor. Each such report shall be made
publicly available on the website of the National Oceanic and
Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a)
shall include--
(1) the volume and value of seafood species subject
to the Seafood Import Monitoring Program, reported by
10-digit Harmonized Tariff Schedule of the United
States codes, imported during the previous fiscal year;
(2) the enforcement activities and priorities of the
National Marine Fisheries Service with respect to
implementing the requirements under the Seafood Import
Monitoring Program;
(3) the percentage of import shipments subject to the
Seafood Import Monitoring Program selected for
inspection or the information or records supporting
entry selected for audit, as described in section
300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of
noncompliance with the requirements of the Seafood
Import Monitoring Program;
(5) the number and types of instances of violations
of State or Federal law discovered through the Seafood
Import Monitoring Program;
(6) the seafood species with respect to which
violations described in paragraphs (4) and (5) were
most prevalent;
(7) the location of catch or harvest with respect to
which violations described in paragraphs (4) and (5)
were most prevalent;
(8) the additional tools, such as high performance
computing and associated costs, that the Secretary
needs to improve the efficacy of the Seafood Import
Monitoring Program; and
(9) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing
compliance with the Seafood Import Monitoring Program.
SEC. 11335. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of
U.S. Customs and Border Protection to carry out enforcement
actions pursuant to section 307 of the Tariff Act of 1930 (19
U.S.C. 1307) $20,000,000 for each of fiscal years 2023 through
2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as
follows:
``(2) Denial of port privileges.--The Secretary of
Homeland Security shall, in accordance with
international law--
``(A) withhold or revoke the clearance
required by section 60105 of title 46, United
States Code, for any large-scale driftnet
fishing vessel of a nation that receives a
negative certification under section 609(d) or
610(c) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d)
or 1826k(c)), or fishing vessels of a nation
that has been listed pursuant to section 609(b)
or section 610(a) of such Act (16 U.S.C.
1826j(b) or 1826k(a)) in 2 or more consecutive
reports for the same type of fisheries
activity, as described under section 607 of
such Act (16 U.S.C. 1826h), until a positive
certification has been received;
``(B) withhold or revoke the clearance
required by section 60105 of title 46, United
States Code, for fishing vessels of a nation
that has been listed pursuant to section 609(a)
or 610(a) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(a)
or 1826k(a)) in 2 or more consecutive reports
as described under section 607 of such Act (16
U.S.C. 1826h); and
``(C) deny entry of that vessel to any place
in the United States and to the navigable
waters of the United States, except for the
purposes of inspecting such vessel, conducting
an investigation, or taking other appropriate
enforcement action.''.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a)) is amended--
(1) by striking paragraph (2) and inserting the
following:
``(2) For actions of a nation.--The Secretary shall
identify, and list in such report, a nation engaging in
or endorsing illegal, unreported, or unregulated
fishing. In determining which nations to list in such
report, the Secretary shall consider the following:
``(A) Any nation that is violating, or has
violated at any point during the 3 years
preceding the date of the determination,
conservation and management measures, including
catch and other data reporting obligations and
requirements, required under an international
fishery management agreement to which the
United States is a party.
``(B) Any nation that is failing, or has
failed in the 3-year period preceding the date
of the determination, to effectively address or
regulate illegal, unreported, or unregulated
fishing within its fleets in any areas where
its vessels are fishing.
``(C) Any nation that fails to discharge
duties incumbent upon it under international
law or practice as a flag, port, or coastal
state to take action to prevent, deter, and
eliminate illegal, unreported, or unregulated
fishing.
``(D) Any nation that has been identified as
producing for export to the United States
seafood-related goods through forced labor or
oppressive child labor (as those terms are
defined in section 11329 of the Don Young Coast
Guard Authorization Act of 2022) in the most
recent List of Goods Produced by Child Labor or
Forced Labor in accordance with the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101
et seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an
identification under paragraph (1) or (2) at any time
that the Secretary has sufficient information to make
such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j) is amended--
(1) in subsection (d) by striking paragraph (3) and
inserting the following:
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The
provisions of subsection (a) and paragraphs (3)
and (4) of subsection (b) of section 101 of the
High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall
apply to any nation that, after being
identified and notified under subsection (b)
has failed to take the appropriate corrective
actions for which the Secretary has issued a
negative certification under this subsection.
``(B) Effect of positive certification.--The
provisions of subsection (a) and paragraphs (3)
and (4) of subsection (b) of section 101 of the
High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a) and (b)(3) and (4)) shall
not apply to any nation identified under
subsection (a) for which the Secretary has
issued a positive certification under this
subsection.'';
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure
that seafood or seafood products authorized for entry under
this section are imported consistent with the reporting and the
recordkeeping requirements of the Seafood Import Monitoring
Program described in part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulation).''.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is
amended to read as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and
list in the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that
nation is engaged, or has been engaged
during the 3 years preceding the date
of the determination, in fishing
activities or practices on the high
seas or within the exclusive economic
zone of any nation, that have resulted
in bycatch of a protected living marine
resource; and
``(ii) the vessel's flag state has
not adopted, implemented, and enforced
a regulatory program governing such
fishing designed to end or reduce such
bycatch that is comparable in
effectiveness to the regulatory program
of the United States, taking into
account differing conditions; and
``(B) a nation if--
``(i) any fishing vessel of that
nation is engaged, or has engaged
during the 3 years preceding the date
of the determination, in fishing
activities on the high seas or within
the exclusive economic zone of another
nation that target or incidentally
catch sharks; and
``(ii) the vessel's flag state has
not adopted, implemented, and enforced
a regulatory program to provide for the
conservation of sharks, including
measures to prohibit removal of any of
the fins of a shark, including the
tail, before landing the shark in port,
that is comparable to that of the
United States.
``(2) Timing.--The Secretary shall make an
identification under paragraph (1) at any time that the
Secretary has sufficient information to make such
identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(b)) is amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State,
acting in consultation with the Secretary, shall--
``(1) notify, as soon as practicable, the President
and nations that are engaged in, or that have any
fishing vessels engaged in, fishing activities or
practices described in subsection (a), about the
provisions of this Act;
``(2) initiate discussions as soon as practicable
with all foreign nations that are engaged in, or a
fishing vessel of which has engaged in, fishing
activities described in subsection (a), for the purpose
of entering into bilateral and multilateral treaties
with such nations to protect such species and to
address any underlying failings or gaps that may have
contributed to identification under this Act;
``(3) seek agreements calling for international
restrictions on fishing activities or practices
described in subsection (a) through the United Nations,
the Committee on Fisheries of the Food and Agriculture
Organization of the United Nations, and appropriate
international fishery management bodies; and
``(4) initiate the amendment of any existing
international treaty for the protection and
conservation of such species to which the United States
is a party in order to make such treaty consistent with
the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of
the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826k(c)) is amended--
(1) in paragraph (2) by inserting ``the public and''
after ``comment by'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and''
after the semicolon;
(B) in subparagraph (B) by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish
products authorized for entry under this
section are imported consistent with the
reporting and the recordkeeping requirements of
the Seafood Import Monitoring Program
established in subpart Q of part 300 of title
50, Code of Federal Regulations (or any
successor regulation).''; and
(3) in paragraph (5) by striking ``(except to the
extent that such provisions apply to sport fishing
equipment or fish or fish products not caught by the
vessels engaged in illegal, unreported, or unregulated
fishing)''.
(d) Definition of Protected Living Marine Resource.--Section
610(e) of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826k(e)) is amended by striking paragraph (1)
and inserting the following:
``(1) except as provided in paragraph (2), means
nontarget fish, sea turtles, or marine mammals that are
protected under United States law or international
agreement, including--
``(A) the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
``(C) the Shark Finning Prohibition Act (16
U.S.C. 1822 note); and
``(D) the Convention on International Trade
in Endangered Species of Wild Fauna and Flora,
done at Washington March 3, 1973 (27 UST 1087;
TIAS 8249); but''.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary, in consultation with the
heads of other Federal agencies, as appropriate, shall develop
and carry out with partner governments and civil society--
(1) multi-year international environmental
cooperation agreements and projects; and
(2) multi-year capacity-building projects for
implementing measures to address illegal, unreported,
or unregulated fishing, fraud, forced labor, bycatch,
and other conservation measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE
Act (16 U.S.C. 8013(d)) is amended--
(1) in the matter preceding paragraph (1) by striking
``as appropriate,''; and
(2) in paragraph (3) by striking ``as appropriate''
and inserting ``for all priority regions identified by
the Working Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16
U.S.C. 8033) is amended--
(1) in paragraph (7) by striking ``and'' after the
semicolon;
(2) in paragraph (8) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement
partners.''.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (4) as paragraph (5);
and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training
to identify indicators of forced labor and human
trafficking (as such terms are defined in section 11329
of the Don Young Coast Guard Authorization Act of 2022)
and refer this information to appropriate authorities;
and''.
SEC. 11341. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate such regulations as may be
necessary to carry out this subtitle and the amendments made by
this subtitle.
TITLE CXIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section
2922(b)(2) of title 14, United States Code, is amended by
adding at the end the following:
``(D) In the case of an active duty member with two or more
children attending a Coast Guard child development center, the
Commandant may modify the fees to be charged for attendance for
the second and any subsequent child of such member by an amount
that is 15 percent less than the amount of the fee otherwise
chargeable for the attendance of the first such child enrolled
at the center, or another fee as the Commandant determines
appropriate, consistent with multiple children.''.
(b) Child Development Center Standards and Inspections.--
Section 2923(a) of title 14, United States Code, is amended to
read as follows:
``(a) Standards.--The Commandant shall require each Coast
Guard child development center to meet standards of operation--
``(1) that the Commandant considers appropriate to
ensure the health, safety, and welfare of the children
and employees at the center; and
``(2) necessary for accreditation by an appropriate
national early childhood programs accrediting
entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29
of title 14, United States Code, is amended by
adding at the end the following:
``Sec. 2927. Child care subsidy program
``(a) In General.--
``(1) Authority.--The Commandant may operate a child
care subsidy program to provide financial assistance to
eligible providers that provide child care services or
youth program services to members of the Coast Guard,
members of the Coast Guard with dependents who are
participating in the child care subsidy program, and
any other individual the Commandant considers
appropriate, if--
``(A) providing such financial assistance--
``(i) is in the best interests of the
Coast Guard; and
``(ii) enables supplementation or
expansion of the provision of Coast
Guard child care services, while not
supplanting or replacing Coast Guard
child care services; and
``(B) the Commandant ensures, to the extent
practicable, that the eligible provider is able
to comply, and does comply, with the
regulations, policies, and standards applicable
to Coast Guard child care services.
``(2) Eligible providers.--A provider of child care
services or youth program services is eligible for
financial assistance under this section if the
provider--
``(A) is licensed to provide such services
under applicable State and local law or meets
all applicable State and local health and
safety requirements if licensure is not
required;
``(B) is either--
``(i) is a family home daycare; or
``(ii) is a provider of family child
care services that--
``(I) otherwise provides
federally funded or federally
sponsored child development
services;
``(II) provides such services
in a child development center
owned and operated by a
private, not-for-profit
organization;
``(III) provides a before-
school or after-school child
care program in a public school
facility;
``(IV) conducts an otherwise
federally funded or federally
sponsored school-age child care
or youth services program; or
``(V) conducts a school-age
child care or youth services
program operated by a not-for-
profit organization; or
``(C) is a provider of another category of
child care services or youth program services
the Commandant considers appropriate for
meeting the needs of members or civilian
employees of the Coast Guard.
``(3) Financial assistance for in-home child care.--
``(A) In general.--The Commandant may provide
financial assistance to members of the Coast
Guard who pay for services provided by in-home
child care providers.
``(B) Requirements.--In carrying out such
program, the Commandant shall establish a
policy and procedures to--
``(i) support the needs of families
who request services provided by in-
home childcare providers;
``(ii) provide the appropriate amount
of financial assistance to provide to
families described in paragraph, that
is at minimum consistent with the
program authorized in subsection
(a)(1); and
``(iii) ensure the appropriate
qualifications for such in-home child
care provider, which shall at minimum--
``(I) take into consideration
qualifications for available
in-home child care providers in
the private sector; and
``(II) ensure that the
qualifications the Commandant
determines appropriate under
this paragraph are comparable
to the qualifications for a
provider of child care services
in a Coast Guard child
development center or family
home day care.
``(b) Direct Payment.--
``(1) In general.--In carrying out a child care
subsidy program under subsection (a)(1), subject to
paragraph (3), the Commandant shall provide financial
assistance under the program to an eligible member or
individual the Commandant considers appropriate by
direct payment to such eligible member or individual
through monthly pay, direct deposit, or other direct
form of payment.
``(2) Policy.--Not later than 180 days after the date
of the enactment of this section, the Commandant shall
establish a policy to provide direct payment as
described in paragraph (1).
``(3) Eligible provider funding continuation.--With
the approval of an eligible member or an individual the
Commandant considers appropriate, which shall include
the written consent of such member or individual, the
Commandant may continue to provide financial assistance
under the child care subsidy program directly to an
eligible provider on behalf of such member or
individual.
``(4) Rule of construction.--Nothing in this
subsection may be construed to affect any preexisting
reimbursement arrangement between the Coast Guard and a
qualified provider.''.
(B) Clerical amendment.--The analysis for
chapter 29 of title 14, United States Code, is
amended by inserting after the item relating to
section 2926 the following:
``2927. Child care subsidy program.''.
(2) Expansion of child care subsidy program.--
(A) In general.--The Commandant shall--
(i) evaluate potential eligible uses
for the child care subsidy program
established under section 2927 of title
14, United States Code (referred to in
this paragraph as the ``program'');
(ii) expand the eligible uses of
funds for the program to accommodate
the child care needs of members of the
Coast Guard (including such members
with nonstandard work hours and surge
or other deployment cycles), including
in-home care as described in section
2927(a)(3) of title 14, United States
Code, and including by providing funds
directly to such members instead of
care providers; and
(iii) streamline enrollment policies,
practices, paperwork, and requirements
for eligible child care providers to
reduce barriers for members to enroll
in such providers.
(B) Considerations.--In evaluating potential
eligible uses under subparagraph (A), the
Commandant shall consider in-home child care
services, care services such as supplemental
care for children with disabilities, and any
other child care delivery method the Commandant
considers appropriate.
(C) Requirements.--In establishing expanded
eligible uses of funds for the program, the
Commandant shall ensure that such uses--
(i) are in the best interests of the
Coast Guard;
(ii) provide flexibility for members
of the Coast Guard, including such
members and employees with nonstandard
work hours; and
(iii) ensure a safe environment for
dependents of such members and
employees.
(D) Publication.--Not later than 18 months
after the date of the enactment of this Act,
the Commandant shall publish an updated
Commandant Instruction Manual (referred to in
this paragraph as the ``manual'') that
describes the expanded eligible uses of the
program.
(E) Report.--
(i) In general.--Not later than 18
months after the date of the enactment
of this Act, the Commandant shall
submit to the Committee on Commerce,
Science, and Transportation of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives a report
outlining the expansion of the program.
(ii) Elements.--The report required
by clause (i) shall include the
following:
(I) An analysis of the
considerations described in
subparagraph (B).
(II) A description of the
analysis used to identify
eligible uses that were
evaluated and incorporated into
the manual under subparagraph
(D).
(III) A full analysis and
justification with respect to
the forms of care that were
ultimately not included in the
manual.
(IV) Any recommendation with
respect to funding or
additional authorities
necessary, including proposals
for legislative change, to meet
the current and anticipated
future child care subsidy
demands of the Coast Guard.
(V) A description of the
steps taken to streamline
enrollment policies, practices,
and requirements for eligible
child care providers in
accordance with paragraph
(2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD DEVELOPMENT
SERVICES.
Section 2922(a) of title 14, United States Code, is amended
to read as follows:
``(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in
the best interests of dependents of members and civilian
employees of the Coast Guard, for--
``(A) members and civilian employees of the Coast
Guard;
``(B) surviving dependents of service members who
have died on active duty, if such dependents were
beneficiaries of a Coast Guard child development
service at the time of the death of such members;
``(C) members of the armed forces (as defined in
section 101(a) of title 10); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits
provided under other laws.''.
SEC. 11403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation
with the Secretary of Defense, shall prescribe regulations for
the Coast Guard Academy consistent with regulations required to
be promulgated by section 559(a) of the National Defense
Authorization Act of 2022 (Public Law 117-81).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the development
of the regulations required by subsection (a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter
until the date that is 5 years after the date on which the
initial report is submitted under this subsection, the
Commandant shall submit a report and provide an in-person
briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the implementation of section 221 of the
Coast Guard Authorization Act of 2016 (Public Law 114-120; 10
U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by
subsection (a) shall include the following:
(1) A description of methods to educate members and
retirees on the combat-related special compensation
program.
(2) Statistics regarding enrollment in such program
for members of the Coast Guard and Coast Guard
retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the
education of members of the Coast Guard
participating in the Transition Assistance
Program with respect to the combat-related
special compensation program.
(B) Activities carried out relating to the
education of members of the Coast Guard who are
engaged in missions in which they are
susceptible to injuries that may result in
qualification for combat-related special
compensation, including flight school, the
National Motor Lifeboat School, deployable
special forces, and other training programs as
the Commandant considers appropriate.
(C) Activities carried out relating to
training physicians and physician assistants
employed by the Coast Guard, or otherwise
stationed in Coast Guard clinics, sickbays, or
other locations at which medical care is
provided to members of the Coast Guard, for the
purpose of ensuring, during medical
examinations, appropriate counseling and
documentation of symptoms, injuries, and the
associated incident that resulted in such
injuries.
(D) Activities relating to the notification
of heath service officers with respect to the
combat-related special compensation program.
(4) The written guidance provided to members of the
Coast Guard regarding necessary recordkeeping to ensure
eligibility for benefits under such program.
(5) Any other matter relating to combat-related
special compensation the Commandant considers
appropriate.
(c) Disability Due to Chemical or Hazardous Material
Exposure.--Section 221(a) of the Coast Guard Authorization Act
of 2016 (Public Law 114-120; 10 U.S.C. 1413a note) is amended--
(1) in paragraph (1) by striking ``department is''
and inserting ``department in''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``and hazardous'' and
inserting ``hazardous''; and
(ii) by inserting ``, or a duty in
which chemical or other hazardous
material exposure has occurred (such as
during marine inspections or pollution
response activities)'' after
``surfman)''; and
(B) in subparagraph (B)--
(i) by striking``paragraph (1) or
paragraph (2) of''; and
(ii) by striking ``, including--''
and all that follows through ``search
and rescue; or'' and inserting ``;
or''.
SEC. 11405. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study
on food insecurity among members of the Coast Guard.
(2) Elements.--The study required under paragraph (1)
shall include the following:
(A) An analysis of the impact of food deserts
on members of the Coast Guard and their
dependents who live in areas with high costs of
living, including areas with high-density
populations and rural areas.
(B) A comparison of--
(i) the current method used by the
Commandant to determine which areas are
considered to be high cost-of-living
areas;
(ii) local-level indicators used by
the Bureau of Labor Statistics to
determine a cost of living that
indicates buying power and consumer
spending in specific geographic areas;
and
(iii) indicators of the cost of
living used by the Department of
Agriculture in market basket analyses
and other measures of the local or
regional cost of food.
(C) An assessment of the accuracy of the
method and indicators described in subparagraph
(B) in quantifying high cost of living in low-
data and remote areas.
(D) An assessment of the manner in which data
accuracy and availability affect the accuracy
of cost-of-living allowance calculations and
other benefits, as the Commandant considers
appropriate.
(E) Recommendations--
(i) to improve access to high-
quality, affordable food within a
reasonable distance of Coast Guard
units located in areas identified as
food deserts;
(ii) to reduce transit costs for
members of the Coast Guard and their
dependents who are required to travel
to access high-quality, affordable
food; and
(iii) for improving the accuracy of
the calculations referred to in
subparagraph (D).
(F) The estimated costs of implementing each
recommendation made under subparagraph (E).
(b) Plan.--
(1) In general.--The Commandant shall develop a
detailed plan to implement the recommendations of the
study conducted under subsection (a).
(2) Report.--Not later than 1 year after date of the
enactment of this Act, the Commandant shall provide to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a
briefing on the plan required under paragraph (1),
including the cost of implementation, proposals for
legislative change, and any other result of the study
the Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food
desert'' means an area, as determined by the Commandant, in
which it is difficult, even with a vehicle or an otherwise-
available mode of transportation, to obtain affordable, high-
quality fresh food in the immediate area in which members of
the Coast Guard serve and reside.
Subtitle B--Healthcare
SEC. 11406. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR COAST GUARD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
Defense Health Agency and any healthcare expert the Commandant
considers appropriate, shall develop medical staffing standards
for the Coast Guard that are consistent with the
recommendations of the Comptroller General of the United States
set forth in the report titled ``Coast Guard Health Care:
Improvements Needed for Determining Staffing Needs and
Monitoring Access to Care'' and published in February 2022.
(b) Inclusions.--In developing the standards under subsection
(a), the Commandant shall address and take into consideration
the following:
(1) Current and future operations of healthcare
personnel in support of Department of Homeland Security
missions, including surge deployments for incident
response.
(2) Staffing standards for specialized providers,
including flight surgeons, dentists, behavioral health
specialists, and physical therapists.
(3) Staffing levels of medical, dental, and
behavioral health providers for the Coast Guard who
are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the
Public Health Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to
fill vacancies.
(4) Staffing levels at medical facilities for Coast
Guard units in remote locations.
(5) Any discrepancy between medical staffing
standards of the Department of Defense and medical
staffing standards of the Coast Guard.
(c) Review by Comptroller General.--Not later than 90 days
after the Commandant completes the staffing standards required
by subsection (a), the Commandant shall submit the standards to
the Comptroller General, who shall review the standards and
provide recommendations to the Commandant.
(d) Report to Congress.--Not later than 180 days after
developing the standards developed under subsection (a), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the standards developed under
subsection (a) and the recommendations provided under
subsection (c) that includes a plan and a description of the
resources and budgetary needs required to implement the
standards.
(e) Modification, Implementation, and Periodic Updates.--The
Commandant shall--
(1) modify such standards, as necessary, based on the
recommendations under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less
frequently than every 4 years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion
of the studies conducted by the Comptroller General of the
United States under sections 8259 and 8260 of the William M.
(Mac) Thornberry National Defense Authorization Act of Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 4679), the Commandant
shall--
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and
the modernization of, such system to ensure access to
high-quality, timely healthcare for members of the
Coast Guard, their dependents, and applicable Coast
Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under
subsection (a) shall seek to--
(A) maximize the medical readiness of members
of the Coast Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast
Guard medical personnel; and
(D) prepare for the future needs of the Coast
Guard.
(2) Elements.--The plan shall address, at a minimum,
the following:
(A) Improving access to healthcare for
members of the Coast Guard, their dependents,
and applicable Coast Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of
members of the Coast Guard and their dependents
with the Coast Guard healthcare system.
(D) The readiness of members of the Coast
Guard and Coast Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a
review committee to conduct a comprehensive analysis of
the Coast Guard healthcare system (referred to in this
section as the ``Review Committee'').
(2) Membership.--The Review Committee shall be
composed of members selected by the Commandant,
including--
(A) 1 or more members of the uniformed
services (as defined in section 101 of title
10, United States Code) or Federal employees,
either of which have expertise in--
(i) the medical, dental, pharmacy, or
behavioral health fields; or
(ii) any other field the Commandant
considers appropriate;
(B) 1 representative of the Defense Health
Agency; and
(C) 1 medical representative from each Coast
Guard district.
(3) Chairperson.--The chairperson of the Review
Committee shall be the Director of the Health, Safety,
and Work Life Directorate of the Coast Guard.
(4) Staff.--The Review Committee shall be staffed by
employees of the Coast Guard.
(5) Report to commandant.--Not later than 1 year
after the Review Committee is established, the Review
Committee shall submit to the Commandant a report
that--
(A) assesses, taking into consideration the
medical staffing standards developed under
section 11406, the recommended medical staffing
standards set forth in the Comptroller General
study required by section 8260 of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 4679), and compares such
standards to the medical staffing standards of
the Department of Defense and the private
sector;
(B) addresses improvements needed to ensure
continuity of care for members of the Coast
Guard, including by evaluating the feasibility
of having a dedicated primary care manager for
each such member while the member is stationed
at a duty station;
(C) evaluates the effects of increased surge
deployments of medical personnel on staffing
needs at Coast Guard clinics;
(D) identifies ways to improve access to care
for members of the Coast Guard and their
dependents who are stationed in remote areas,
including methods to expand access to providers
in the available network;
(E) identifies ways the Coast Guard may
better use Department of Defense Military
Health System resources for members of the
Coast Guard, their dependents, and applicable
Coast Guard retirees;
(F) identifies barriers to participation in
the Coast Guard healthcare system and ways the
Coast Guard may better use patient feedback to
improve quality of care at Coast Guard-owned
facilities, military treatment facilities, and
specialist referrals;
(G) includes recommendations to improve the
Coast Guard healthcare system; and
(H) any other matter the Commandant or the
Review Committee considers appropriate.
(6) Termination.--The Review Committee shall
terminate on the date that is 1 year after the date on
which the Review Committee submits the report required
under paragraph (5).
(7) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Review Committee.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
(1) the strategic plan for the Coast Guard medical
system required under subsection (a);
(2) the report of the Review Committee submitted to
the Commandant under subsection (c)(5); and
(3) a description of the manner in which the
Commandant plans to implement the recommendations of
the Review Committee.
SEC. 11408. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
Defense Health Agency and any healthcare expert the Commandant
considers appropriate, shall develop, and make publicly
available, a policy to require the collection of data regarding
access by members of the Coast Guard and their dependents to
medical, dental, and behavioral healthcare as recommended by
the Comptroller General of the United States in the report
entitled ``Coast Guard Health Care: Improvements Needed for
Determining Staffing Needs and Monitoring Access to Care'',
published in February 2022.
(b) Elements.--The policy required by subsection (a) shall
address the following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health
assessments;
(B) flight physicals for aviators or
prospective aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for
referrals.
(3) Collection of data on access to care for members
of the Coast Guard stationed at remote units, aboard
Coast Guard cutters, and on deployments.
(4) Use of the electronic health record system to
improve data collection on access to care.
(5) Use of data for addressing the standards of care,
including time between requests for appointments and
actual appointments, including appointments made with
referral services.
(c) Publication and Report to Congress.--Not later than 90
days after the policy under subsection (a) is completed, or any
subsequent updates to such policy, the Commandant shall--
(1) publish the policy on a publicly accessible
internet website of the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the policy and the manner
in which the Commandant plans to address access-to-care
deficiencies.
(d) Periodic Updates.--Not less frequently than every 5
years, the Commandant shall review and update the policy
required under subsection (a).
SEC. 11409. BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall
establish an interim behavioral health policy for
members of the Coast Guard that is in parity with
section 5.28 (relating to behavioral health) of
Department of Defense Instruction 6130.03, volume 2,
``Medical Standards for Military Service: Retention''.
(2) Termination.--The interim policy established
under paragraph (1) shall remain in effect until the
date on which the Commandant issues a permanent
behavioral health policy for members of the Coast
Guard.
(b) Permanent Policy.--In developing a permanent policy with
respect to retention and behavioral health, the Commandant
shall ensure that, to the extent practicable, the policy of the
Coast Guard is in parity with section 5.28 (relating to
behavioral health) of Department of Defense Instruction
6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is further amended by adding at the end the
following:
``Sec. 2516. Members asserting post-traumatic stress disorder or
traumatic brain injury
``(a) Medical Examination Required.--
``(1) In general.--The Secretary shall ensure that a
member of the Coast Guard who has performed Coast Guard
operations or has been sexually assaulted during the
preceding 2-year period, and who is diagnosed by an
appropriate licensed or certified healthcare
professional as experiencing post-traumatic stress
disorder or traumatic brain injury or who otherwise
alleges, based on the service of the member or based on
such sexual assault, the influence of such a condition,
receives a medical examination to evaluate a diagnosis
of post-traumatic stress disorder or traumatic brain
injury.
``(2) Restriction on administrative separation.--A
member described in paragraph (1) shall not be
administratively separated under conditions other than
honorable, including an administrative separation in
lieu of a court-martial, until the results of the
medical examination have been reviewed by appropriate
authorities responsible for evaluating, reviewing, and
approving the separation case, as determined by the
Secretary.
``(3) Post-traumatic stress disorder.--In a case
involving post-traumatic stress disorder under this
subsection, a medical examination shall be--
``(A) performed by--
``(i) a board-certified or board-
eligible psychiatrist; or
``(ii) a licensed doctorate-level
psychologist; or
``(B) performed under the close supervision
of--
``(i) a board-certified or board-
eligible psychiatrist; or
``(ii) a licensed doctorate-level
psychologist, a doctorate-level mental
health provider, a psychiatry resident,
or a clinical or counseling
psychologist who has completed a 1-year
internship or residency.
``(4) Traumatic brain injury.--In a case involving
traumatic brain injury under this subsection, a medical
examination shall be performed by a physiatrist,
psychiatrist, neurosurgeon, or neurologist.
``(b) Purpose of Medical Examination.--The medical
examination required under subsection (a) shall assess whether
the effects of mental or neurocognitive disorders, including
post-traumatic stress disorder and traumatic brain injury,
constitute matters in extenuation that relate to the basis for
administrative separation under conditions other than honorable
or the overall characterization of the service of the member as
other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of
Military Justice.--The medical examination and procedures
required by this section do not apply to courts-martial or
other proceedings conducted pursuant to the Uniform Code of
Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the
term `Coast Guard operations' has the meaning given that term
in section 888(a) of the Homeland Security Act of 2002 (6
U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2515 (as added by this Act) the following:
``2516. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION SYSTEM AND
TRANSITION PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the date
of enactment of this Act, the Commandant shall develop a
temporary policy that--
(1) improves timeliness, communication, and outcomes
for members of the Coast Guard undergoing the Physical
Disability Evaluation System, or a related formal or
informal process;
(2) affords maximum career transition benefits to
members of the Coast Guard determined by a Medical
Evaluation Board to be unfit for retention in the Coast
Guard; and
(3) maximizes the potential separation and career
transition benefits for members of the Coast Guard
undergoing the Physical Disability Evaluation System,
or a related formal or informal process.
(b) Elements.--The policy required under subsection (a) shall
include the following:
(1) A requirement that any member of the Coast Guard
who is undergoing the Physical Disability Evaluation
System, or a related formal or informal process, shall
be placed in a duty status that allows the member the
opportunity to attend necessary medical appointments
and other activities relating to the Physical
Disability Evaluation System, including completion of
any application of the Department of Veterans Affairs
and career transition planning.
(2) In the case of a Medical Evaluation Board report
that is not completed not later than 120 days after the
date on which an evaluation by the Medical Evaluation
Board was initiated, the option for such a member to
enter permissive duty status.
(3) A requirement that the date of initiation of an
evaluation by a Medical Evaluation Board shall include
the date on which any verbal or written affirmation is
made to the member, command, or medical staff that the
evaluation by the Medical Evaluation Board has been
initiated.
(4) An option for such member to seek an internship
under the SkillBridge program established under section
1143(e) of title 10, United States Code, and outside
employment aimed at improving the transition of the
member to civilian life, only if such an internship or
employment does not interfere with necessary medical
appointments required for the member's physical
disability evaluation.
(5) A requirement that not less than 21 days notice
shall be provided to such a member for any such medical
appointment, to the maximum extent practicable, to
ensure that the appointment timeline is in the best
interests of the immediate health of the member.
(6) A requirement that the Coast Guard shall provide
such a member with a written separation date upon the
completion of a Medical Evaluation Board report that
finds the member unfit to continue active duty.
(7) To provide certainty to such a member with
respect to a separation date, a policy that ensures--
(A) that accountability measures are in place
with respect to Coast Guard delays throughout
the Physical Disability Evaluation System,
including--
(i) placement of the member in an
excess leave status after 270 days have
elapsed since the date of initiation of
an evaluation by a Medical Evaluation
Board by any competent authority; and
(ii) a calculation of the costs to
retain the member on active duty,
including the pay, allowances, and
other associated benefits of the
member, for the period beginning on the
date that is 90 days after the date of
initiation of an evaluation by a
Medical Evaluation Board by any
competent authority and ending on the
date on which the member is separated
from the Coast Guard; and
(B) the availability of administrative
solutions to any such delay.
(8) With respect to a member of the Coast Guard on
temporary limited duty status, an option to remain in
the member's current billet, to the maximum extent
practicable, or to be transferred to a different
active-duty billet, so as to minimize any negative
impact on the member's career trajectory.
(9) A requirement that each respective command shall
report to the Coast Guard Personnel Service Center any
delay of more than 21 days between each stage of the
Physical Disability Evaluation System for any such
member, including between stages of the processes, the
Medical Evaluation Board, the Informal Physical
Evaluation Board, and the Formal Physical Evaluation
Board.
(10) A requirement that, not later than 7 days after
receipt of a report of a delay described in paragraph
(9), the Personnel Service Center shall take corrective
action, which shall ensure that the Coast Guard
exercises maximum discretion to continue the Physical
Disability Evaluation System of such a member in a
timely manner, unless such delay is caused by the
member.
(11) A requirement that--
(A) a member of the Coast Guard shall be
allowed to make a request for a reasonable
delay in the Physical Disability Evaluation
System to obtain additional input and
consultation from a medical or legal
professional; and
(B) any such request for delay shall be
approved by the Commandant based on a showing
of good cause by the member.
(c) Report on Temporary Policy.--Not later than 60 days after
the date of enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a copy of the
policy developed under subsection (a).
(d) Permanent Policy.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall publish a
Commandant Instruction making the policy developed under
subsection (a) a permanent policy of the Coast Guard.
(e) Briefing.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on, and a copy of,
the permanent policy.
(f) Annual Report on Costs.--
(1) In general.--Not less frequently than annually,
the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report that, for the
preceding fiscal year--
(A) details the total aggregate service-wide
costs described in subsection (b)(7)(A)(ii) for
members of the Coast Guard whose Physical
Disability Evaluation System process has
exceeded 90 days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed
between the initiation and completion
of the Physical Disability Evaluation
System process.
(2) Personally identifiable information.--A report
under paragraph (1) shall not include the personally
identifiable information of any member of the Coast
Guard.
SEC. 11412. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall hire, train, and
deploy not fewer than an additional 5 behavioral health
specialists.
(b) Requirement.--Through the hiring process required under
subsection (a), the Commandant shall ensure that at least 35
percent of behavioral health specialists employed by the Coast
Guard have experience in behavioral healthcare for the purpose
of supporting members of the Coast Guard with needs for
perinatal mental health care and counseling service for
miscarriage, child loss, and postpartum depression.
(c) Accessibility.--The support provided by the behavioral
health specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the
Coast Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF
COAST GUARD IN MEDICAL AND RELATED FIELDS.
(a) In General.--The Commandant shall expand opportunities
for members of the Coast Guard to secure postgraduate degrees
in medical and related professional disciplines for the purpose
of supporting Coast Guard clinics and operations.
(b) Application of Law.--Individuals who receive assistance
pursuant to subsection (a) shall be subject to the service
obligations required under section 2114 of title 10, United
States Code.
(c) Military Training Student Loads.--Section 4904(b)(3) of
title 14, United States Code, is amended by striking ``350''
and inserting ``385''.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on Coast Guard medical facilities
needs.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) A list of Coast Guard medical facilities,
including clinics, sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard
medical facilities, including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast
Guard medical facilities.
(4) An assessment of improvements to Coast Guard
medical facilities, including improvements to
information technology infrastructure, required to
enable the Coast Guard to fully use telemedicine and
implement other modernization initiatives.
(5) An evaluation of the process used by the Coast
Guard to identify, monitor, and construct Coast Guard
medical facilities.
(6) A description of the resources necessary to fully
address all Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on the Coast Guard telemedicine
program.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the current capabilities and limitations
of the Coast Guard telemedicine program;
(B) the degree of integration of such program
with existing electronic health records;
(C) the capability and accessibility of such
program, as compared to the capability and
accessibility of the telemedicine programs of
the Department of Defense and commercial
medical providers;
(D) the manner in which the Coast Guard
telemedicine program may be expanded to provide
better clinical and behavioral medical services
to members of the Coast Guard, including such
members stationed at remote units or onboard
Coast Guard cutters at sea; and
(E) the costs savings associated with the
provision of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or
expansion of such program.
(3) A description of the resources necessary to
expand such program to its full capability.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
Subtitle C--Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on housing access, cost, and
associated challenges facing members of the Coast Guard.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the
sufficiency, availability, and
affordability of housing options for
members of the Coast Guard and their
dependents; and
(ii) the Coast Guard owns and leases
housing for members of the Coast Guard
and their dependents;
(B) the methods used by the Commandant to
manage housing data, and the manner in which
the Commandant uses such data--
(i) to inform Coast Guard housing
policy; and
(ii) to guide investments in Coast
Guard-owned housing capacity and other
investments in housing, such as long-
term leases and other housing options;
and
(C) the process used by the Commandant to
gather and provide information used to
calculate housing allowances for members of the
Coast Guard and their dependents, including
whether the Commandant has established best
practices to manage low-data areas.
(2) An assessment as to whether the Department of
Defense basic allowance for housing is sufficient for
members of the Coast Guard.
(3) Recommendations for actions the Commandant should
take to improve the availability and affordability of
housing for members of the Coast Guard and their
dependents who are stationed in--
(A) remote units located in areas in which
members of the Coast Guard and their dependents
are eligible for TRICARE Prime Remote; or
(B) units located in areas with a high number
of vacation rental properties.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of the study.
(d) Strategy.--Not later than 180 days after the submission
of the report required under subsection (c), the Commandant
shall publish a Coast Guard housing strategy that addresses the
findings set forth in the report. Such strategy shall, at a
minimum--
(1) address housing inventory shortages and
affordability; and
(2) include a Coast Guard-owned housing
infrastructure investment prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF ENLISTED
MEMBERS OF COAST GUARD IN KEY WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Commandant, in coordination with the
Secretary of the Navy, shall commence an audit to assess--
(1) the conditions of housing units of enlisted
members of the Coast Guard located at Naval Air Station
Key West Sigsbee Park Annex;
(2) the percentage of such units that are considered
unsafe or unhealthy housing units for enlisted members
of the Coast Guard and their families;
(3) the process used by enlisted members of the Coast
Guard and their families to report housing concerns;
(4) the extent to which enlisted members of the Coast
Guard and their families experience unsafe or unhealthy
housing units, relocate, receive a per diem, or expend
similar expenses as a direct result of displacement
that are not covered by a landlord, insurance, or
claims process;
(5) the feasibility of providing reimbursement for
uncovered expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate
and safe housing for enlisted members of the Coast
Guard and their families in Key West, Florida.
(b) Report.--Not later than 120 days after the date of
enactment of this section , the Commandant shall submit to the
appropriate committees of Congress a report on the results of
the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland
Security and Governmental Affairs of the
Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives.
(2) Unsafe or unhealthy housing unit.--The term
``unsafe or unhealthy housing unit'' means a unit of
housing unit in which is present, at levels exceeding
relevant governmental health or housing standards or
guidelines, at least 1 of the following hazards:
(A) Physiological hazards, including the
following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the
following:
(i) Ease of access by unlawful
intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the
hazards specified in clauses (i)
through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND PRIVATIZED
HOUSING.
(a) Study.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General
of the United States shall commence a study that--
(A) evaluates the authorities of the Coast
Guard relating to construction, operation, and
maintenance of housing provided to members of
the Coast Guard and their dependents; and
(B) assesses other options to meet Coast
Guard housing needs in rural and urban housing
markets, including public-private partnerships,
long-term lease agreements, privately owned
housing, and any other housing option the
Comptroller General identifies.
(2) Elements.--The study required under paragraph (1)
shall include the following:
(A) A review of authorities, regulations, and
policies available to the Secretary with
respect to construction, maintenance, and
operation of housing for members of the Coast
Guard and their dependents, including
unaccompanied member housing, that considers--
(i) housing that is owned and managed
by the Coast Guard;
(ii) long-term leasing or extended-
rental housing;
(iii) public-private partnerships or
other privatized housing options for
which the Secretary may enter into 1 or
more contracts with a private entity to
build, maintain, and manage privatized
housing for members of the Coast Guard
and their dependents;
(iv) on-installation and off-
installation housing options, and the
availability of, and authorities
relating to, such options; and
(v) housing availability near Coast
Guard units, readiness needs, and
safety.
(B) A review of the housing-related
authorities, regulations, and policies
available to the Secretary of Defense, and an
identification of the differences between such
authorities afforded to the Secretary of
Defense and the housing-related authorities,
regulations, and policies afforded to the
Secretary.
(C) A description of lessons learned, or
recommendations for, the Coast Guard based on
the use of private housing by the Department of
Defense, including the recommendations set
forth in the report of the Government
Accountability Office titled ``Privatized
Military Housing: Update on DOD's Efforts to
Address Oversight Challenges'' (GAO-22-105866),
issued in March 2022.
(D) An assessment of the extent to which the
Secretary uses the authorities provided in
subchapter IV of chapter 169 of title 10,
United States Code.
(E) An analysis of immediate and long-term
costs associated with housing owned and
operated by the Coast Guard, as compared to
opportunities for long-term leases, private
housing, and other public-private partnerships
in urban and remote locations.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report on the results
of the study conducted under subsection (a).
(c) Briefing.--Not later than 180 days after the date on
which the report required under subsection (b) is submitted,
the Commandant or the Secretary shall provide a briefing to the
appropriate committees of Congress on--
(1) the actions the Commandant has, or has not, taken
with respect to the results of the study;
(2) a plan for addressing areas identified in the
report that present opportunities for improving the
housing options available to members of the Coast Guard
and their dependents; and
(3) the need for, or potential manner of use of, any
authorities the Coast Guard does not have with respect
to housing, as compared to the Department of Defense.
(d) Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) In General.--Not more than 180 days after the date of
enactment of this Act, the Commandant shall develop a strategy
to improve the quality of life for members of the Coast Guard
and their dependents who are stationed in remote units.
(b) Elements.--The strategy developed under subsection (a)
shall address the following:
(1) Methods to improve the availability or
affordability of housing options for such members and
their dependents through--
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) A review of whether current methods for
determining the amount of basic housing allowances
received by such members of the Coast Guard accurately
reflect the costs of privately owned or privately
rented housing in such areas.
(3) Methods to improve access by such members and
their dependents to--
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered
under the TRICARE program (as defined in
section 1072 of title 10, United States Code).
(4) Methods to increase access to child care services
in such areas, including recommendations for increasing
child care capacity and opportunities for care within
the Coast Guard and in the private sector.
(5) Methods to improve non-Coast Guard network
internet access at remote units--
(A) to improve communications between members
of the Coast Guard on active duty who are
assigned or attached to a remote unit and the
family members of such members who are not
located in the same location as such member;
and
(B) for other purposes such as education and
training.
(6) Methods to support spouses and other dependents
of members serving in such areas who face challenges
specific to remote locations.
(7) Any other matter the Commandant considers
appropriate.
(c) Briefing.--Not later than 180 days after the strategy
developed under subsection (a) is completed, the Commandant
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote
unit'' means a unit located in an area in which members of the
Coast Guard and their dependents are eligible for TRICARE Prime
Remote.
Subtitle D--Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST
GUARD PERSONNEL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the availability of appropriate
emergency supplies at Coast Guard units.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which--
(A) the Commandant ensures that Coast Guard
units assess risks and plan accordingly to
obtain and maintain appropriate emergency
supplies; and
(B) Coast Guard units have emergency food and
water supplies available according to local
emergency preparedness needs.
(2) A description of any challenge the Commandant
faces in planning for and maintaining adequate
emergency supplies for Coast Guard personnel.
(c) Publication.--Not later than 90 days after the date of
submission of the report required by subsection (a), the
Commandant shall publish a strategy and recommendations in
response to the report that includes--
(1) a plan for improving emergency preparedness and
emergency supplies for Coast Guard units; and
(2) a process for periodic review and engagement with
Coast Guard units to ensure emerging emergency response
supply needs are achieved and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT
PLAN.
(a) Fleet Mix Analysis.--
(1) In general.--The Commandant shall conduct an
updated fleet mix analysis that provides for a fleet
mix sufficient, as determined by the Commandant--
(A) to carry out--
(i) the missions of the Coast Guard;
and
(ii) emerging mission requirements;
and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the
Coast Guard to counter great power
competitors.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall submit to
Congress a report on the results of the updated fleet
mix analysis required under paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an
updated shore infrastructure investment plan that
includes--
(A) the construction of additional facilities
to accommodate the updated fleet mix described
in subsection (a)(1);
(B) improvements necessary to ensure that
existing facilities meet requirements and
remain operational for the lifespan of such
fleet mix, including necessary improvements to
information technology infrastructure;
(C) a timeline for the construction and
improvement of the facilities described in
subparagraphs (A) and (B); and
(D) a cost estimate for construction and
life-cycle support of such facilities,
including for necessary personnel.
(2) Report.--Not later than 1 year after the date on
which the report under subsection (a)(2) is submitted,
the Commandant shall submit to Congress a report on the
plan required under paragraph (1).
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the National
Transportation Safety Board submits to the Commandant a
recommendation, and supporting justification for such
recommendation, relating to transportation safety, the
Commandant shall submit to the National Transportation Safety
Board a written response to the recommendation, including
whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--The Commandant shall
include in a response submitted under subsection (a)--
``(1) with respect to a recommendation with which the
Commandant concurs or partially concurs, an explanation
of the actions the Commandant intends to take to
implement such recommendation or part of such
recommendation; and
``(2) with respect to a recommendation with which the
Commandant does not concur, the reasons the Commandant
does not concur.
``(c) Failure To Respond.--If the National Transportation
Safety Board has not received the written response required
under subsection (a) by the end of the time period described in
such subsection, the National Transportation Safety Board shall
notify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that such
response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title
14, United States Code, is amended by adding at the end the
following:
``721. Responses to safety recommendations.''.
SEC. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
(a) Rulemaking Required.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, the Commandant shall
initiate a rulemaking to establish additional safety
standards for DUKW amphibious passenger vessels.
(2) Deadline for regulations.--The regulations issued
under paragraph (1) shall take effect not later than 18
months after the Commandant promulgates a final rule
pursuant to such paragraph.
(b) Requirements.--The regulations required under subsection
(a) shall include the following:
(1) A requirement that operators of DUKW amphibious
passenger vessels provide reserve buoyancy for such
vessels through passive means, including watertight
compartmentalization, built-in flotation, or such other
means as determined appropriate by the Commandant, in
order to ensure that such vessels remain afloat and
upright in the event of flooding, including when
carrying a full complement of passengers and crew.
(2) An identification, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, of
limiting environmental conditions, such as weather, in
which DUKW amphibious passenger vessels may safely
operate and a requirement that such limiting conditions
be described in the certificate of inspection of each
DUKW amphibious passenger vessel.
(3) Requirements that an operator of a DUKW
amphibious passenger vessel--
(A) proceed to the nearest harbor or safe
refuge in any case in which a watch or warning
is issued for wind speeds exceeding the wind
speed equivalent used to certify the stability
of such DUKW amphibious passenger vessel; and
(B) maintain and monitor a weather monitor
radio receiver at the operator station of the
vessel that is automatically activated by the
warning alarm device of the National Weather
Service.
(4) A requirement that--
(A) operators of DUKW amphibious passenger
vessels inform passengers that seat belts may
not be worn during waterborne operations;
(B) before the commencement of waterborne
operations, a crew member shall visually check
that the seatbelt of each passenger is
unbuckled; and
(C) operators or crew maintain a log
recording the actions described in
subparagraphs (A) and (B).
(5) A requirement for annual training for operators
and crew of DUKW amphibious passenger vessels,
including--
(A) training for personal flotation and seat
belt requirements, verifying the integrity of
the vessel at the onset of each waterborne
departure, identification of weather hazards,
and use of National Weather Service resources
prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine
compartment fires, man-overboard situations,
and in water emergency egress procedures.
(c) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the
waterborne transit of a DUKW amphibious passenger vessel.
(d) Waiver.--The Commandant may waive the reserve buoyancy
requirements described in subsection (b)(1) for a DUKW
amphibious passenger vessel if the Commandant certifies in
writing, using the best available science, to the appropriate
congressional committees that such requirement is not
practicable or technically or practically achievable for such
vessel.
(e) Notice to Passengers.--A DUKW amphibious passenger vessel
that receives a waiver under subsection (d) shall provide a
prominently displayed notice on its website, ticket counter,
and each ticket for passengers that the vessel is exempt from
meeting Coast Guard safety compliance standards concerning
reserve buoyancy.
(f) Interim Requirements.--Prior to issuing final regulations
pursuant to subsection (a) and not later than 180 days after
the date of enactment of this Act, the Commandant shall require
that operators of DUKW amphibious passenger vessels implement
the following requirements:
(1) Remove the canopies and any window coverings of
such vessels for waterborne operations, or install in
such vessels a canopy that does not restrict horizontal
or vertical escape by passengers in the event of
flooding or sinking.
(2) If a canopy and window coverings are removed from
any such vessel pursuant to paragraph (1), require that
all passengers wear a personal flotation device
approved by the Coast Guard before the onset of
waterborne operations of such vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary
for operation.
(4) Install in such vessels independently powered
electric bilge pumps that are capable of dewatering
such vessels at the volume of the largest remaining
penetration in order to supplement an operable Higgins
pump or a dewatering pump of equivalent or greater
capacity.
(5) Install in such vessels not fewer than 4
independently powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel
after each time a through-hull penetration of such
vessel has been removed or uncovered.
(7) Verify through an in-water inspection the
watertight integrity of any such vessel at the outset
of each waterborne departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) Otherwise comply with any other provisions of
relevant Coast Guard guidance or instructions in the
inspection, configuration, and operation of such
vessels.
(g) Implementation.--The Commandant shall implement the
interim requirements under subsection (f) without regard to
chapters 5 and 6 of title 5, United States Code, and Executive
Order Nos. 12866 and 13563 (5 U.S.C. 601 note).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) DUKW amphibious passenger vessel.--The term
``DUKW amphibious passenger vessel'' means a vessel
that uses, modifies, or is derived from the GMC DUKW-
353 design, and which is operating as a small passenger
vessel in waters subject to the jurisdiction of the
United States, as defined in section 2.38 of title 33,
Code of Federal Regulations (or a successor
regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States
Code, is amended--
(1) by inserting before section 30501 the following:
``Subchapter I--General Provisions'';
(2) by inserting before section 30503 the following:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States
Code, is amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term
`covered small passenger vessel'--
``(A) means a small passenger vessel, as
defined in section 2101, that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49
passengers on an overnight
domestic voyage; and
``(II) not more than 150
passengers on any voyage that
is not an overnight domestic
voyage; and
``(B) includes any wooden vessel constructed
prior to March 11, 1996, carrying at least 1
passenger for hire.
``(2) Owner.--The term `owner' includes a charterer
that mans, supplies, and navigates a vessel at the
charterer's own expense or by the charterer's own
procurement.''.
(c) Applicability.--Section 30502 of title 46, United States
Code, is amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided, this chapter
(except section 30521) applies to seagoing vessels and vessels
used on lakes or rivers or in inland navigation, including
canal boats, barges, and lighters.
``(b) Exception.--This chapter (except for section 30526)
shall not apply to covered small passenger vessels.''.
(d) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526(b) of title 46, United States
Code, as redesignated by subsection (a), is amended--
(1) in paragraph (1)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death'';
and
(B) by inserting ``, or in the case of
covered small passenger vessels, to less than
two years after the date of the injury or
death'' after ``date of the injury or death'';
and
(2) in paragraph (2)--
(A) by inserting ``, in the case of seagoing
vessels,'' after ``personal injury or death'';
and
(B) by inserting ``, or in the case of
covered small passenger vessels, to less than
two years after the date of the injury or
death'' after ``date of the injury or death''.
(e) Chapter Analysis.--The analysis for chapter 305 of title
46, United States Code, is amended--
(1) by inserting before the item relating to section
30501 the following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section
30502 the following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501
and inserting the following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections
30503 through 30512 as items relating to sections 30521
through 30530, respectively.
(f) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 14305(a)(5) by striking ``section
30506'' and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by
subsection (a), by striking ``section 30506'' and
inserting ``section 30524'';
(3) in section 30524(b), as redesignated by
subsection (a), by striking ``section 30505'' and
inserting ``section 30523''; and
(4) in section 30525, as redesignated by subsection
(a)--
(A) in the matter preceding paragraph (1) by
striking ``sections 30505 and 30506'' and
inserting ``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section
30505'' and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section
30506(b)'' and inserting ``section 30524(b)''.
SEC. 11504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program
to evaluate the potential use of remotely controlled or
autonomous operation and monitoring of certain vessels for the
purposes of--
(1) better understanding the complexities of such at-
sea operations and potential risks to navigation
safety, vessel security, maritime workers, the public,
and the environment;
(2) gathering observational and performance data from
monitoring the use of remotely-controlled or autonomous
vessels; and
(3) assessing and evaluating regulatory requirements
necessary to guide the development of future
occurrences of such operations and monitoring
activities.
(b) Duration and Effective Date.--The duration of the pilot
program established under this section shall be not more than 5
years beginning on the date on which the pilot program is
established, which shall be not later than 180 days after the
date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under
this section include--
(1) remote over-the-horizon monitoring operations
related to the active at-sea recovery of spaceflight
components on an unmanned vessel or platform;
(2) procedures for the unaccompanied operation and
monitoring of an unmanned spaceflight recovery vessel
or platform; and
(3) unmanned vessel transits and testing operations
without a physical tow line related to space launch and
recovery operations, except within 12 nautical miles of
a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety, vessel security, maritime workers, the
public, and the environment, and the unique circumstances
requiring the use of remotely operated or autonomous vessels,
the Secretary, in the pilot program established under
subsection (a), may--
(1) allow remotely controlled or autonomous vessel
operations to proceed consistent to the extent
practicable under the proposed title 33, United States
Code, and 46, United States Code, including navigation
and manning laws and regulations;
(2) modify or waive applicable regulations and
guidance as the Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea
operations and activities to occur while
ensuring navigation safety; and
(B) ensure the reliable, safe, and secure
operation of remotely-controlled or autonomous
vessels; and
(3) require each remotely operated or autonomous
vessel to be at all times under the supervision of 1 or
more individuals--
(A) holding a merchant mariner credential
which is suitable to the satisfaction of the
Coast Guard; and
(B) who shall practice due regard for the
safety of navigation of the autonomous vessel,
to include collision avoidance.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to--
(1) permit foreign vessels to participate in the
pilot program established under subsection (a);
(2) waive or modify applicable laws and regulations
under the proposed title 33, United States Code, and
title 46, United States Code, except to the extent
authorized under subsection (d)(2);
(3) waive or modify applicable laws and regulations
under titles 49 and 51 of the United States Code; or
(4) waive or modify any regulations arising under
international conventions.
(f) Savings Provision.--Nothing in this section may be
construed to authorize the employment in the coastwise trade of
a vessel or platform that does not meet the requirements of
sections 12112, 55102, 55103, and 55111 of title 46, United
States Code.
(g) Authority Unaffected.--Nothing in this section shall be
construed to affect, impinge, or alter any authority of the
Secretary of Transportation under titles 49 and 51, United
States Code.
(h) Briefings.--The Secretary or the designee of the
Secretary shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives on the
program established under subsection (a) on a quarterly basis.
(i) Report.--Not later than 180 days after the expiration of
the pilot program established under subsection (a), the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives a final
report regarding an assessment of the execution of the pilot
program and implications for maintaining navigation safety, the
safety of maritime workers, and the preservation of the
environment.
(j) GAO Report.--
(1) In general.--Not later than 18 months after the
date of enactment of this section, the Comptroller
General of the United States shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the state of autonomous and remote technologies in
the operation of shipboard equipment and the safe and
secure navigation of vessels in Federal waters of the
United States.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of commercially available
autonomous and remote technologies in the
operation of shipboard equipment and the safe
and secure navigation of vessels during the 10
years immediately preceding the date of the
report.
(B) An analysis of the safety, physical
security, cybersecurity, and collision
avoidance risks and benefits associated with
autonomous and remote technologies in the
operation of shipboard equipment and the safe
and secure navigation of vessels, including
environmental considerations.
(C) An assessment of the impact of such
autonomous and remote technologies, and all
associated technologies, on labor, including--
(i) roles for credentialed and
noncredentialed workers regarding such
autonomous, remote, and associated
technologies; and
(ii) training and workforce
development needs associated with such
technologies.
(D) An assessment and evaluation of
regulatory requirements necessary to guide the
development of future autonomous, remote, and
associated technologies in the operation of
shipboard equipment and safe and secure
navigation of vessels.
(E) An assessment of the extent to which such
technologies are being used in other countries
and how such countries have regulated such
technologies.
(F) Recommendations regarding authorization,
infrastructure, and other requirements
necessary for the implementation of such
technologies in the United States.
(3) Consultation.--The report required under
paragraph (1) shall include, at a minimum, consultation
with the maritime industry including--
(A) vessel operators, including commercial
carriers, entities engaged in exploring for,
developing, or producing resources, including
non-mineral energy resources in its offshore
areas, and supporting entities in the maritime
industry;
(B) shipboard personnel impacted by any
change to autonomous vessel operations, in
order to assess the various benefits and risks
associated with the implementation of
autonomous, remote, and associated technologies
in the operation of shipboard equipment and
safe and secure navigation of vessels and the
impact such technologies would have on maritime
jobs and maritime manpower;
(C) relevant federally funded research
institutions, non-governmental organizations,
and academia; and
(D) the commercial space industry.
(k) Merchant Mariner Credential Defined.--In this section,
the term ``merchant mariner credential'' means a merchant
mariner license, certificate, or document that the Secretary is
authorized to issue pursuant to title 46, United States Code.
SEC. 11505. HISTORIC WOOD SAILING VESSELS.
(a) Report on Historic Wood Sailing Vessels.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report evaluating the
practicability of the application of section
3306(n)(3)(A)(v) of title 46, United States Code, to
historic wood sailing vessels.
(2) Elements.--The report required under paragraph
(1) shall include the following:
(A) An assessment of the compliance, as of
the date on which the report is submitted under
paragraph (1), of historic wood sailing vessels
with section 3306(n)(3)(A)(v) of title 46,
United States Code.
(B) An assessment of the safety record of
historic wood sailing vessels.
(C) An assessment of any risk that modifying
the requirements under such section would have
on the safety of passengers and crew of
historic wood sailing vessels.
(D) An evaluation of the economic
practicability of requiring the compliance of
historic wood sailing vessels with such section
and whether such compliance would meaningfully
improve safety of passengers and crew in a
manner that is both feasible and economically
practicable.
(E) Any recommendations to improve safety in
addition to, or in lieu of, applying such
section to historic wood sailing vessels.
(F) Any other recommendations as the
Comptroller General determines are appropriate
with respect to the applicability of such
section to historic wood sailing vessels.
(G) An assessment to determine if historic
wood sailing vessels could be provided an
exemption to such section and the changes to
legislative or rulemaking requirements,
including modifications to section 177.500(q)
of title 46, Code of Federal Regulations (as in
effect on the date of enactment of this Act),
that are necessary to provide the Commandant
the authority to make such exemption or to
otherwise provide for such exemption.
(b) Consultation.--In completing the report required under
subsection (a), the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant
federally funded research institutions, nongovernmental
organizations, and academia.
(c) Waiver for Covered Historic Vessels.--The captain of a
port may waive the requirements of section 3306(n)(3)(A)(v) of
title 46, United States Code, with respect to covered historic
vessels for not more than 2 years after the date on which the
report required under subsection (a) is submitted.
(d) Waiver for Other Historic Wood Sailing Vessels.--
(1) In general.--The captain of a port may, upon the
request of the owner or operator of a historic wood
sailing vessel that is not a covered historic vessel,
waive the requirements of section 3306(n)(3)(A)(v) of
title 46, United States Code, with respect to the
historic wood sailing vessel for not more than 2 years
after date on which the report required under
subsection (a) is submitted, if the captain of the
port--
(A) determines that it is technically
infeasible for the historic wood sailing vessel
to comply with the requirements described in
section 3306(n)(3)(A)(v) of title 46, United
States Code, due to its age; and
(B) approves the alternative arrangements
proposed for the historic wood sailing vessel
in accordance with paragraph (2).
(2) Request and alternative arrangements.--An owner
or operator of a historic wood sailing vessel
requesting a waiver under paragraph (1) shall submit
such a request to the captain of a port that includes
the alternative arrangements the owner or operator will
take to ensure an equivalent level of safety, to the
maximum extent practicable, to the requirements under
section 3306(n)(3)(A)(v) of title 46, United States
Code.
(e) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act,
to the captain of a port with respect to safety measures or any
other authority as necessary for the safety of historic wood
sailing vessels.
(f) Notice to Passengers.--Any vessel that receives a waiver
under subsection (c) or subsection (d) shall, beginning on the
date on which the requirements under section 3306(n)(3)(v) of
title 46, United States Code, take effect, provide a
prominently displayed notice on its website, ticket counter,
and each ticket for a passenger that the vessel is exempt from
meeting the Coast Guard safety compliance standards concerning
egress as described under such section.
(g) Definitions.--In this section:
(1) Covered historic vessels.--The term ``covered
historic vessels'' means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number
222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) Historic wood sailing vessel.--The term
``historic wood sailing vessel'' means a covered small
passenger vessel, as defined in section 3306(n)(5) of
title 46, United States Code, that--
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by
sail, even if the vessel has an auxiliary means
of production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.
Section 12304(a) of title 46, United States Code, is
amended--
(1) by striking ``shall be pocketsized,''; and
(2) by inserting ``in hard copy or digital form. Any
certificate issued in hard copy under this section
shall be pocketsized. The certificate shall be'' after
``and may be''.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST GUARD
OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review that assesses the oversight of
the Coast Guard of third-party organizations.
(b) Elements.--In carrying out the review required under
subsection (a), the Comptroller General shall analyze the
following:
(1) Coast Guard use of third-party organizations in
the prevention mission of the Coast Guard and the
extent to which the Coast Guard plans to increase such
use to enhance prevention mission performance,
including resource use and specialized expertise.
(2) The extent to which the Coast Guard has assessed
the potential risks and benefits of using third-party
organizations to support prevention mission activities.
(3) The extent to which the Coast Guard provides
oversight of third-party organizations authorized to
support prevention mission activities.
(c) Report.--Not later than 1 year after initiating the
review required under subsection (a), the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the results of such review.
SEC. 11508. ARTICULATED TUG-BARGE MANNING.
(a) In General.--Notwithstanding the watch setting
requirements set forth in section 8104 of title 46, United
States Code, the Secretary shall authorize an Officer in
Charge, Marine Inspection to issue an amended certificate of
inspection that does not require engine room watch setting to
inspected towing vessels certificated prior to July 19, 2022,
forming part of an articulated tug-barge unit, provided that
such vessels are equipped with engineering control and
monitoring systems of a type accepted for no engine room watch
setting under a previously approved minimum safe manning
document or certificate of inspection for articulated tug-barge
units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term
``certificate of inspection'' means a certificate of
inspection under subchapter M of chapter I of title 46,
Code of Federal Regulations.
(2) Inspected towing vessel.--The term ``inspected
towing vessel'' means a vessel issued a certificate of
inspection.
SEC. 11509. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code,
is amended--
(1) in section 4502(f)(2) by striking ``certain
vessels described in subsection (b) if requested by the
owner or operator; and'' and inserting the following:
``vessels described in subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in
length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older;
and'';
(2) in section 4503(b) by striking ``Except as
provided in section 4503a, subsection (a)'' and
inserting ``Subsection (a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in
this section or the amendments made by this section shall be
construed to affect or apply to any alternative compliance and
safety agreement entered into by the Coast Guard that is in
effect on the date of enactment of this Act.
(c) Conforming Amendments.--The analysis for chapter 45 of
title 46, United States Code, is amended by striking the item
relating to section 4503a.
SEC. 11510. EXEMPTIONS FOR CERTAIN PASSENGER VESSELS.
Notwithstanding any other provision of law, requirements
authorized under sections 3508 and 3509 of title 46, United
States Code, shall not apply to any passenger vessel, as
defined in section 2101 of such title --
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within
the inland rivers and internal waters of the United
States on voyages inside the Boundary Line, as defined
in section 103 of such title, on or before July 27,
2030; and
(3) the operators or charterers of which operated any
documented vessels with a coastwise endorsement prior
to January 1, 2024.
Subtitle B--Merchant Mariner Credentialing
SEC. 11511. MODERNIZING MERCHANT MARINER CREDENTIALING SYSTEM.
(a) Report.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Commandant shall
submit to the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, and
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives, a
report on the financial, human, and information
technology infrastructure resources needed to establish
an electronic merchant mariner licensing and
documentation system.
(2) Legislative and regulatory suggestions.--In
preparing the report described in paragraph (1), the
Commandant--
(A) shall include recommendations for any
legislative or administrative actions as the
Commandant determines necessary to establish
the electronic merchant mariner licensing and
documentation system described in paragraph (1)
as soon as possible; and
(B) may include findings, conclusions, or
recommendations from the study conducted under
subsection (b).
(b) Study.--
(1) In general.--In preparing the report required
under subsection (a), the Commandant and the
Administrator of the Maritime Administration, in
coordination with the Commander of the United States
Transportation Command, shall conduct a study on the
feasibility of developing and maintaining a database as
part of an electronic merchant mariner licensing and
documentation system that--
(A) contains records with respect to each
credentialed mariner, including credential
validity, drug and alcohol testing results, and
information on any final adjudicated agency
action involving a credentialed mariner or
regarding any involvement in a marine casualty;
and
(B) maintains such records in a manner that
allows data to be readily accessed by the
Federal Government for the purpose of assessing
workforce needs and for the purpose of the
economic and national security of the United
States.
(2) Contents.--The study required under paragraph (1)
shall--
(A) include an assessment of the resources,
including information technology, and
authorities necessary to develop and maintain
the database described in such paragraph;
(B) specifically address ways to protect the
privacy interests of any individual whose
information may be contained within such
database, which shall include limiting access
to the database or having access to the
database be monitored by, or accessed through,
a member of the Coast Guard; and
(C) address the feasibility of incorporating
in such database a reporting mechanism to alert
the Administrator of the Maritime
Administration each time a mariner's credential
is reinstated upon completion of a period of
suspension as the result of a suspension and
revocation proceeding under section 7702 of
title 46, United States Code, with details
about the violation that led to such
suspension.
(c) Electronic Merchant Mariner Licensing and Documentation
System.--Notwithstanding any other provision of law, not later
than 2 years after the date of enactment of this Act, the
Secretary shall implement an electronic merchant mariner
licensing and documentation system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT
MARINER CREDENTIALS.
(a) In General.--The Secretary shall conduct an assessment to
determine the resources, including personnel and computing
resources, required to reduce the amount of time necessary to
process an application for a merchant mariner credential to not
more than 2 weeks after the date of receipt of such
application.
(b) Briefing Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall provide a
briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives with the results of the assessment required
under subsection (a).
SEC. 11513. GAO REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare and submit a report to Congress that
evaluates the processes of the National Maritime Center for
processing and approving merchant mariner credentials, as of
the date of enactment of this Act.
(b) Contents.--In preparing the report required under
subsection (a), the Comptroller General shall--
(1) analyze the effectiveness of the merchant mariner
credentialing process, as of the date of enactment of
this Act;
(2) analyze the backlogs relating to the merchant
mariner credentialing process and the reasons for such
backlogs; and
(3) provide recommendations for improving and
expediting the merchant mariner credentialing process,
including funding needed to support improved processing
times.
SEC. 11514. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Military
to Mariners Act of 2022''.
(b) Modification of Sea Service Requirements for Merchant
Mariner Credentials for Veterans and Members of the Uniformed
Services.--
(1) Review and regulations.--Notwithstanding any
other provision of law, not later than 2 years after
the date of enactment of this Act, the Secretary
shall--
(A) review and examine--
(i) the timeframes and impediments
for veterans and members of the
uniformed services to receive a
merchant mariner credential;
(ii) the classifications of sea
service acquired through training and
service as a member of the Uniformed
Services and level of equivalence such
service has with respect to sea service
on merchant vessels; and
(iii) the amount of sea service,
including percent of the total time
onboard for purposes of equivalent
underway service, that will be accepted
as required experience for all
endorsements for applicants for a
merchant mariner credential who are
veterans or members of the Uniformed
Services; and
(B) issue new regulations to--
(i) streamline, ensure the accuracy
of, and expedite the transfer, review
and acceptance of information
pertaining to training and sea time for
applicants for a merchant mariner
credential who are veterans or members
of the Uniformed Services;
(ii) increase the acceptable
percentages of time equivalent to sea
service for such applicants pursuant to
findings of the review and examination
conducted under subparagraph (A); and
(iii) reduce burdens and create a
means of alternative compliance to
demonstrate instructor competency for
Standards of Training, Certification
and Watchkeeping for Seafarers courses.
(2) Consultation.--In carrying out paragraph (2), the
Secretary shall consult with the National Merchant
Marine Personnel Advisory Committee and shall take into
account the present and future needs of the United
States Merchant Marine labor workforce.
(3) Report.--Not later than 180 days after the date
of enactment of this Act, the United States Committee
on the Marine Transportation System shall submit to the
Committees on Commerce, Science, and Transportation and
Armed Services of the Senate and the Committees on
Transportation and Infrastructure and Armed Services of
the House of Representatives, a report that contains an
update on the activities carried out to implement--
(A) the July 2020 report by the Committee on
the Marine Transportation System to the White
House Office of Trade and Manufacturing Policy
on the implementation of Executive Order 13860
(84 Fed. Reg. 8407; relating to supporting the
transition of active duty servicemembers and
military veterans into the Merchant Marine);
and
(B) section 3511 of the National Defense
Authorization Act for Fiscal Year 2020 (46
U.S.C. 3702 note).
(c) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary, in collaboration with the Secretary of
Defense, shall assess the use of the SkillBridge program of the
Department of Defense as a means for transitioning active duty
sea service personnel to employment as merchant mariners.
SEC. 11515. DEFINITIONS.
In this subtitle:
(1) Credentialed mariner.--The term ``credentialed
mariner'' means an individual with a merchant mariner
credential.
(2) Merchant mariner credential.--The term ``merchant
mariner credential'' has the meaning given such term in
section 7510(d) of title 46, United States Code.
(3) Uniformed services.--The term ``uniformed
services'' has the meaning given the term ``uniformed
services'' in section 2101 of title 5, United States
Code.
Subtitle C--Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended by striking ``the date that is 2 years after
the date of the enactment of this Act'' and inserting ``January
1, 2025''.
SEC. 11517. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the total
number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code,
during each of the past 10 fiscal years.
(b) Contents.--The report required under subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known
or estimated to operate or to have operated as
oceanographic research vessels (as such term is defined
in section 2101 of title 46, United States Code) during
each of the past 10 fiscal years.
(2) The total number of United States-flagged vessels
known or estimated to operate or to have operated as
oceanographic research vessels (as such term is defined
section 2101 of title 46, United States Code) during
each of the past 10 fiscal years.
SEC. 11518. PORT ACCESS ROUTES BRIEFING.
(a) Atlantic Coast Port Access Route.--Not later than 30 days
after the date of enactment of this Act, and not less than
every 30 days thereafter until the requirements of section
70003 of title 46, United States Code, are fully executed with
respect to the Atlantic Coast Port Access Route, the Secretary
shall brief the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on any progress made
to execute such requirements.
(b) Other Coast Port Access Routes.--Not later than 180 days
after the date of enactment of this Act, and not less than
every 180 days thereafter until the requirements of section
70003 of title 46, United States Code, are fully executed with
respect to each of the Alaskan Arctic, Gulf of Mexico and
Pacific Coast port access route studies, the Secretary shall
brief the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the status of each
study and the implementation of any recommendations made in
each such study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (B) by striking ``and'' after the
semicolon;
(2) in subparagraph (C) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) a vessel aboard which no individual, on
request of an officer of the United States
authorized to enforce applicable provisions of
United States law, claims to be the master or
is identified as the individual in charge, and
that has no other claim of nationality or
registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN
AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before the
first sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a),
the term `seaman' does not include an individual who--
``(A) is an aquaculture worker if State
workers' compensation is available to such
individual; and
``(B) was, at the time of injury, engaged in
aquaculture in a place where such individual
had lawful access.
``(2) Aquaculture worker defined.--In this
subsection, the term `aquaculture worker' means an
individual who--
``(A) is employed by a commercial enterprise
that is involved in the controlled cultivation
and harvest of aquatic plants and animals,
including--
``(i) the cleaning, processing, or
canning of fish and fish products;
``(ii) the cultivation and harvesting
of shellfish; and
``(iii) the controlled growing and
harvesting of other aquatic species;
``(B) does not hold a license issued under
section 7101(c); and
``(C) is not required to hold a merchant
mariner credential under part F of subtitle
II.''.
(b) Applicability.--The amendments made by this section shall
apply to an injury incurred on or after the date of enactment
of this Act.
SEC. 11521. REPORT ON SECURING VESSELS AND CARGO.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study that assesses the efforts of the
Coast Guard with respect to securing vessels and maritime cargo
bound for the United States from national security related
risks and threats.
(b) Elements.--In conducting the study under subsection (a),
the Comptroller General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and
maritime cargo bound for the United States from
national security related risks and threats and the
extent to which such programs cover the critical
components of the global supply chain.
(2) The extent to which the Coast Guard has
implemented leading practices in such programs,
including the extent to which the Coast Guard has
collaborated with foreign countries or foreign ports
that ship goods to the United States to implement such
leading practices.
(3) The extent to which the Coast Guard has assessed
the effectiveness of such programs.
(c) Report.--Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the results of the study
conducted under this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act,
the Commandant shall submit to Congress a report describing any
changes to the enforcement of chapters 121 and 551 of title 46,
United States Code, as a result of the amendments to section
4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) made by section 9503 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
SEC. 11523. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Maritime Administration shall
complete the land conveyance required under section 2833 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 11524. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order
14065 (87 Fed. Reg. 10293, relating to blocking certain
Russian property or transactions), or any successor
Executive Order is in effect, no vessel described in
subsection (b) may enter or operate in the navigable
waters of the United States or transfer cargo in any
port or place under the jurisdiction of the United
States.
(2) Limitations on application.--
(A) In general.--The prohibition under
paragraph (1) shall not apply with respect to a
vessel described in subsection (b) if the
Secretary of State determines that--
(i) the vessel is owned or operated
by a Russian national or operated by
the government of the Russian
Federation; and
(ii) it is in the national security
interest not to apply the prohibition
to such vessel.
(B) Notice.--Not later than 15 days after
making a determination under subparagraph (A),
the Secretary of State shall submit to the
Committee on Foreign Affairs and the Committee
on Transportation and Infrastructure of the
House of Representatives and the Committee on
Foreign Relations and the Committee on
Commerce, Science, and Transportation of the
Senate written notice of the determination and
the basis upon which the determination was
made.
(C) Publication.--The Secretary of State
shall publish a notice in the Federal Register
of each determination made under subparagraph
(A).
(3) Savings clause.--The prohibition under paragraph
(1) shall not apply with respect to vessels engaged in
passage permitted under international law.
(b) Vessels Described.--A vessel referred to in subsection
(a) is a vessel owned or operated by a Russian national or
operated by the government of the Russian Federation.
(c) Information and Publication.--The Secretary, with the
concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations
of all foreign vessels owned or operated by or on
behalf of the Government of the Russian Federation, a
Russian national, or a entity organized under the laws
of the Russian Federation or any jurisdiction within
the Russian Federation; and
(2) periodically publish in the Federal Register a
list of the vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify
each government, the agents or instrumentalities of
which are maintaining a registration of a foreign
vessel that is included on a list published under
subsection (c)(2), not later than 30 days after such
publication, that all vessels registered under such
government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a
government that continues to maintain a registration
for a vessel that is included on such list after
receiving an initial notification under paragraph (1),
the Secretary shall issue an additional notification to
such government not later than 120 days after the
publication of a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of
arrival under section 70001(a)(5) of title 46, United States
Code, from a vessel described in subsection (b), the Secretary
shall notify the master of such vessel that the vessel may not
enter or operate in the navigable waters of the United States
or transfer cargo in any port or place under the jurisdiction
of the United States, unless--
(1) the Secretary of State has made a determination
under subsection (a)(2); or
(2) the Secretary allows provisional entry of the
vessel, or transfer of cargo from the vessel, under
subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any
other provision of this section, the Secretary may allow
provisional entry of, or transfer of cargo from, a vessel, if
such entry or transfer is necessary for the safety of the
vessel or persons aboard.
SEC. 11525. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is
amended--
(1) in paragraph (1)(C)--
(A) by striking ``2015; and'' and inserting
``2015; or'';
(B) by striking ``(C) was'' and inserting the
following:
``(C)(i) was''; and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by
such shipyard or affiliate signed prior to such
date of enactment; and''; and
(2) in paragraph (2) by inserting ``or, in the case
of a dry dock described in paragraph (1)(C)(ii), occurs
between Honolulu, Hawaii, and Pearl Harbor, Hawaii''
before the period at the end.
SEC. 11526. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.
Section 10601(b) of title 46, United States Code, is
amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (3) as paragraph (4);
and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a seaman employed on a vessel
that is a catcher processor or fish processing vessel
that employs more than 25 crewmembers, include a
requirement that each crewmember shall be served not
less than three meals a day that--
``(A) total not less than 3,100 calories; and
``(B) include adequate water and minerals in
accordance with the United States Recommended
Daily Allowances; and''.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND
RESPONSE
SEC. 11601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or
contact as defined in chapter 109A of title 18, or a
substantially similar offense under State, local, or
Tribal law.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual
advances, requests for sexual favors,
or deliberate or repeated offensive
comments or gestures of a sexual nature
if any--
``(I) submission to such
conduct is made either
explicitly or implicitly a term
or condition of employment,
pay, career, benefits, or
entitlements of the individual;
``(II) submission to, or
rejection, of such conduct by
an individual is used as a
basis for decisions affecting
that individual's job, pay,
career, benefits, or
entitlements;
``(III) such conduct has the
purpose or effect of
unreasonably interfering with
an individual's work
performance or creates an
intimidating, hostile, or
offensive work environment; or
``(IV) conduct may have been
by an individual's supervisor,
a supervisor in another area, a
co-worker, or another
credentialed mariner; and
``(ii) is so severe or pervasive that
a reasonable person would perceive, and
the victim does perceive, the
environment as hostile or offensive;
``(B) any use or condonation associated with
first-hand or personal knowledge, by any
individual in a supervisory or command
position, of any form of sexual behavior to
control, influence, or affect the career, pay,
benefits, entitlements, or employment of a
subordinate; and
``(C) any intentional or repeated unwelcome
verbal comment or gesture of a sexual nature
towards or about an individual by the
individual's supervisor, a supervisor in
another area, a coworker, or another
credentialed mariner.''.
(b) Report.--The Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing any changes
the Commandant may propose to the definitions added by the
amendments in subsection (a).
(c) Conforming Amendments.--
(1) Authority to exempt certain vessels.--Section
2113(3) of title 46, United States Code, is amended by
striking ``section 2101(51)(A)'' and inserting
``section 2101(53)(A)''.
(2) Uninspected passenger vessels.--Section 4105 of
title 46, United States Code, is amended--
(A) in subsections (b)(1) and (c) by striking
``section 2101(51)'' each place it appears and
inserting ``section 2101''; and
(B) in subsection (d) by striking ``section
2101(51)(A)'' and inserting ``section
2101(53)(A)''.
(3) General authority.--Section 1131(a)(1)(E) of
title 49, United States Code, is amended by striking
``section 2101(46)'' and inserting ``section 116''.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this
part shall be denied to an individual who has been convicted of
a sexual offense prohibited under--
``(1) chapter 109A of title 18, except for subsection
(b) of section 2244 of title 18; or
``(2) a substantially similar offense under State,
local, or Tribal law.
``(b) Abusive Sexual Contact.--A license, certificate of
registry, or merchant mariner's document authorized to be
issued under this part may be denied to an individual who
within 5 years before applying for the license, certificate, or
document, has been convicted of a sexual offense prohibited
under subsection (b) of section 2244 of title 18, or a
substantially similar offense under State, local, or Tribal
law.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title
46, United States Code, is amended by adding at the end the
following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code,
is amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part, within 5 years before the beginning of the suspension and
revocation proceedings, is the subject of an official finding
of sexual harassment, then the license, certificate of
registry, or merchant mariner's document may be suspended or
revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 10
years before the beginning of the suspension and revocation
proceedings, is the subject of an official finding of sexual
assault, then the license, certificate of registry, or merchant
mariner's document shall be revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term
`official finding' means--
``(A) a legal proceeding or agency finding or
decision that determines the individual
committed sexual harassment or sexual assault
in violation of any Federal, State, local, or
Tribal law or regulation; or
``(B) a determination after an investigation
by the Coast Guard that, by a preponderance of
the evidence, the individual committed sexual
harassment or sexual assault if the
investigation affords appropriate due process
rights to the subject of the investigation.
``(2) Administrative law judge review.--
``(A) Coast guard investigation.--A
determination under paragraph (1)(B) shall be
reviewed and affirmed by an administrative law
judge within the same proceeding as any
suspension or revocation of a license,
certificate of registry, or merchant mariner's
document under subsection (a) or (b).
``(B) Legal proceeding.--A determination
under paragraph (1)(A) that an individual
committed sexual harassment or sexual assault
is conclusive in suspension and revocation
proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 77 of title
46, United States Code, is amended by inserting after the item
relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 11604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3) by striking ``and'' at the
end;
(2) in subsection (a)(4) by striking the period at
the end and inserting ``; and'';
(3) in subsection (a) by adding at the end the
following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies
prohibiting sexual assault and sexual
harassment, retaliation, and drug and alcohol
usage; and
``(B) procedures and resources to report
crimes, including sexual assault and sexual
harassment, including information--
``(i) on the telephone number,
website address, and email address for
reporting allegations of sexual assault
and sexual harassment to the Coast
Guard;
``(ii) on vessel owner or company
procedures to report violations of
company policy and access resources;
``(iii) on resources provided by
outside organizations such as sexual
assault hotlines and counseling;
``(iv) on the retention period for
surveillance video recording after an
incident of sexual harassment or sexual
assault is reported; and
``(v) additional items specified in
regulations issued by, and at the
discretion of, the Secretary of the
department in which the Coast Guard is
operating.''; and
(4) in subsection (d) by adding at the end the
following: ``In each washing space in a visible
location there shall be information regarding
procedures and resources to report crimes upon the
vessel, including sexual assault and sexual harassment,
and vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug
and alcohol usage.''.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B)
through (G) as subparagraphs (C) through (H),
respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) the seaman in good faith has reported or is
about to report to the vessel owner, Coast Guard or
other appropriate Federal agency or department sexual
harassment or sexual assault against the seaman or
knowledge of sexual harassment or sexual assault
against another seaman;''; and
(2) in paragraphs (2) and (3) by striking ``paragraph
(1)(B)'' and inserting ``paragraph (1)(C)''.
SEC. 11606. ALCOHOL AT SEA.
(a) In General.--The Commandant shall seek to enter into an
agreement with the National Academy of Sciences not later than
1 year after the date of enactment of this Act under which the
National Academy of Sciences shall prepare an assessment to
determine safe levels of alcohol consumption and possession by
crew members aboard vessels of the United States engaged in
commercial service, except when such possession is associated
with the commercial sale to individuals aboard the vessel who
are not crew members.
(b) Assessment.--The assessment prepared pursuant to
subsection (a) shall--
(1) take into account the safety and security of
every individual on the vessel;
(2) take into account reported incidences of sexual
harassment or sexual assault, as defined in section
2101 of title 46, United States Code; and
(3) provide any appropriate recommendations for any
changes to laws, regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under this
section, the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, the Commandant, and the Secretary
the assessment prepared pursuant to subsection (a).
(d) Regulations.--The Commandant--
(1) shall, not later than 180 days after receiving
the submission of the assessment under subsection (c),
review the changes to regulations recommended in such
assessment; and
(2) taking into account the safety and security of
every individual on vessels of the United States
engaged in commercial service, may issue regulations
relating to alcohol consumption on such vessels.
(e) Savings Clause.--To the extent the Commandant issues
regulations establishing safe levels of alcohol consumption in
accordance with subsection (d), the Commandant may not issue
regulations which prohibit--
(1) the owner or operator of a vessel from imposing
additional restrictions on the consumption of alcohol,
including the prohibition of the consumption of alcohol
on such vessels; and
(2) possession of alcohol associated with the
commercial sale to individuals aboard the vessel who
are not crew members.
(f) Report Required.--If, by the date that is 2 years after
the receipt of the assessment under subsection (c), the
Commandant does not issue regulations under subsection (d), the
Commandant shall provide a report by such date to the
committees described in subsection (c)--
(1) containing the rationale for not issuing such
regulations; and
(2) providing other recommendations as necessary to
ensure safety at sea.
SEC. 11607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service
that does not carry passengers, shall maintain a video
surveillance system.
``(b) Applicability.--The requirements in this section shall
apply to--
``(1) documented vessels with overnight
accommodations for at least 10 individuals on board
that are--
``(A) on a voyage of at least 600 miles and
crosses seaward of the Boundary Line; or
``(B) at least 24 meters (79 feet) in overall
length and required to have a load line under
chapter 51;
``(2) documented vessels of at least 500 gross tons
as measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by
the Secretary under section 14104 on an international
voyage; and
``(3) vessels with overnight accommodations for at
least 10 individuals on board that are operating for no
less than 72 hours on waters superjacent to the outer
Continental Shelf (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which
this section applies shall install video and audio
surveillance equipment aboard the vessel not later than
2 years after enactment of the Don Young Coast Guard
Authorization Act of 2022, or during the next scheduled
drydock, whichever is later.
``(2) Locations.--Video and audio surveillance
equipment shall be placed in passageways on to which
doors from staterooms open. Such equipment shall be
placed in a manner ensuring the visibility of every
door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--The owner of a
vessel to which this section applies shall ensure that access
to records of video and audio surveillance is not used as part
of a labor action against a crew member or employment dispute
unless used in a criminal or civil action.
``(f) Retention Requirements.--The owner of a vessel to which
this section applies shall retain all records of audio and
video surveillance for not less than 1 year after the footage
is obtained. Any video and audio surveillance found to be
associated with an alleged incident should be preserved for not
less than 5 years from the date of the alleged incident.
``(g) Personnel Training.--A vessel owner or employer of a
seafarer shall provide training for all individuals employed by
the owner or employer for the purpose of responding to
incidents of sexual assault or sexual harassment, including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and
other evidence objectively; and
``(B) act impartially without influence from
the company or others; and
``(2) training on applicable Federal, State, Tribal,
and local laws and regulations regarding sexual assault
and sexual harassment investigations and reporting
requirements.
``(g) Definition of Owner.--In this section, the term `owner'
means the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels,
and fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
II of title 46, United States Code, is amended by adding after
the item related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels................4901''.
SEC. 11608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to
inspection under section 3301 shall--
``(1) ensure that such vessel is equipped with a
vessel master key control system, manual or electronic,
which provides controlled access to all copies of the
vessel's master key of which access shall only be
available to the individuals described in paragraph
(2);
``(2) establish a list of all crew, identified by
position, allowed to access and use the master key and
maintain such list upon the vessel, within owner
records and included in the vessel safety management
system;
``(3) record in a log book information on all access
and use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member
that used the master key; and
``(4) make the list under paragraph (2) and the log
book under paragraph (3) available upon request to any
agent of the Federal Bureau of Investigation, any
member of the Coast Guard, and any law enforcement
officer performing official duties in the course and
scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list
described in subsection (a)(2) shall not have access to or use
the master key unless in an emergency and shall immediately
notify the master and owner of the vessel following use of such
key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety
management system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that
is readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key
without having been granted access pursuant to subsection
(a)(2) shall be liable to the United States Government for a
civil penalty of not more than $1,000 and may be subject to
suspension or revocation under section 7703.
``(e) Exemption.--This section shall not apply to vessels
subject to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title
46, United States Code, is amended by adding at the end the
following:
``3106. Master key control system.''.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Responsible Entity of a
Vessel.--
``(1) In general.--The responsible entity of a vessel
shall report to the Commandant any complaint or
incident of harassment, sexual harassment, or sexual
assault in violation of employer policy or law, of
which such entity is made aware.
``(2) Penalty.--A responsible entity of a vessel who
knowingly fails to report in compliance with paragraph
(1) is liable to the United States Government for a
civil penalty of not more than $50,000.
``(b) Reporting Procedures.--
``(1) Responsible entity of a vessel reporting.--A
report required under subsection (a) shall be made
immediately after the responsible entity of a vessel
gains knowledge of a sexual assault or sexual
harassment incident by the fastest telecommunication
channel available to--
``(A) a single entity in the Coast Guard
designated by the Commandant to receive such
reports; and
``(B) the appropriate officer or agency of
the government of the country in whose waters
the incident occurs.
``(2) Contents.--Such shall include, to the best of
the knowledge of the individual making the report--
``(A) the name, official position or role in
relation to the vessel, and contact information
of such individual;
``(B) the name and official number of the
documented vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of
the vessel when the incident occurred; and
``(E) a brief description of the alleged
sexual harassment or sexual assault being
reported.
``(3) Receiving reports; collection of information.--
``(A) Receiving reports.--With respect to
reports submitted under subsection (a), the
Commandant--
``(i) may establish additional
reporting procedures, including
procedures for receiving reports
through--
``(I) a single telephone
number that is continuously
manned at all times; and
``(II) a single email address
that is continuously monitored;
and
``(ii) shall use procedures that
include preserving evidence in such
reports and providing emergency service
referrals.
``(B) Collection of information.--After
receipt of the report made under subsection
(a), the Coast Guard shall collect information
related to the identity of each alleged victim,
alleged perpetrator, and any witnesses
identified in the report through means designed
to protect, to the extent practicable, the
personal identifiable information of such
individuals.
``(c) Subpoena Authority.--
``(1) In general.--The Commandant may compel the
testimony of witnesses and the production of any
evidence by subpoena to determine compliance with this
section.
``(2) Jurisdictional limits.--The jurisdictional
limits of a subpoena issued under this section are the
same as, and are enforceable in the same manner as,
subpoenas issued under chapter 63 of this title.
``(d) Company After-action Summary.--
``(1) A responsible entity of a vessel that makes a
report under subsection (a) shall--
``(A) submit to the Commandant a document
with detailed information to describe the
actions taken by such entity after becoming
aware of the sexual assault or sexual
harassment incident, including the results of
any investigation into the complaint or
incident and any action taken against the
offending individual; and
``(B) make such submission not later than 10
days after such entity made the report under
subsection (a).
``(2) Civil penalty.--A responsible entity of a
vessel that fails to comply with paragraph (1) is
liable to the United States Government for a civil
penalty of $25,000 and $500 shall be added for each day
of noncompliance, except that the total amount of a
penalty with respect to a complaint or incident shall
not exceed $50,000 per violation.
``(e) Investigatory Audit.--The Commandant shall periodically
perform an audit or other systematic review of the submissions
made under this section to determine if there were any failures
to comply with the requirements of this section.
``(f) Applicability; Regulations.--
``(1) Regulations.-- The Secretary may issue
regulations to implement the requirements of this
section.
``(2) Interim reports.--Any report required to be
made to the Commandant under this section shall be made
to the Coast Guard National Command Center, until
regulations implementing the procedures required by
this section are issued.
``(g) Definition of Responsible Entity of a Vessel.--In this
section, the term `responsible entity of a vessel' means--
``(1) the owner, master, or managing operator of a
documented vessel engaged in commercial service; or
``(2) the employer of a seafarer on such a vessel.''.
SEC. 11610. SAFETY MANAGEMENT SYSTEM.
(a) Safety Management System.--Section 3203 of title 46,
United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6)
as paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the
following:
``(5) with respect to sexual harassment and sexual
assault, procedures for, and annual training
requirements for all responsible persons and vessels to
which this chapter applies on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and
the log book required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements
described in subsection (a)(5), such procedures and
requirements shall be consistent with the requirements to
report sexual harassment or sexual assault under section 10104.
``(c) Audits.--
``(1) Certificates.--
``(A) Suspension.--During an audit of a
safety management system of a vessel required
under section 10104(e), the Secretary may
suspend the Safety Management Certificate
issued for the vessel under section 3205 and
issue a separate Safety Management Certificate
for the vessel to be in effect for a 3-month
period beginning on the date of the issuance of
such separate certificate.
``(B) Revocation.--At the conclusion of an
audit of a safety management system required
under section 10104(e), the Secretary shall
revoke the Safety Management Certificate issued
for the vessel under section 3205 if the
Secretary determines--
``(i) that the holder of the Safety
Management Certificate knowingly, or
repeatedly, failed to comply with
section 10104; or
``(ii) other failure of the safety
management system resulted in the
failure to comply with such section.
``(2) Documents of compliance.--
``(A) In general.--Following an audit of the
safety management system of a vessel required
under section 10104(e), the Secretary may audit
the safety management system of the responsible
person for the vessel.
``(B) Suspension.--During an audit under
subparagraph (A), the Secretary may suspend the
Document of Compliance issued to the
responsible person under section 3205 and issue
a separate Document of Compliance to such
person to be in effect for a 3-month period
beginning on the date of the issuance of such
separate document.
``(C) Revocation.--At the conclusion of an
assessment or an audit of a safety management
system under subparagraph (A), the Secretary
shall revoke the Document of Compliance issued
to the responsible person if the Secretary
determines--
``(i) that the holder of the Document
of Compliance knowingly, or repeatedly,
failed to comply with section 10104; or
``(ii) that other failure of the
safety management system resulted in
the failure to comply with such
section.''.
(b) Verification of Compliance.--Section 3205(c)(1) of title
46, United States Code, is amended by inserting ``, or upon
discovery from other sources of information acquired by the
Coast Guard, including a discovery made during an audit or
systematic review conducted under section 10104(e) of a failure
of a responsible person or vessel to comply with a requirement
of a safety management system for which a Safety Management
Certificate and a Document of compliance has been issued under
this section, including a failure to comply with regulations
prescribed under section 3203(a)(7) and (8),'' after
``periodically''.
SEC. 11611. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 10105. Reports to Congress
``(a) In General.--Not later than 1 year after the date of
enactment of the Don Young Coast Guard Authorization Act of
2022, and on an annual basis thereafter, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
``(1) the number of reports received under section
10104;
``(2) the number of penalties issued under such
section;
``(3) the number of open investigations under such
section, completed investigations under such section,
and the outcomes of such open or completed
investigations;
``(4) the number of assessments or audits conducted
under section 3203 and the outcome of those assessments
or audits;
``(5) a statistical analysis of compliance with the
safety management system criteria under section 3203;
``(6) the number of credentials denied or revoked due
to sexual harassment, sexual assault, or related
offenses; and
``(7) recommendations to support efforts of the Coast
Guard to improve investigations and oversight of sexual
harassment and sexual assault in the maritime sector,
including funding requirements and legislative change
proposals necessary to ensure compliance with title
CXVI of the Don Young Coast Guard Authorization Act of
2022 and the amendments made by such title.
``(b) Privacy.--In collecting the information required under
subsection (a), the Commandant shall collect such information
in a manner that protects the privacy rights of individuals who
are subjects of such information.''.
(b) Clerical Amendment.--The analysis for chapter 101 of
title 46, United States Code, is amended by adding at the end
the following:
``10105. Reports to Congress.''.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 11701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3002(b)) is amended by adding at the end the following:
``(8) Under secretary.--The term `Under Secretary'
means the Under Secretary of Commerce for Oceans and
Atmosphere.''.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3021(c)) is amended by striking ``may not be given'' and
inserting the following: ``may--
``(1) be given only to an individual who is a citizen
of the United States; and
``(2) not be given.''.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF
SERVICE.
(a) In General.--Section 223 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3023) is amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any
time found not fully qualified, the officer's commission shall
be revoked and the officer shall be separated from the
commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by striking the item relating
to section 223 and inserting the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3001 et seq.) is amended by adding at the end
the following:
``SEC. 220. AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges,
trophies, and similar devices to members of the commissioned
officer corps of the Administration and to members of other
uniformed services for service and achievement in support of
the missions of the Administration.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 219 the following:
``Sec. 220. Awards and decorations.''.
SEC. 11705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1)
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(a)(1))
is amended to read as follows:
``(1) an officer in the permanent grade of captain or
commander may--
``(A) except as provided by subparagraph (B),
be transferred to the retired list; or
``(B) if the officer is not qualified for
retirement, be separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33
U.S.C. 3043(a)) is amended by striking ``be retired'' and
inserting ``be retired or separated (as specified in section
1251(e) of title 10, United States Code)''.
(c) Retirement or Separation Based on Years of Creditable
Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is
amended--
(1) by redesignating paragraphs (17) through (26) as
paragraphs (18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or
separation based on years of creditable service.''.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end
the following:
``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.
``(a) In General.--The Under Secretary may prescribe
regulations relating to shore leave for professional mariners
without regard to the requirements of section 6305 of title 5,
United States Code.
``(b) Requirements.--The regulations prescribed under
subsection (a) shall--
``(1) require that a professional mariner serving
aboard an ocean-going vessel be granted a leave of
absence of 4 days per pay period; and
``(2) provide that a professional mariner serving in
a temporary promotion position aboard a vessel may be
paid the difference between such mariner's temporary
and permanent rates of pay for leave accrued while
serving in the temporary promotion position.
``(c) Professional Mariner Defined.--In this section, the
term `professional mariner' means an individual employed on a
vessel of the Administration who has the necessary expertise to
serve in the engineering, deck, steward, electronic technician,
or survey department.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Act entitled ``An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes''
(Public Law 107-372) is amended by inserting after the item
relating to section 269A the following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 11707. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is
amended by inserting ``or the commissioned officer corps of the
National Oceanic and Atmospheric Administration'' after
``Public Health Service''.
SEC. 11708. ACQUISITION OF AIRCRAFT FOR AGENCY AIR, ATMOSPHERE, AND
WEATHER RECONNAISSANCE AND RESEARCH MISSION.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for
Oceans and Atmosphere shall acquire adequate aircraft
platforms with the necessary observation and
modification requirements--
(A) to meet agency-wide air reconnaissance
and research mission requirements, particularly
with respect to hurricanes and tropical
cyclones, and also for atmospheric chemistry,
climate, air quality for public health, full-
season fire weather research and operations,
full-season atmospheric river air
reconnaissance observations, and other mission
areas; and
(B) to ensure data and information collected
by the aircraft are made available to all users
for research and operations purposes.
(2) Contracts.--In carrying out paragraph (1), the
Under Secretary shall negotiate and enter into 1 or
more contracts or other agreements, to the extent
practicable and necessary, with 1 or more governmental
or nongovernmental entities.
(b) Acquisition of Aircraft To Replace WP-3D Aircraft.--
Subject to the availability of appropriations, the Under
Secretary may enter into a contract for the acquisition of up
to 6 aircraft to replace the WP-3D aircraft that provides for--
(1) the first newly acquired aircraft to be fully
operational before the retirement of the last WP-3D
aircraft operated by the National Oceanic and
Atmospheric Administration; and
(2) the second newly acquired aircraft to be fully
operational not later than 1 year after the first such
aircraft is required to be fully operational under
subparagraph (A).
(c) Acquisition of Aircraft to Replace End of Life-cycle
Aircraft.--Subject to the availability of appropriations, the
Under Secretary shall maintain the ability of the National
Oceanic and Atmospheric Administration to meet agency air
reconnaissance and research mission requirements by acquiring
new aircraft prior to the end of the service life of the
aircraft being replaced with sufficient lead time that the
replacement aircraft is fully operation prior to the retirement
of the aircraft it is replacing.
(d) Authorization of Appropriations.--For fiscal year 2023,
there is authorized to be appropriated to the Under Secretary
$800,000,000 for the acquisition of aircraft under this
section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Natural
Resources of the House of Representatives a report on staffing
issues relating to professional mariners within the Office of
Marine and Aviation Operations of the National Oceanic and
Atmospheric Administration.
(b) Elements.--In conducting the report required under
subsection (a), the Comptroller General shall consider--
(1) the challenges the Office of Marine and Aviation
Operations faces in recruiting and retaining qualified
professional mariners;
(2) workforce planning efforts to address such
challenges; and
(3) other models or approaches that exist, or are
under consideration, to provide incentives for the
retention of qualified professional mariners.
(c) Professional Mariner Defined.--In this section, the term
``professional mariner'' means an individual employed on a
vessel of the National Oceanic and Atmospheric Administration
who has the necessary expertise to serve in the engineering,
deck, steward, or survey department.
Subtitle B--Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and
Borough of Juneau, Alaska.
(2) Master plan.--The term ``Master Plan'' means the
Juneau Small Cruise Ship Infrastructure Master Plan
released by the Docks and Harbors Board and Port of
Juneau for the City and dated March 2021.
(3) Property.--The term ``Property'' means the parcel
of real property consisting of approximately 2.4 acres,
including tidelands, owned by the United States and
under administrative custody and control of the
National Oceanic and Atmospheric Administration and
located at 250 Egan Drive, Juneau, Alaska, including
any improvements thereon that are not authorized or
required by another provision of law to be conveyed to
a specific individual or entity.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere and the
Administrator of the National Oceanic and Atmospheric
Administration.
(b) Conveyance Authorized.--
(1) In general.--The Secretary may convey, at fair
market value, all right, title, and interest of the
United States in and to the Property, subject to the
restrictions in subsections (b)(2) and (c) and the
requirements of this section.
(2) Restriction.--The Secretary may not take action
under this section until the Commandant notifies the
Secretary in writing that the Coast Guard does not have
an interest in acquiring the property, or a period of
180 calendar days expires following the date of
enactment of this section.
(3) Notification expiration.--If, the Secretary has
not received notification under paragraph (2) at the
end of the 180 calendar day period, the Secretary and
the Commandant shall notify the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate in
writing that no notification has been received.
(4) Termination of authority.--The authority provided
under paragraph (1) shall terminate on the date that is
3 years after the date of the enactment of this Act.
(c) Transfer of Property to Coast Guard.--
(1) In general.--If not later than 180 calendar days
after the date of enactment of this Act the Commandant
notifies the Secretary that the Coast Guard has an
interest in the Property, the Secretary shall transfer
the Property to the Coast Guard.
(2) Transfer.--Any transfer performed pursuant to
this subsection shall--
(A) occur not later than 1 year of any
written notification required under paragraph
(1);
(B) include within the transfer from the
Department of Commerce to the Coast Guard all
legal obligations attached to ownership or
administrative control of the Property,
interest therein, or improvements thereto,
including environmental compliance and
restoration liabilities and historical
preservation liabilities and responsibilities;
(C) be at no cost to the Department of
Commerce, to include all land survey costs;
(D) not affect or limit any remaining real
property interests held by the Department of
Commerce on any real property subject to such
transfer; and
(E) be accompanied by a memorandum of
agreement between the Coast Guard and the
Department of Commerce to require the
Commandant to allow--
(i) future access to, and use of, the
Property, including use of available
pier space, to accommodate the
reasonable expectations of the
Secretary for future operational and
logistical needs in southeast Alaska;
and
(ii) continued access to, and use of,
existing facilities on the Property,
including a warehouse and machine shop,
unless the Commandant determines that
the Property on which the facilities
are located is needed to support polar
operations, at which time the Coast
Guard shall provide the Department of
Commerce access to and use of
comparable space in reasonable
proximity to the existing facilities.
(d) Right of First Refusal.--If the Coast Guard does not
transfer the Property under subsection (c), the City shall have
the right of first refusal with respect to the purchase, at
fair market value, of the Property.
(e) Survey.--The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the
Secretary.
(f) Condition; Quitclaim Deed.--If the Property is conveyed
under subsection (b)(1), the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(g) Fair Market Value.--
(1) In general.--The fair market value of the
Property shall be--
(A) determined by an appraisal that--
(i) is conducted by an independent
appraiser selected by the Secretary;
and
(ii) meets the requirements of
paragraph (2); and
(B) adjusted, at the Secretary's discretion,
based on the factors described in paragraph
(3).
(2) Appraisal requirements.--An appraisal conducted
under paragraph (1)(A) shall be conducted in accordance
with nationally recognized appraisal standards,
including the Uniform Standards of Professional
Appraisal Practice.
(3) Factors.--The factors described in this paragraph
are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the
Property, if the City exercises the right of
first refusal under subsection (d), including--
(i) comprehensive waterfront
planning, site development, and other
redevelopment activities supported by
the City in proximity to the Property
in furtherance of the Master Plan;
(ii) in-kind contributions made to
facilitate and support use of the
Property by governmental agencies; and
(iii) any maintenance expenses,
capital improvement, or emergency
expenditures made necessary to ensure
public safety and access to and from
the Property; and
(C) such other factors as the Secretary
considers appropriate.
(h) Costs of Conveyance.--If the City exercises the right of
first refusal under subsection (d), all reasonable and
necessary costs, including real estate transaction and
environmental documentation costs, associated with the
conveyance of the Property to the City under this section may
be shared equitably by the Secretary and the City, as
determined by the Secretary, including with the City providing
in-kind contributions for any or all of such costs.
(i) Proceeds.--Any proceeds from a conveyance of the Property
under subsection (b)(1) shall--
(1) be credited as discretionary offsetting
collections to the applicable appropriations accounts
or funds of the National Oceanic and Atmospheric
Administration that exists as of the date of enactment
of this Act; and
(2) be used to cover costs associated with the
conveyance of the Property, related relocation efforts,
and other facility and infrastructure projects in
Alaska and shall be made available for such purposes
only to the extent and in the amounts provided in
advance in appropriations Acts.
(j) Memorandum of Agreement.--If the City exercises the right
of first refusal under subsection (d), before finalizing a
conveyance to the City under this section, the Secretary and
the City shall enter into a memorandum of agreement to
establish the terms under which the Secretary shall have future
access to, and use of, the Property to accommodate the
reasonable expectations of the Secretary for future operational
and logistical needs in southeast Alaska.
(k) Reservation or Easement for Access and Use.--The
conveyance authorized under subsection (b)(1) shall be subject
to a reservation providing, or an easement granting, the
Secretary, at no cost to the United States, a right to access
and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by
other Federal, State, and local government agencies
that have customarily used the Property.
(l) Liability.--In the event that the Property is conveyed to
the City of Juneau the following shall apply:
(1) After conveyance.--An individual or entity to
which a conveyance is made under this section shall
hold the United States harmless from any liability with
respect to activities carried out on or after the date
and time of the conveyance of the Property.
(2) Before conveyance.--The United States shall
remain responsible for any liability the United States
incurred with respect to activities carried out by the
United States on the Property before the date and time
of the conveyance of the Property.
(m) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
a conveyance under this section as the Secretary considers
appropriate and reasonable to protect the interests of the
United States.
(n) Environmental Compliance.--Nothing in this section shall
be construed to affect or limit the application of or
obligation to comply with any applicable environmental law,
including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(o) Conveyance Not a Major Federal Action.--A conveyance
under this section shall not be considered a major Federal
action for purposes of section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
TITLE CXVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.
(a) In General.--Section 46101(b) of title 46, United States
Code, is amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting
``2 years''; and
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being
succeeded'' and inserting ``to which such
individual is appointed'';
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(C) by striking ``the predecessor of that''
and inserting ``such''.
(b) Applicability.--The amendments made by this section shall
not apply to Commissioners to whom section 403(b) of the Howard
Coble Coast Guard and Maritime Transportation Act of 2014
(Public Law 113-281) applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (A) by striking ``at least 250''
and inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or
more passengers; and''.
SEC. 11803. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended--
(1) in the section heading by striking ``security
cards'' and inserting ``worker identification
credentials'';
(2) by striking ``transportation security card'' each
place it appears and inserting ``transportation worker
identification credential'';
(3) by striking ``transportation security cards''
each place it appears and inserting ``transportation
worker identification credentials'';
(4) by striking ``card'' each place it appears and
inserting ``credential'';
(5) in the heading for subsection (b) by striking
``Cards'' and inserting ``Credentials'';
(6) in subsection (g) by striking ``Assistant
Secretary of Homeland Security for'' and inserting
``Administrator of'';
(7) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(8) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through
(o), respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker
Identification Credential''; and
(B) in the heading for paragraph (2) by
striking ``security cards'' and inserting
``worker identification credential'';
(10) in subsection (k)(1), as so redesignated, by
striking ``subsection (k)(3)'' and inserting
``subsection (j)(3)'';
(11) by striking paragraph (4) of subsection (k), as
so redesignated; and
(12) in subsection (o), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker
Identification Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)''
and inserting ``subsection (j)(3)'';
and
(ii) by striking ``This plan shall''
and inserting ``Such receipt and
activation shall''; and
(C) in paragraph (2) by striking ``on-site
activation capability'' and inserting ``on-site
receipt and activation of transportation worker
identification credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of
title 46, United States Code, is amended by striking the item
related to section 70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
(c) Limitation on Implementation.--The Secretary may not
implement the rule entitled ``Transportation Worker
Identification Credential (TWIC)-Reader Requirements'' (81 Fed.
Reg. 57651) for covered facilities before May 8, 2026.
(d) Covered Facilities Defined.--In this section, the term
``covered facilities'' means--
(1) facilities that handle Certain Dangerous Cargoes
in bulk and transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes
in bulk, but do not transfer it from or to a vessel;
and
(3) facilities that receive vessels carrying Certain
Dangerous Cargoes in bulk but, during the vessel-to-
facility interface, do not transfer it from or to the
vessel.
SEC. 11805. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of
June 21, 1940 (33 U.S.C. 522(a)), popularly known as the
``Truman-Hobbs Act'', is--
(1) reinstated as it appeared on the day before the
date of the enactment of section 8507(b) of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
4754); and
(2) redesignated as the sole text of section 12 of
the Act of June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated under
subsection (a) shall be treated as if such section 8507(b) had
never taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the extent
provided in this section''.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation for this Act'',
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.
(a) In General.--Section 6304 of title 46, United States
Code, is amended--
(1) by striking ``subpena'' and inserting
``subpoena'' each place it appears; and
(2) in subsection (d) by striking ``subpenas'' and
inserting ``subpoenas''.
(b) Clerical Amendment.--The analysis for chapter 63 of title
46, United States Code, is amended by striking the item
relating to section 6304 and inserting the following:
``6304. Subpoena authority.''.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.
(a) Repeals.--The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896
(33 U.S.C. 474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C.
711; 721).
(3) The first sentence of section 2 of the Act of
July 27, 1912 (33 U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C.
713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C.
714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C.
715).
(7) Section 4679 of the Revised Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C.
737).
(9) The first sentence of the sixteenth paragraph of
the section entitled ``Coast Guard'' under the heading
``Treasury Department'' of the Act of June 5, 1920 (33
U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C.
744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C.
748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the
section entitled ``Lighthouse Service'' under the
heading ``Department of Commerce'' of the Act of
November 4, 1918 (33 U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C.
763a-2).
(15) The last paragraph of the section entitled
``Lighthouse Service'' under the heading ``Department
of Commerce'' of the Act of March 4, 1921 (33 U.S.C.
764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33
U.S.C. 765; 766).
(17) Section 5 of the Act of August 19, 1950 (33
U.S.C. 775).
(18) Subchapter III of chapter 25 of title 14, United
States Code, and the items relating to such subchapter
in the analysis for chapter 25 of such title.
(b) Operation of Repeals.--The repeals under paragraphs (5)
and (6) of subsection (a) shall not affect the operation of
section 103 of title 14, United States Code.
(c) Transfer.--Chapter 313 of the Act of September 15, 1922
is transferred to appear at the end of subchapter III of
chapter 5 of title 14, United States Code, redesignated as
section 548 of such title, and amended--
(1) by striking ``That hereafter the Commissioner of
Lighthouses'' and insert ``The Commandant of the Coast
Guard''; and
(2) by striking ``Lighthouse Service'' and inserting
``Coast Guard''.
JOINT EXPLANATORY STATEMENT TO ACCOMPANY THE JAMES M. INHOFE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023
[Note from the Director, Legislative Operations: The
following is the text of the Joint Explanatory Statement to
Accompany H.R. 7776, the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, as printed in the
Congressional Record on December 8, 2022]
The following consists of the explanatory material to
accompany the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023.
Section 5 of the Act specifies that this explanatory
statement 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 joint explanatory statement, 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
No. 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''.
Disclosure of earmarks and congressionally directed spending items
Although not required by the Rules of the House of
Representatives, the explanatory statement includes a table
that discloses congressional earmarks as defined in paragraph
(e) of clause 9 of rule XXI of the Rules of the House of
Representatives that are contained in the bill at the request
of a Member of the House of Representatives. Neither the bill
nor the explanatory statement contain any limited tax benefits
or limited tariff benefits as defined in paragraphs (f) or (g)
of clause 9 of rule XXI.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2023 was $802.4 billion. Of this amount, $772.5
billion was requested for Department of Defense programs, $29.5
billion was requested for national security programs in the
Department of Energy and the Defense Nuclear Facilities Safety
Board, and $378 million for defense-related activities.
The agreement would authorize $847.3 billion in fiscal year
2023, including $816.7 billion for Department of Defense
programs, $30.3 billion for national security programs in the
Department of Energy and the Defense Nuclear Facilities Safety
Board, and $378 million for defense-related activities.
The two tables preceding the detailed program adjustments
in division D of the accompanying joint explanatory statement
summarize the discretionary authorizations in the agreement and
the equivalent budget authority levels for fiscal year 2023
defense programs.
Sec. 4--Budgetary effects of this Act
The House bill contained a provision (sec. 1002) that would
state the budgetary effects of this Act for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010 (Public
Law 111-139).
The Senate amendment contained a similar provision (sec.
4).
The agreement includes the Senate provision.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Subtitle A--Authorization of Appropriations
Sec. 101--Authorization of appropriations
The House bill contained a provision (sec. 101) that would
authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The Senate amendment contained an identical provision (sec.
101).
The agreement includes this provision.
Subtitle B--Army Programs
Sec. 111--Limitations on production of Extended Range Cannon Artillery
howitzers
The Senate amendment contained a provision (sec. 111) that
would require the post-prototype production strategy for
Extended Range Cannon Artillery howitzers to be based on a full
and open competitive approach that considers the comparative
cost and value of a new-build versus Paladin-modification
production approach. The provision would require the Secretary
of the Army to certify compliance of the acquisition strategy
and provide a briefing to the congressional defense committees
prior to issuing Request for Proposals for post-prototype
procurement.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Subtitle C--Navy Programs
Sec. 121--Requirements relating to EA-18G aircraft of the Navy
The House bill contained a provision (sec. 111) that would
require the Secretary of the Navy to maintain a minimum
quantity of EA-18G aircraft capabilities to meet certain
requirements.
The Senate amendment contained a similar provision (sec.
129) that would require the Secretary of the Navy to retain all
EA-18G aircraft, transfer EA-18G aircraft in expeditionary
squadrons to the Navy Reserve, and establish joint service
expeditionary, land-based electronic attack squadrons with the
Air National Guard or Air Force Reserves.
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Navy to
maintain the EA-18G fleet through fiscal year 2027, and,
jointly with the Secretary of the Air Force, submit a report
within 180 days of enactment of this Act on a strategy and
execution plan to continuously and effectively meet airborne
electronic attack training and combat employment requirements
of the joint force. The strategy and execution plan shall, at a
minimum, include the establishment or continuation of one or
more joint service expeditionary, land-based electronic attack
squadrons to equal or exceed the capacity and capability of
such squadrons at currently existing basing locations. The plan
should comprise integration and utilization of both reserve and
active-duty component forces and resources within both military
departments.
Sec. 122--Navy shipbuilding workforce development special incentive
The Senate amendment contained a provision (sec. 126) that
would establish a Navy shipbuilding workforce development
initiative.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that retitles the initiative as a special incentive
for workforce development, modifies the minimum amount for
special incentive funding, provides waiver authority to the
Secretary of the Navy, and expands the list of entities
authorized to participate.
We believe that expanded incentives and investments in
workforce development, including through leveraging existing
programs established by local workforce development boards,
will have the potential to increase capacity, effectiveness,
and efficiency across all Navy new construction shipyards.
These incentives and investments should focus not only on
recruiting and training new workers, but also on retaining the
existing workforce as a means to grow all experience-levels
across these shipyards.
Sec. 123--Extension of prohibition on availability of funds for Navy
port waterborne security barriers
The Senate amendment contained a provision (sec. 127) that
would extend the prohibition on availability of funds for
purchasing Navy waterborne security barriers.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 124--Limitation on authority to modify capabilities and fleet
configuration of E-6B aircraft
The Senate amendment contained a provision (sec. 128) that
would prohibit the Secretary of the Navy from taking any action
that would prevent the Navy from maintaining the fleet of E-6B
aircraft in the configuration and capability in effect as of
the date of the enactment of this Act, until the date on which
the Chair of the Joint Requirements Oversight Council certifies
in writing to the congressional defense committees that the
replacement capability for the E-6B would be fielded at the
same time or before the retirement of the E-6B, and would
result in equal or greater capability available to the
commanders of the combatant commands.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would add an exception.
Sec. 125--Multiyear procurement authority for Arleigh Burke class
destroyers
The House bill contained a provision (sec. 112) that would
provide multiyear procurement authority for up to 15 Flight III
Arleigh Burke class destroyers. The House bill also contained a
provision (sec. 113) that would authorize the procurement of an
additional Arleigh Burke class destroyer and the use of
incremental funding for such contract.
The Senate amendment contained a provision (sec. 122) that
would also provide multiyear procurement authority for up to 15
Flight III Arleigh Burke class destroyers.
The agreement includes the Senate provision with an
amendment that would: (1) Prevent the Secretary of the Navy
from modifying a contract if the modification would increase
the target price of the destroyer by more than 10 percent above
the target price; and (2) Require the Secretary of the Navy to
ensure that one or more of the contracts includes pre-priced
option ships, such that the sum of the base quantity of ships
plus the pre-priced options ships is equal to 15 destroyers.
We believe that the DDG Flight III destroyer is the most
capable large surface combatant in the worldwide inventory of
the Department of Defense, recognize that the Department plans
to retire 18 large surface combatants over the next 5 years and
yet procure only 9 new large surface combatants during the same
period, and urge the Department to maximize savings and provide
stability to the large surface combatant industrial base
through the use of multiyear procurement contracts for the
maximum number of ships authorized by this provision.
Sec. 126--Procurement authority for Ship-to-Shore Connector program
The House bill contained a provision (sec. 114) that would
authorize the Secretary of the Navy to enter into one or more
contracts for up to 25 Ship-to-Shore Connector craft and
associated equipment.
The Senate amendment contained a similar provision (sec.
123) that would authorize one or more block buy contracts for
up to 10 Ship-to-Shore Connector craft and specify certain
certifications required for entry into such contracts.
The agreement includes the Senate provision with an
amendment that would modify the number of Ship-to-Shore
Connector craft that the Secretary of the Navy may enter into
contracts for to up to 25.
Sec. 127--Procurement authority for CH-53K heavy-lift helicopter
program
The House bill contained a provision (sec. 115) that would
authorize the Secretary of the Navy to enter into one contract
for procurement of up to 30 CH-53K helicopters and one contract
for procurement of up to 90 engines for the CH-53K during
fiscal years 2023 and 2024.
The Senate amendment contained a similar provision (sec.
130) that would require certain certifications by the Secretary
of Defense before the Navy could sign such contracts.
The agreement includes the Senate provision with a
technical amendment.
Sec. 128--Procurement authorities for John Lewis-class fleet
replenishment oiler ships
The Senate amendment contained a provision (sec. 124) that
would allow the Secretary of the Navy to enter into one or more
contracts for the procurement of not more than eight John
Lewis-class fleet replenishment oiler ships.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 129--Procurement authorities for certain amphibious shipbuilding
programs
The Senate amendment contained a provision (sec. 5101) that
authorize the Secretary of the Navy to enter into one or more
contracts for procuring up to five amphibious ships.
The House bill amendment contained no similar provision.
The agreement includes the Senate provision with an
amendment that would have the authority expire on September 30,
2026.
Sec. 130--Contracts for design and construction of the DDG(X) destroyer
program
The Senate amendment contained a provision (sec. 121) that
would prescribe certain aspects of the next large surface
combatant, the DDG(X) destroyer program, and encourage the
Secretary of the Navy to implement an acquisition strategy for
the DDG(X) based on a collaborative design, development, and
production approach between the Government and industry.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the language to: (1) Make such
prescribed aspects contingent on certain actions by the
milestone decision authority; (2) Expand the DDG(X)
collaborative effort during the design and development phase of
the program to include a broader range of contractors; and (3)
Limit the allocation for ship construction to one vessel per
yard rather than up to two vessels per yard.
Sec. 131--Tomahawk and Standard Missile-6 capability on FFG-62 class
vessels
The Senate amendment contained a provision (sec. 125) that
would require the Secretary of the Navy to ensure FFG-62 class
vessels are capable of carrying and employing Tomahawk cruise
missiles before accepting delivery of the vessels.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the requirement to exempt the first
vessel in the FFG-62 class, instead requiring the integration
of both the Tomahawk and the SM-6 on the second and subsequent
vessels in the class prior to each vessel's first deployment.
Sec. 132--Report on advance procurement for CVN-82 and CVN-83
The House bill contained a provision (sec. 119) that would
require the Secretary of the Navy to provide to the
congressional defense committees by February 1, 2023, a report
on the plan of the Navy for advance procurement for the
aircraft carriers designated CVN-82 and CVN-83.
The Senate amendment contained no similar provision.
However, the Senate report accompanying S. 4543 (S. Rept. 117-
130) of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 included similar direction to the
Secretary of the Navy to produce a similar report.
The agreement includes the House provision with an
amendment that would adjust the deadline for the submission of
the required report to March 1, 2023.
We would view a combined report, incorporating all required
elements of both the House provision, as amended, and the
Senate report and provided to the congressional defense
committees not later than March 1, 2023, as satisfying the
requirements of both this Act and the Senate report.
Sec. 133--Quarterly briefings on the CH-53K King Stallion helicopter
program
The House bill contained a provision (sec. 117) that would
require the Secretary of the Navy to provide to the Committee
on Armed Services of the House of Representatives quarterly
briefings on the cost, schedule, and testing of the CH-53K
helicopter program through fiscal year 2024.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would include the Committee on Armed Services of
the Senate as a recipient of the quarterly briefings.
Subtitle D--Air Force Programs
Sec. 141--Modification of inventory requirements for aircraft of the
combat air forces
The House bill contained a provision (sec. 121) that would
reduce the minimum total aircraft inventory requirement for
tactical fighter aircraft, reduce the minimum primary mission
aircraft inventory required for A-10 aircraft, and make a
technical correction in an A-10 reporting requirement.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 142--Inventory and other requirements relating to air refueling
tanker aircraft
The House bill contained a provision (sec. 122) that set an
air refueling minimum inventory of 466 tanker aircraft for
fiscal year 2023 and prevent the Air Force from moving KC-135
aircraft from Primary Mission Aircraft Inventory to Backup
Aircraft Inventory in the Air Force Guard and Reserve. The
House bill also contained a provision (sec. 124) that would
strike subsection (b) of section 137 of the National Defense
Authorization 22 Act for Fiscal Year 2022 (Public Law 117-81),
eliminating a restriction on the number of tanker retirements
the Secretary of the Air Force is authorized to make during
fiscal years 2022 and 2023.
The Senate amendment contained a similar provision (sec.
142) that would increase the number of KC-135 aircraft that may
be retired under the existing restriction.
The agreement includes the House provision (sec. 122) with
an amendment that would incorporate the second House provision.
Sec. 143--Requirements relating to F-22 aircraft
The House bill contained a provision (sec. 123) that would
require the Secretary of the Air Force to maintain a minimum
quantity of F-22 aircraft and require that F-22 Block 20
aircraft are all upgraded to at least a Block 30/35
configuration. The House bill also contained a provision (sec.
136) that would require the Secretary of the Air Force to
provide to the Committees on Armed Services of the Senate and
the House of Representatives a report on plans for basing of F-
22 aircraft, as well as the establishment of a formal training
unit for such aircraft.
The Senate amendment contained a similar provision (sec.
143) that would prevent the Air Force from retiring any F-22
aircraft until that Air Force had produced: (1) A detailed plan
showing that the combat capability at operational units would
not be degraded if the Air Force were to retire all F-22 Block
20 aircraft; and (2) A report on how the Secretary intends to
avoid diminishing the combat effectiveness of F-22 aircraft;
exacerbating F-22 availability concerns, and complicating F-22
squadron maintenance issues.
The agreement includes the House provision (sec. 123) with
an amendment that would: (1) Delete the requirements to upgrade
all Block 20 aircraft; (2) Add a requirement that the Secretary
of the Air Force submit a report on a realistic strategy and
execution plan to conduct formal training for F-22 aircrews
that will ensure combat capability, capacity, and availability
at all F-22 operational units is not degraded; and (3) Require
the Comptroller General of the United States to provide a
briefing and a report to the congressional defense committees
that validates and assesses data and information provided to
the Comptroller General, by the Secretary of the Air Force and
the original equipment manufacturer of the F-22, on the
proposed cost estimates and schedules of milestones, events and
activities required 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.
We also agree that the Secretary of the Air Force should
provide a report on plans for basing of F-22 aircraft, as well
as the establishment of a formal training unit for such
aircraft by not later than April 30, 2023.
Sec. 144--Modification of exception to prohibition on certain
reductions to B-1 bomber aircraft squadrons
The House bill contained a provision (sec. 131) that would
prohibit certain reductions in capabilities and certain
reductions in personnel for any B-1 bomber squadron, with the
exception of any bomb wing that has commenced replacement of B-
1 bomber aircraft with B-21 bomber aircraft. The prohibition
would remain in force through September 30, 2026.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would: (1) Modify Section 133(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) to achieve the same prohibition as was in the House
provision; and (2) Keep the House prohibition in effect through
September 30, 2023.
Sec. 145--Repeal of Air Force E-8C force presentation requirement
The House bill contained a provision (sec. 125) that would
remove an existing requirement that the Secretary of the Air
Force annually provide a minimum number of E-8C aircraft for
allocation to geographical combatant commanders.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 146--Minimum inventory of C-130 aircraft
The House bill contained a provision (sec. 126) that would
require the Air Force to maintain a minimum total C-130
aircraft inventory of 271 between the date of enactment of this
Act and October 1, 2028. The provision would also prevent the
Air Force from reducing the total number of C-130 aircraft
assigned to the National Guard.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change the termination date of the minimum
inventory requirement to September 30, 2023.
Sec. 147--Prohibition on availability of funds for retirement of C-40
aircraft
The House bill contained a provision (sec. 128) that would
prohibit the retirement, preparation to retire, or placement
into storage or backup aircraft inventory of any C-40 aircraft.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 148--Prohibition on availability of funds for termination of
production lines for HH-60W aircraft
The House bill contained a provision (sec. 130) that would
prohibit the use of funds to terminate or prepare to terminate
a production line for HH-60W Combat Rescue Helicopters.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 149--Prohibition on certain reductions to inventory of E-3
airborne warning and control system aircraft
The House bill contained a provision (sec. 132) that would
place certain restrictions and conditions on the divestment of
E-3 Airborne Warning and Control System aircraft and require
the designation of two E-3 aircraft for training purposes. The
provision would also require the Secretary of the Air Force to
provide a report to the congressional defense committees on a
range of matters relating to the proposed retirement of the E-
3, air moving target indicator requirements, and the proposed
replacement of the E-3 with the E-7 aircraft to include an
acquisition strategy proposal for such aircraft.
The Senate amendment contained a similar provision (sec.
141).
The agreement includes the Senate provision with an
amendment that would require the Air Force to maintain two of
the 15 aircraft they proposed to retire as training aircraft.
Sec. 150--Limitation on divestment of F-15 aircraft
The House bill contained a provision (sec. 137) that would
prohibit the divestment of any F-15 aircraft beginning on
October 1, 2023, until the Secretary of the Air Force provides
to the congressional defense committees a report, including
certain plans and assessments, not less than 180 days prior to
divesting or preparing to divest any F-15 aircraft.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 151--Authority to procure upgraded ejection seats for certain T-
38A aircraft
The House bill contained a provision (sec. 127) that would
authorize the Secretary of the Air Force to procure upgraded
ejection seats for Air Force Global Strike Command and Air
Force Air Combat Command T-38A aircraft.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 152--Procurement authority for digital mission operations platform
for the Space Force
The House bill contained a provision (sec. 216) that would
authorize the Secretary of the Air Force to procure digital
platforms that can assist Space Force training operations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical and conforming changes.
Sec. 153--Digital transformation commercial software acquisition
The House bill contained a provision (sec. 139A) that would
allow the Secretary of the Air Force to enter into one or more
contracts for the procurement of commercial engineering
software to meet the digital transformation goals and
objectives of the Department of the Air Force.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 154--Requirements study and strategy for the combat search and
rescue mission of the Air Force
The House bill contained a provision (sec. 133) that would
require the Secretary of the Air Force to conduct a study on
the requirements for, as well as an acquisition strategy for,
combat search and rescue capabilities in light of the most
recent National Defense Strategy. The provision would require
the Secretary to provide the required study to the Committees
on Armed Services of the Senate and the House of
Representatives not later than March 30, 2023, and the
acquisition strategy to the same not later than June 1, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would: (1) Delay the study results deadline to
April 30, 2023; (2) Allow the Secretary broader latitude in
developing a strategy to meet requirements; and (3) Delay the
required submission date for a strategy until July 30, 2023.
Sec. 155--Plan for transfer of KC-135 aircraft to the Air National
Guard
The House bill contained a provision (sec. 134) that would
direct the Secretary of the Air Force to develop a plan for the
transfer of certain KC-135 aircraft to the Air National Guard
and provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on such plan.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary to include an
estimate of costs for personnel and other expenses associated
with this transfer.
Sec. 156--Annual reports on T-7A Advanced Pilot Training System
The House bill contained a provision (sec. 135) that would
require the Secretary of the Air Force to provide to the
Committees on Armed Services of the Senate and the House of
Representatives an annual report, for 5 consecutive years, on
the T-7A acquisition program of the Air Force.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to amplify the information required for reporting on
the testing 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
The House bill contained a provision (sec. 142) that would
direct the Secretary of the Air Force and the Secretary of the
Navy to include Federal Aviation Administration-certified parts
in supply chain solutions.
The Senate amendment contained a similar provision (sec.
151).
The agreement includes the House provision with an
amendment that would delay the deadline for inclusion of
Federal Aviation Administration-certified parts in supply chain
solutions from 90 days to 180 days.
Sec. 162--Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms
The Senate amendment contained a provision (sec. 152) that
would require the Secretary of Defense to conduct an assessment
and develop and implement a strategy to field systems to
counter threats posed by unmanned aerial system swarms.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 163--Assessment and report on military rotary wing aircraft
industrial base
The House bill contained a provision (sec. 143) that would
require the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Secretaries of the
military departments, to conduct an assessment of the military
rotary-wing industrial base and provide a report to the
congressional defense committees.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make the report due by not later than June
1, 2023.
Sec. 164--Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft
The Senate amendment contained a provision (sec. 154) that
would require the Comptroller General of the United States to
conduct a review of the business case analysis that the F-35
Joint Program Office is conducting on possible alternatives for
upgrading F-35 propulsion systems.
The House bill contained no similar provision. The House
report accompanying H.R. 7900 (H. Rept. 117-397) of the
National Defense Authorization Act for Fiscal Year 2023
included direction that the Director, F-35 Joint Program
Office, with relevant Department of Defense officials, provide
a thorough and detailed briefing on the complete results of the
cost-benefit analysis of propulsion system and/or power thermal
management system upgrades for all aircraft variants of the F-
35 weapon system.
The agreement includes the Senate provision with an
amendment that would clarify that the Comptroller General's
review should encompass all variants of the F-35, and the
review should encompass propulsion, power, and thermal
management system upgrades for these aircraft.
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibition on availability of funds for retirement of HSC-85 aircraft
The House bill contained a provision (sec. 116) that would
prohibit the use of funds to retire or plan to retire,
transfer, or place in storage any aircraft from Helicopter Sea
Combat Squadron 85 (HSC-85) or make any changes to manning
levels with respect to any HSC-85 aircraft squadron. The
provision would also require the Secretary of the Navy to
provide to the congressional defense committees a report on
various matters relating to any potential retirement and
replacement of HSC-85 aircraft.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for additional Joint Strike Fighter aircraft
The House bill contained a provision (sec. 118) that would
authorize to be appropriated an additional $354.0 million in
the Aircraft Procurement, Navy account for F-35C aircraft and
detail offsetting reductions in other accounts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
The specific authorization of appropriations amounts can be
found in the funding tables.
Report on applicability of DDG(X) electric-drive propulsion system
The House bill contained a provision (sec. 119A) that would
require the Secretary of the Navy to provide to the
congressional defense committees a report on certain matters
concerning power and propulsion elements of the DDG(X)
destroyer program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize that the Navy will need additional power to
meet demands for future combat systems on the DDG(X) destroyer
program. To achieve this, the Navy is pursuing an electric
drive propulsion system for the program. We need more
information about the Navy's plans for developing and fielding
this capability.
Therefore, we direct the Secretary of the Navy, not later
than 180 days after the date of enactment of this Act, to
provide to the congressional defense committees a report that
includes an analysis of: (1) The power and propulsion
requirements for the DDG(X) destroyer; (2) How such
requirements compare to the power and propulsion requirements
for Zumwalt-class and Arleigh Burke-class destroyers,
respectively;
(3) The extent to which the Navy is able to leverage
existing investments in the electric-drive propulsion systems
developed for the Zumwalt-class and Columbia-class to reduce
cost and technical risk; and (4) The ability to design and
manufacture components for such system in the United States.
Prohibition on availability of funds for procurement of bridge tanker
aircraft
The House bill contained a provision (sec. 129) that would
prohibit the use of funds to enter into a contract for the
procurement of a bridge tanker aircraft unless awarded using
full and open competition. However, the provision would provide
an exception to the prohibition if the Secretary complies with
certain requirements and provides to the Committee on Armed
Services of the House of Representatives a briefing on such
contract.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for C-130 Modular Airborne Firefighting System
The House bill contained a provision (sec. 138) that would
authorize an additional $60.0 million in the Aircraft
Procurement, Air Force account for the C-130 modular airborne
firefighting system and specify offsetting reductions in other
accounts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
The authorization of specific amounts can be found in the
funding tables.
Requirement to maintain fleet of manned intelligence, surveillance, and
reconnaissance aircraft
The House bill contained a provision (sec. 139) that would
require the Secretary of the Air Force to maintain a fleet of
fixed-wing, manned aircraft for certain specified intelligence,
surveillance, and reconnaissance (ISR) and incident awareness
and assessment (IAA) operations. The provision would also
prohibit the use of funds to divest or prepare to divest RC-26B
aircraft with certain exceptions and direct the transfer of
funds from other accounts for operation and maintenance and
personnel costs associated with the RC-26B program. The
provision would further provide authority for the Secretary of
Defense to enter into memoranda of agreement or cost sharing
agreements with other Federal entities to assist with missions
or activities of such entities. The provision would require the
Director of Cost Assessment and Program Evaluation and the
Comptroller General of the United States to each conduct
assessments relating to manned ISR/IAA capabilities, with the
Comptroller General to provide a briefing and report to the
congressional defense committees on such assessment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding United States Air National Guard refueling
mission
The House bill contained a provision (sec. 139B) that would
express the sense of Congress regarding the United States Air
National Guard refueling mission.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that: (1) The refueling mission of the reserve
components of the Air Force is essential to ensuring the
national security of the United States and our allies; (2) This
mission provides aerial aircraft refueling capacity essential
to extending the range of aircraft; (3) Extending ranges of our
aircraft is a critical capability when facing the current
threats abroad; and (4) The Air Force should ensure any plan to
retire KC-135 aircraft includes equal replacement with tanker
production aircraft.
Charging stations at commissary stores and military exchanges
The House bill contained a provision (sec. 141) that would
allow the Department of Defense to furnish exchanges and
commissaries with electric vehicle charging stations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title II--Research, Development, Test, and Evaluation
BUDGET ITEMS
Future Air Force Integrated Technology Demos
In section 4201 of division D of the House bill, the Future
Air Force Integrated Technology Demos line (Research,
Development, Test, and Evaluation Air Force, line 16) contained
a decrease of $15.0 million for insufficient justification.
In section 4201 of division D of the Senate amendment, the
Future Air Force Integrated Technology Demos line (Research,
Development, Test, and Evaluation Air Force, line 16) contained
a decrease of $50.0 million for program reduction.
The agreement includes a reduction in the Future Air Force
Integrated Technology Demos line by $50.0 million.
We note that several U.S. Air Force programs are funded
under this line, including the three Air Force Vanguard
programs: Golden Horde, Skyborg, and the Navigation Technology
Satellite-3 (NTS-3) program. There remains concern about how
the Air Force is planning, budgeting, and executing their
Vanguard Programs, and therefore, the Air Force is directed to
submit with their Fiscal Year 2024 budget request detailed
funding information, including future year funding details and
plans, for these programs. We are also concerned that these
large efforts have been funded out of a generally flat top-line
budget for science and technology funds within the Air Force,
effectively reducing other science and technology efforts at
the expense of the Vanguard programs. Additionally, consistent
with previously expressed views of the Committees on Armed
Services of the Senate and the House of Representatives, the
U.S. Air Force is encouraged to avoid applying this general
reduction to programs that are approaching critical milestones,
such as the NTS-3 program.
Subtitle A--Authorization of Appropriations
Sec. 201--Authorization of appropriations
The House bill contained a provision (sec. 201) that would
authorize appropriations for research, development, test, and
evaluation at the levels identified in section 4201 of division
D of this Act.
The Senate amendment contained an identical provision (sec.
201).
The agreement includes this provision.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211--Modification of cooperative research and development project
authority
The Senate amendment contained a provision (sec. 212) that
would amend section 2350a
(i) of title 10, United States Code, to expand the
authority to participate in Department of Defense cooperative
research and development projects to parties within the
National Technology Industrial Base as well as the European
Union.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 212--Clarification of role of senior official with principal
responsibility for artificial intelligence and machine learning
The House bill contained a provision (sec. 211) that would
make technical changes to prior legislation that referenced the
Joint Artificial Intelligence Center to conform with the
organizational changes within the Department of Defense.
The Senate amendment contained a similar provision (sec.
238).
The agreement includes the Senate provision with a
modifying amendment.
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
The Senate amendment contained a provision (sec. 217) that
would include the Office of the Under Secretary of Defense for
Research and Engineering in an existing personnel management
authority to recruit experts in science and engineering,
subject to certain requirements and limitations, and allow for
them to use this authority for up to 10 positions.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical and conforming changes.
Sec. 214--Modification of limitation on cancellation of designation of
Executive Agent for a certain Defense Production Act program
The Senate amendment contained a provision (sec. 807) that
would modify the cancellation of the executive agent
designation for a certain Defense Production Act program.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying technical amendment.
Sec. 215--Support for research and development of bioindustrial
manufacturing processes
The House bill contained a provision (sec. 214) that would
direct the Secretary of Defense to expand or create additional
Manufacturing Innovation Institutes to pilot and scale
bioindustrial manufacturing processes as well as require a plan
on how the Secretary of Defense plans to implement these
authorities, including descriptions and locations of the
bioindustrial manufacturing facilities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 216--Air-breathing and rocket booster testing capacity upgrades to
support critical hypersonic weapons development
The House bill contained a provision (sec. 217) that would
require the Secretary of the Air Force to upgrade the air-
breathing test facilities of the Air Force to support critical
hypersonic weapons development. This section would also require
the Secretary to complete any upgrade, subject to the
availability of funding, within 24 months of commencing any
upgrade.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would also require the Secretary of the Air
Force to include upgrades at hypersonic testing facilities that
perform testing and evaluation of hypersonic weapons rocket
boosters. We also direct the Secretary of the Air Force to
provide a report to the congressional defense committees, not
later than April 15, 2023, that describes planned upgrades at
Department of the Air Force hypersonic testing facilities. The
report should include, at a minimum, the following information:
(1) Testing location;
(2) Description of planned infrastructure,
instrumentation, communication, equipment, or
otherwise, upgrade
(s) planned at each testing location;
(3) Schedule for each planned upgrade;
(4) Status of total funding required for each planned
upgrade; and
(5) Any additional information or data the Secretary
desires to include supporting the report requirement.
Finally, the report should be submitted in unclassified
format, but may also contain a classified annex.
Sec. 217--Competitively awarded demonstrations and tests of
electromagnetic warfare technology
The Senate amendment contained a provision (sec. 215) that
would require the Director of the Air Force Rapid Capabilities
Office to conduct competitively awarded demonstrations and
tests of commercial electronics technology to determine whether
technology exists to enable certain electromagnetic warfare
capabilities. The provision would also require certain
briefings and provide permissive funding authorities depending
on the outcomes of the demonstrations and tests.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require merit-based selection procedures
in accordance with the requirements of sections 2304(k) and
2374 of title 10, United States Code, or competitive
procedures.
Sec. 218--Administration of the Advanced Sensor Applications Program
The Senate amendment contained a provision (sec. 213) that
would provide direction on the organization of the Advanced
Sensor Applications Program.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 219--Quantifiable assurance capability for security of
microelectronics
The Senate amendment contained a provision (sec. 237) that
would require the Secretary of Defense to develop and implement
a capability for quantifiable assurance for security of
microelectronics, including establishment of requirements and a
schedule.
The House bill contained no similar provision.
The agreement includes Senate provision with a modifying
amendment.
Sec. 220--Government-Industry-Academia Working Group on
Microelectronics
The Senate amendment contained a provision (sec. 216) that
would require the Secretary of Defense to establish a
Government-Industry Working Group on Microelectronics to
provide a forum for information sharing and consultation on
areas of mutual interest.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 221--Target date for deployment of 5G wireless broadband
infrastructure at all military installations
The House bill contained a provision (sec. 1090) that would
require the Secretary of Defense to set a target date for when
all military installations will have 5G wireless broadband.
This section would also require the Secretary of Defense to
create metrics to measure progress towards that target date and
submit an annual progress report.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would specify a date that the Secretary of
Defense must complete the actions.
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
The Senate amendment contained a provision (sec. 6039A)
that would allow the Under Secretary of Defense for Research
and Engineering to conduct outreach to Historically Black
Colleges and Universities and Minority-Serving Institutions
regarding National Security Innovation Network programs that
promote entrepreneurship and innovation at institutions of
higher education.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 223--Report and pilot program based on recommendations regarding
defense research capacity at historically Black colleges and
universities and other minority-serving institutions
The House bill contained a provision (sec. 219) that would
establish a pilot program to increase capacity at Historically
Black Colleges and Universities and other Minority-Serving
Institutions to achieve and maintain very high research
activity status.
The Senate amendment contained a similar provision (sec.
6039C).
The agreement includes the House provision with an
amendment that would have the Department of Defense report on
the status of the recommendations from the National Academy of
Science, Engineering and Medicine report entitled ``Defense
Research Capacity at Historically Black Colleges and
Universities and Other Minority Institutions: Transitioning
from Good Intentions to Measurable Outcomes'', and create a
pilot program to implement the recommendations from that
report.
Sec. 224--Pilot program to support the development of patentable
inventions in the Department of the Navy
The House bill contained a provision (sec. 220) that would
require the Secretary of the Navy to carry out a pilot program
to expand the support available to certain personnel who seek
to engage in the development of patentable inventions.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make the pilot program permissive.
Sec. 225--Pilot program to facilitate the development of battery
technologies for warfighters
The House bill contained a provision (sec. 221) that would
require the Secretary of Defense to carry out a pilot program
to award assistance to eligible entities to facilitate the
research, development, and production of electric battery
technologies that may be useful for defense-related purposes.
The Senate amendment contained a similar provision (sec.
220).
The agreement includes the Senate provision with a
modifying amendment.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231--Modification to annual reports of the Director of Operational
Test and Evaluation
The Senate amendment contained a provision (sec. 233) that
would amend section 139(h)(3) of title 10, United States Code,
by requiring a publicly releasable version of the report if a
controlled unclassified information version is submitted to
Congress.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 232--Extension of requirement for quarterly briefings on strategy
for fifth generation information and communications
technologies
The Senate amendment contained a provision (sec. 234) that
would extend the requirement for quarterly briefings on the
development and implementation of the strategy on fifth
generation information and communications technologies.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 233--Plan for investments to support the development of novel
processing approaches for defense applications
The Senate amendment contained a provision (sec. 218) that
would require the Secretary of Defense to develop a triennial
investment plan for foundational capabilities needed to develop
novel processing approaches for future defense applications.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 234--Plans to accelerate the transition to 5G information and
communications technology within the military departments
The Senate amendment contained a provision (sec. 219) that
would require various Secretaries to develop and submit
unclassified 3-year transition plans for fifth generation
information and communications technology infrastructure.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 235--Plan for Defense Advanced Research Projects Agency Innovation
Fellowship Program
The House bill contained a provision (sec. 232) that would
require the Director of the Defense Advanced Research Projects
Agency to develop a plan for the establishment of a fellowship
program to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of
the agency.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 236--Strategy and plan for fostering and strengthening the defense
innovation ecosystem
The Senate amendment contained a provision (sec. 232) that
would require the Department of Defense to submit a strategy
and implementation plan for strengthening and fostering defense
innovation ecosystems on a quadrennial basis, beginning in
2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 237--Assessment and strategy relating to hypersonic testing
capacity of the Department of Defense
The House bill contained a provision (sec. 234) that would
require the Secretary of Defense to assess hypersonic
capabilities and related technologies and submit a report to
the House Committee on Armed Services, not later than 180 days
after the date of the enactment of this Act, on the use of
Federal, industry, and academia test facilities to evaluate
hypersonic technologies.
The Senate amendment contained a similar provision (sec.
235) that would require the Secretary of Defense to submit a
report on estimated costs for conducting not fewer than one
full-scale, operationally relevant, live-fire, hypersonic
weapon test of the systems currently under development each
year by the Air Force, the Army, and the Navy, once such
systems reach initial operational capability.
The agreement includes the Senate provision with an
amendment that would combine the House and Senate provisions
into a single requirement, including technical and conforming
changes.
Sec. 238--Annual report on studies and reports of federally funded
research and development centers.
The Senate amendment contained a provision (sec. 236) that
would amend section 4126 of title 10, United States Code, to
require the Secretary of Defense to submit a report on all
studies and reports being undertaken for the Department of
Defense by a federally funded research and development center.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 239--Report on recommendations from Army Futures Command Research
Program Realignment Study
The Senate amendment contained a provision (sec. 231) that
would require the Secretary of the Army to submit a report on
the implementation of the Army Futures Command Research Program
Realignment Study recommendations.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 240--Report on potential for increased utilization of the
Electronic Proving Grounds testing range
The House bill contained a provision (sec. 240) that would
require the Secretary of the Army to provide a report to the
congressional defense committees, not later than February 1,
2023, on the Electronic Proving Grounds testing range located
at Fort Huachuca, Arizona.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, acting
through the Chair of the Electronic Warfare Executive
Committee, to report to the Committees on Armed Service of the
Senate and the House of Representatives on this testing range
and to consult with senior officials with responsibilities for
electronic warfare.
Sec. 241--Study on costs associated with underperforming software and
information technology
The House bill contained a provision (sec. 236) that would
direct the Secretary of Defense to contract with a federally
funded research and development center to perform a study on
the cost poorly designed and performing software and
information technology systems impose on the Department of
Defense and the military services in terms of lost working
hours on a yearly basis.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 242--Study and report on sufficiency of operational test and
evaluation resources supporting certain major defense
acquisition programs
The House bill contained a provision (sec. 237) that would
require the Director of Operational Test and Evaluation to
conduct a study of at least one major defense acquisition
program within each of the services to determine the
sufficiency of the test and evaluation resources supporting
such program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Disclosure requirements for recipients of research and development
funds
The Senate amendment contained a provision (sec. 211) that
would require individuals or entities that use funds received
from the Department of Defense to carry out research and
development activities to disclose the dollar amount received
in any public document relating to such activities.
The House bill contained no similar provision.
The agreement does not include this provision.
Role of the Chief Digital and Artificial Intelligence Officer in
fostering interoperability among joint force systems
The House bill contained a provision (sec. 212) that would
require the Secretary of Defense to task the Chief Digital and
Artificial Intelligence Officer with fostering mission
integration software and fielding to foster cross-service kill
chains.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Activities to support the use of metal additive manufacturing for the
subsurface fleet of the Navy
The House bill contained a provision (sec. 215) that would
direct the Secretary of the Navy to develop additive
manufacturing processes for the production of metal components
and other metal-based materials for the subsurface fleet of the
Navy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Senate report accompanying S. 4543 (S.
Rept. 117-130) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 directed the Department
of Defense to provide an additive manufacturing implementation
strategy across the military services and defense agencies to
give tangible guidance and direction for these initiatives. We
encourage the Navy to continue investing in the use of additive
manufacturing technologies and techniques, including for the
subsurface fleet. We authorize additional funding to support
such efforts elsewhere in the funding tables accompanying this
report.
Information on use of commercial software for the warfighter machine
interface of the Army
The House bill contained a provision (sec. 218) that would
require the Secretary of the Army to certify that the
procurement process for increments of the warfighter machine
interface will be carried out in accordance with section 3453
of title 10, United States Code, and would require a report on
whether commercially available software has the potential to
fulfill applicable requirements.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note and support the Army's technology research and
development efforts oriented on next generation systems based
on open architectures and either control of intellectual
property or technical data rights. This is particularly
apparent in the Army's interest in artificial intelligence,
machine learning, and operator machine interfaces for robotic
or optionally manned systems. We are aware of the Army's
efforts and progress over the years with common controllers or
interfaces and common operating software for tactical robotic
technologies for which the operator and machine interfaces are
critically important. We are also aware that there is
significant commercial interest in operator machine interfaces
for a variety of technologies. We are interested to learn if
there are military application opportunities for technical
improvement and cost savings related to leveraging existing
commercial investment and capability in operator machine
interface technology.
Accordingly, we direct the Assistant Secretary of the Army
for Acquisition, Logistics, and Technology to submit a report
not later than April 30, 2023, to the congressional defense
committees on the results of a market survey to identify
commercially available operator machine interface hardware and
software, if any, with the potential to meet military
requirements. The market survey required shall include an
assessment of potential partnerships with industry to achieve
technology improvements and life-cycle cost savings with
operator machine interface hardware and software.
Pilot program on research and development of plant-based protein for
the Navy
The House bill contained a provision (sec. 222) that would
direct the Secretary of the Navy to establish a pilot program
to provide plant-based protein options to members of the Navy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that the Secretary of the Navy has the authority
to conduct this pilot program if the Secretary determines that
it is in the best interest of the Navy.
Allowable uses of funds under the Commercial Weather Data Pilot Program
of the Air Force
The House bill contained a provision (sec. 223) that would
allow the Air Force to use funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023
for the Commercial Weather Data Pilot Program, only for the
piloting and demonstration of radio occultation data for use in
weather models.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the importance of global positioning system
(GPS) Radio Occultation as a mature and emerging commercial
form of data for military operations for environmental sensing
and the forecasting of weather. We further applaud the
transition of Radio Occultation from an emerging research and
development field to one that can be viewed as a commercially,
operationally, and scientifically viable technology. Given the
maturity of this technology and its commercial viability to
purchase data from existing satellite platforms, we encourage
the Department of the Air Force to budget for the future year's
acquisition of such data through Operations and Maintenance
accounts on a predictable basis so it can be widely used across
the entire Department of Defense.
Pilot program on use of digital twin technologies in the Armed Forces
The House bill contained a provision (sec. 224) that would
require each Secretary of a military department to carry out a
pilot program under which the Secretary identifies not fewer
than one and not more than three new areas in which digital
twin technology may be implemented to improve the operations of
the Armed Force.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that in the Senate report accompanying S. 4543 (S.
Rept. 117-130) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, the Secretary of
Defense was directed to provide a report on the investments in
model-based systems engineering (MBSE) efforts across the
Department of Defense and a plan for establishing a
coordinating mechanism to guide future investments and support
adoption of MBSE into programs. We support the Department's
interest in MBSE approaches and tools to help improve the rigor
and application of digital tools for systems engineering
practices through reusable and extensible systems engineering
artifacts.
Funding for advanced above water sensors
The House bill contained a provision (sec. 225) that would
authorize to be appropriated an additional $24.0 million in the
Research, Development, Test, and Evaluation, Navy account for
advanced above water sensors and detail offsetting reductions
in other accounts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
The authorization of specific amounts can be found in the
funding tables.
Biofuel and fuel cell vehicle research, development, and demonstration
program
The House bill contained a provision (sec. 226) that would
require the Secretary of Defense to establish a research,
development, and demonstration program for a commercially
viable fuel cell system that uses biofuel as a fuel source for
a vehicle.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Radar obstruction research, development, test, and evaluation program
The House bill contained a provision (sec. 227) that would
require the Secretary of Defense to establish a research,
development, test, and evaluation program to ensure the
continued performance of weather radar detection and prediction
capabilities with physical obstructions in the radar line of
sight.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for research and development relating to rare earth elements
The House bill contained a provision (sec. 228) that would
increase the funding table authorization for other
authorizations for the National Defense Stockpile Transaction
Fund by $2.0 million to be used in support of the domestic
industrial base for rare earth metallization related to
permanent magnet production and related projects.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for National Defense Education Program
The House bill contained a provision (sec. 229) that would
authorize $5.0 million to be used for the National Defense
Education Program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for high energy laser and certain emerging technology
initiatives
The House bill contained a provision (sec. 229A) that would
authorize $25.0 million to be used in support of high energy
laser and certain emerging technology initiatives.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Defense advanced technology investment incentive pilot
program
The House bill contained a provision (sec. 229B) that would
require the Secretary of Defense to carry out a pilot program
to accelerate the development of advanced technology for
national security by creating incentives for trusted private
capital in domestic small businesses or nontraditional
businesses that are developing technology that the Secretary
considers necessary to support the modernization of the
Department of Defense and national security priorities.
The Senate amendment contained a similar provision (sec.
861).
The agreement does not include these provisions.
We recognize that the Department is making strides in
engaging academia and industry to develop, mature, and deploy
critical emerging technologies to support Department of Defense
warfighters. While many of the funding tools necessary to make
the innovation ecosystem work effectively for both the
Department and the private sector exist, coordination and
synchronization to effectively leverage these mechanisms is
still a challenge. However, state-directed capital investment
by China into defense-relevant technologies continues to dwarf
similar capital flows by U.S. companies. Additional mechanisms
to encourage private capital investment in the defense
ecosystem are necessary, particularly given the desire of U.S.
capital investors to engage in this sector. The Committees on
Armed Services of the Senate and the House of Representatives
have been committed to finding innovative ways to involve
private capital at the Department to accelerate the delivery of
capability to the warfighter at lower cost, including through
versions of these provisions.
However, efforts to leverage private capital in the defense
ecosystem implicate Congressional Budget Office (CBO) rules
with regard to third-party financing of Federal projects. While
we believe that versions of these provisions create no cost or
liability for the U.S. government, we are unable to include
them in the agreement due to CBO's determination that these
technologies would be ``under a significant degree of federal
control'' and thus increase direct spending.
We look forward to continued discussion with all
stakeholders of further attempts to leverage private capital
for national security purposes.
Funding for development of measures to prevent infections caused by
severe fractures
The House bill contained a provision (sec. 229C) that would
authorize $5.0 million to be used for the development of
measures to prevent infections caused by severe fractures.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Congressionally Directed Medical Research
Program traditionally funds Department of Defense medical
research in areas like brain injury and disease prevention
research, peer-reviewed orthopedic research, and peer-reviewed
spinal cord research.
Funding for research into the effects of head-supported mass on
cervical spine health
The House bill contained a provision (sec. 229D) that would
authorize $5.0 million to be used for research into the effects
of head-supported mass on cervical spine health.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Congressionally Directed Medical Research
Program traditionally funds Department of Defense medical
research in areas like brain injury and disease prevention
research, peer-reviewed orthopedic research, and peer-reviewed
spinal cord research.
Requirement for separate program element for the multi-medicine
manufacturing platform program
The House bill contained a provision (sec. 229E) that would
require the Secretary of the Navy to include a separate program
element for the multi-medicine manufacturing platform program
under the accounts of the Office of Naval Research in the
materials submitted in support of the budget of the President.
The Senate amendment contained no similar provision.
The agreement does not include this provision
We are aware that the Office of Naval Research's multi-
medicine manufacturing program shows significant progress
towards ensuring access to essential medications for deployed
forces, and we encourage robust support for the effort in
future budget submissions.
Modification of national security strategy for national technology and
industrial base
The House bill contained a provision (sec. 231) that would
amend section 4811(a) of title 10, United States Code, to
address research and development of certain food sources,
including alternative protein.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
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
The House bill contained a provision (sec. 233) that would
require the Under Secretary of Defense for Research and
Engineering to submit a report on actions that may be carried
out to increase the participation of minority-serving
institutions in the research, development, test, and evaluation
activities of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Independent review and assessment of test and evaluation resource
planning
The House bill contained a provision (sec. 235) that would
require the Secretary of Defense to enter into an agreement
with a federally funded research and development center to
conduct an independent review and assessment of the Strategic
Plan for Test Resources, as prepared by the Department of
Defense's Test Resource Management Center.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We remain concerned about the adequacy of current and
forecast levels of investment into Department of Defense test
and evaluation resources, including personnel, infrastructure,
and equipment, and in particular with regards to software-
intensive, multi-domain, and continuously developed
capabilities. We believe the test and evaluation enterprise to
be fundamental to the Department's ability to deliver needed
capability to the joint force, and note that current planning
constructs may not be adequate to meet the dynamic needs of
future capabilities. We encourage robust support for test and
evaluation (T&E) efforts in future budget submissions, and
direct the Test Resource Management Center to use the biennial
Strategic Plan for Department of Defense T&E resources to
provide a narrative link between the long-term requirements and
the shorter-term resource allocations needed to achieve a
desired future state for the T&E enterprise.
Periodic reports on risk distribution within research, development,
test, and evaluation activities
The House bill contained a provision (sec. 238) that would
require the Secretary of Defense to submit reports on the risk
information on the Department of Defense's research portfolio.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Department to take on more measured risk
in its research and development portfolio. Specifically, we
note that the Department does not adhere to the best practice
of grouping research and development efforts into either
incremental or disruptive efforts. Absent adoption and
implementation of this practice, the Department lacks
visibility into the balance of risk versus payoff, especially
with regard to the potential for its research and development
efforts to provide the cutting edge technology needed to combat
future and emerging threats.
By July 31, 2023, we direct the Under Secretary of Research
and Engineering to provide the Committees on Armed Services of
the Senate and the House of Representatives with a briefing on
how the Department assesses, manages, and balances risk within
its research and development portfolio. Specifically, the
briefing shall include an update on how the Department is
implementing recommendations in the report of the Government
Accountability Office (GAO) entitled ``Defense Science and
Technology: Adopting Best Practices Can Improve Innovation
Investments and Management'' (GAO-17-499).
Review and report on offensive hypersonic weapons programs of the
Department of Defense
The House bill contained a provision (sec. 239) that would
require the Comptroller General of the United States to conduct
a review of the offensive hypersonic weapons programs of the
Department of Defense, including the Navy Conventional Prompt
Strike Program, the Army Long-Range Hypersonic Weapon, and the
Air Force Air-Launched Rapid Response Weapon.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General of the United States to
conduct a review of the offensive hypersonic weapons programs
of the Department of Defense, including the Navy Conventional
Prompt Strike Program, the Army Long-Range Hypersonic Weapon,
and the Air Force Air-Launched Rapid Response Weapons. We
direct the Comptroller General to provide a briefing to the
congressional defense committees on initial results of the
review not later than 1 year after the date of the enactment of
this Act and to provide a final report on a date mutually
agreed upon by the Comptroller General and the congressional
defense committees.
The review shall include an examination of the following:
(1) Cost and schedule estimates for the fielding of
offensive hypersonic weapon systems, including any
assumptions that underpin such estimates;
(2) Whether and to what extent the hypersonic weapon
systems are expected to fully achieve the requirements
originally established for such systems;
(3) The technological and manufacturing maturity of
the critical technologies and materials planned for the
systems; and
(4) Whether and to what extent the Department has
pursued alternatives to the critical technologies
identified.
Sense of Congress on the additive manufacturing and machine learning
initiative of the Army
The House bill contained a provision (sec. 241) that would
express the sense of Congress on the additive manufacturing and
machine learning initiative of the Army.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Senate report accompanying S. 4543 (S.
Rept. 117-130) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 directed the Department
to provide an additive manufacturing implementation strategy
across the military services and defense agencies to give
tangible guidance and direction for these initiatives. We
encourage the Army to continue to invest in the additive
manufacturing and machine learning initiative.
Funding for robotics supply chain research
The House bill contained a provision (sec. 242) that would
authorize $15.0 million to be used in support of robotics
supply chain research.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for enterprise digital transformation with commercial physics
simulation
The House bill contained a provision (sec. 243) that would
authorize $9.0 million to be used in support of enterprise
digital transformation with commercial physics simulation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on national security applications for fusion energy technology
The House bill contained a provision (sec. 244) that would
require the Secretary of Defense to submit a report on
potential national security applications for fusion energy
technology.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the congressional defense committees, not later than March 1,
2023, on national security applications for fusion energy
technology, including: (1) An evaluation of commercial fusion
energy technologies under development by private sector
companies in the United States to determine if any such
technologies have potential national security applications; (2)
Consideration of commercial fusion energy technologies; (3) A
timeline for the potential implementation of fusion energy in
the Department; (4) A description of any major challenges to
such implementation; and (5) Recommendations to ensure the
effectiveness of such implementation.
Report on defense advanced manufacturing capabilities
The Senate amendment contained a provision (sec. 5201) that
would require the Secretary of Defense to develop a strategy
and an implementation plan for the defense innovation
ecosystem.
The House bill contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Air Force to submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than February 1, 2024, on certain
materials and processes related to future Air Force assets
operating at very high-velocities in extreme thermal
conditions.
This report shall include: (1) An assessment of current
research and development plans related to the materials and
manufacturing processes directed towards flight critical
components for future Air Force vehicles operating in extreme
thermal environments, under high aerodynamic forces, and in
significant variations of atmospheric conditions; (2) An
assessment of how the Air Force is prioritizing early stage
research, development, and demonstration in materials and
manufacturing for extreme thermal environments, to include
development of new processes for increasing performance and
decreasing cost and lead time for complex geometries and exotic
materials needed for future Air Force assets; (3) An assessment
of efforts made by the Air Force to maintain and encourage a
secure, classified industrial base that protects against
intellectual property theft by foreign entities; (4) An
assessment of the effect of the continuation of current
research and development collaborations between the Air Force
Research Laboratory and the National Laboratories of the
Department of Energy in order to achieve these results
including the feasibility of the Air Force leveraging the
Manufacturing Demonstration Facility and the National
Laboratories of the Department of Energy in order to achieve
these results; and (5) Any other issues the Secretary deems
appropriate with regards to advancing the development and
manufacturing of advanced materials for Air Force applications.
The Secretary shall submit this report in an unclassified form
and may include a classified annex as appropriate.
Title III--Operation and Maintenance
Subtitle A--Authorization of Appropriations
Sec. 301--Authorization of appropriations
The House bill contained a provision (sec. 301) that would
authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of division
D of this Act.
The Senate amendment contained an identical provision (sec.
301).
The agreement includes this provision.
Subtitle B--Energy and Environment
Sec. 311--Center for Excellence in Environmental Security
The Senate amendment contained a provision (sec. 6274) that
would authorize the Secretary of Defense to operate a Center
for Excellence in Environmental Security.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 312--Participation in pollutant banks and water quality trading
The Senate amendment contained a provision (sec. 314) that
would amend chapter 159 of title 10, United States Code, to
authorize the Secretary of Defense to make payments to a
pollutant banking program or water quality trading program when
engaged in an authorized activity that may or will result in
the discharge of pollutants.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 313--Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
exposure of hazardous substances and waste
The House bill contained a provision (sec. 311) that would
clarify which National Guard training sites would be eligible
for environmental restoration funds.
The Senate amendment contained a similar provision (sec.
315).
The agreement includes the Senate provision.
Sec. 314--Renewal of annual environmental and energy reports of
Department of Defense
The Senate amendment contained a provision (sec. 320) that
would consolidate two long-standing annual environmental and
energy reports conducted by the Department of Defense into one
report.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 315--Aggregation of energy conservation measures and funding
The Senate amendment contained a provision (sec. 311) that
would amend section 2911 of title 10, United States Code, to
require the Department of Defense to consider aggregate energy
conservation measures with energy resilience enhancement
projects and other projects that may have a longer payback
period.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 316--Additional special considerations for energy performance
goals and energy performance master plan
The House bill contained a provision (sec. 328) that would
amend section 2911(e) of title 10, United States Code, to add a
requirement for the Assistant Secretary of Defense for
Operational Energy Plans and Programs to submit a report on the
feasibility and advisability of terminating energy procurement
by the Department of Defense from foreign entities of concern.
The Senate amendment contained a similar provision (sec.
313).
The agreement includes the House provision with a technical
amendment.
Sec. 317--Purchase or lease of electric, zero emission, advanced-
biofuel-powered, or hydrogen-powered vehicles for the
Department of Defense
The Senate amendment contained a provision (sec. 2867) that
would require, with certain waivers, that the Department of
Defense's fleet of non-tactical vehicles shall be
alternatively-fueled vehicles by the end of 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 318--Clarification and requirement for Department of Defense
relating to renewable biomass and biogas
The House bill contained a provision (sec. 329) that would
clarify the terms renewable biomass and biogas.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 319--Programs of military departments on reduction of fuel
reliance and promotion of energy-aware behaviors
The House bill contained a provision (sec. 354) that would
require each Secretary of a military department to establish a
program for the promotion of energy-aware behaviors within that
military department and the reduction of unnecessary fuel
consumption.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 320--Establishment of joint working group to determine joint
requirements for future operational energy needs of Department
of Defense
The Senate amendment contained a provision (sec. 312) that
would require the Secretary of Defense to establish a joint
working group to determine joint requirements for future
operational energy needs of the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 321--Amendment to budgeting of Department of Defense relating to
extreme weather
The House bill contained a provision (sec. 312) that would
require the Department of Defense to include in the annual
budget submission a calculation of the annual costs to the
Department for assistance provided to the Federal Emergency
Management Agency, the National Interagency Fire Center, and
other related entities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 322--Prototype and demonstration projects for energy resilience at
certain military installations
The House bill contained a provision (sec. 313) that would
require the Secretaries of the military departments to
designate installations as energy resilience testbeds for the
purpose of demonstrating innovative energy resilience
technologies.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 323--Pilot program for development of electric vehicle charging
solutions to mitigate grid stress
The House bill contained a provision (sec. 314) that would
require the Secretary of Defense to carry out a pilot program
to facilitate the transition to electric vehicles while
mitigating grid stress through microgrids and other
infrastructure to cover the energy demand required to charge
these vehicles.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 324--Pilot program on use of sustainable aviation fuel
The House bill contained a provision (sec. 315) that would
create a pilot program on the use of sustainable aviation fuel
by the Department of Defense.
The Senate amendment contained a similar provision (sec.
319).
The agreement includes the Senate provision with a
technical amendment.
Sec. 325--Policy to increase disposition of spent advanced batteries
through recycling
The House bill contained a provision (sec. 316) that would
require the Department of Defense to promulgate a policy to
increase the recycling of spent advanced batteries.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 326--Guidance and target goal relating to formerly used defense
sites programs
The House bill contained a provision (sec. 317) that would
require the Department of Defense to promulgate guidance on
assessing relative risk across the Formerly Used Defense Sites
Program and establish a deadline for cleaning up Military
Munitions Response Program sites.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 327--Analysis and plan for addressing heat island effect on
military installations
The House bill contained a provision (sec. 324) that would
require the commander of each large military installation to
conduct an analysis and plan for addressing the heat island
effect.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
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
The Senate amendment contained a provision (sec. 386) that
would require a report that examines the complete cost
estimates, material vulnerabilities, and various other cost-
benefits assessments before requiring, with certain waivers,
that the Department of Defense's fleet of non-tactical vehicles
be alternatively fueled vehicles by the end of 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331--Defueling of Red Hill Bulk Fuel Storage Facility
The House bill contained provisions (secs. 331 and 333)
that would require the Secretary of the Navy to defuel the Red
Hill Bulk Fuel Storage Facility not later than December 31,
2023, and require the Department of Defense to determine and
report on the need, number, and optimal locations of additional
sentinel or monitoring wells near the Red Hill Bulk Fuel
Storage Facility to detect and track the movement of fuel that
has leaked into the ground.
The Senate amendment contained no similar provision.
The agreement includes the House provisions with technical
amendments.
Sec. 332--Authorization of closure of underground storage tank system
at Red Hill Bulk Fuel Storage Facility
The House bill contained a provision (sec. 332) that would
prevent any funds, within fiscal year 2023, from being used to
permanently close the Red Hill Bulk Fuel Storage Facility until
1 year after the Secretary of Defense certifies that a fuel
capacity equivalent to the capacity provided by the Red Hill
Bulk Fuel Storage Facility has been added to U.S. Indo-Pacific
Command and provides a report on how the Department of Defense
will replicate the fuel storage capacity of the Red Hill Bulk
Fuel Storage Facility through the Indo-Pacific, a risk analysis
of these new fuel storage options, and a timeline and cost
analysis for establishing this storage capacity, among other
items.
The Senate amendment contained a similar provision (sec.
316).
The agreement includes the Senate provision with a
technical amendment.
Sec. 333--Report on bulk fuel requirements applicable to United States
Indo-Pacific Command
The agreement includes a provision that would limit 10
percent of operation and maintenance funding for the Office of
the Secretary of Defense for administration and service-wide
activities, until a report is delivered to the congressional
defense committees regarding bulk fuel requirements of United
States Indo-Pacific Command.
Sec. 334--Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility
The House bill contained a provision (sec. 334) that would
require the Department of Defense to determine and report on
the need, number, and optimal locations of additional sentinel
or monitoring wells near the Red Hill Bulk Fuel Storage
Facility to detect and track the movement of fuel that has
leaked into the ground.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 335--Studies relating to water needs of the Armed Forces on Oahu
The House bill contained a provision (sec. 336) that would
require the Secretary of Defense to conduct a study on the
means to provide for the future water needs of the military on
the island of Oahu, including construction of water treatment
plants, construction of a new water well, and transferring
Department of Defense utilities to local operators, among other
options.
The Senate amendment contained no similar provision.
The agreement includes the House provision with technical
amendments.
Sec. 336--Study on alternative uses for Red Hill Bulk Fuel Storage
Facility
The House bill contained a provision (sec. 336) that would
require a federally funded research and development center
study, in coordination with stakeholders, on possible future
Department of Defense uses for the Red Hill Bulk Fuel Storage
Facility.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
We note that the scope of the included provision relates
only to Department of Defense-related alternative uses for the
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
The House bill contained a provision (sec. 335) that would
require the Secretary of Defense to appropriately track the
health implications of fuel leaks from the Red Hill Bulk Fuel
Storage Facility for members of the Armed Forces and their
dependents.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment to require a briefing.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341--Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances
The Senate amendment contained a provision (sec. 333) that
would require the Secretary of Defense to 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) timely and regularly updated information on
the research efforts of the Department of Defense relating to
per- and polyfluoroalkyl substances.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 5803) that would
require the Secretary of Health and Human Services and the
Director of the National Institute of Environmental Health
Sciences to expand the study on the human health implications
of per- and polyfluoroalkyl substances contamination in water.
The Senate amendment contained a similar provision (sec.
331).
The agreement includes the Senate provision.
Sec. 343--Prizes for development of non-PFAS-containing turnout gear
The House bill contained a provision (sec. 341) that would
amend section 330 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116--283) to add prizes for the
development of non-PFAS-containing turnout gear.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 344--Modification of limitation on disclosure of results of
testing for perfluoroalkyl or polyfluoroalkyl substances on
private property
The Senate amendment contained a provision (sec. 332) that
would amend section 345(a)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) to
clarify for the Department of Defense that personally
identifiable information should not be publicly released
without the consent of the private property owner when
publishing water testing results for per- and polyfluoroalkyl
substances.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 345--Restriction on procurement or purchasing by Department of
Defense of turnout gear for firefighters containing
perfluoroalkyl substances or polyfluoroalkyl substances
The House bill contained a provision (sec. 343) that would
prohibit the Department of Defense from purchasing firefighting
equipment containing per- and polyfluoroalkyl substances if
acceptable alternatives are available.
The Senate amendment contained a similar provision (sec.
383).
The agreement includes the Senate provision.
Sec. 346--Annual report on PFAS contamination at certain military
installations from sources other than aqueous film-forming foam
The House bill contained a provision (sec. 375) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a report on the progress made towards,
and the status of any certification efforts relating to, the
replacement of fluorinated aqueous film-forming foam with a
fluorine-free fire-fighting agent, as required under section
322 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92).
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
We direct the Under Secretary of Defense for Acquisition
and Sustainment to submit to the congressional defense
committees, not later than June 1, 2023, a report on the
progress made towards, and the status of any certification
efforts relating to, the replacement of fluorinated aqueous
film-forming foam with a fluorine-free fire-fighting agent, as
required under section 322 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
Sec. 347--Report on critical PFAS uses; briefings on Department of
Defense procurement of certain items containing PFOS or PFOA
The House bill contained a provision (sec. 345) that would
require the Department of Defense to provide a list of per- or
polyfluoroalkyl substances uses it deems essential and provide
regular briefings on its efforts to procure perfluorooctane
sulfonate and perfluorooctanoic acid-free items.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Subtitle E--Logistics and Sustainment
Sec. 351--Resources required for achieving materiel readiness metrics
and objectives for major defense acquisition programs
The House bill contained a provision (sec. 351) that would
require the Director of Cost Assessment and Performance
Evaluation to submit a comprehensive estimate of the funds
necessary to meet the materiel readiness objectives through the
period covered by the most recent future years defense program.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 352--Annual plan for maintenance and modernization of naval
vessels
The House bill contained a provision (sec. 352) that would
amend section 231 of title 10, United States Code, to require
the Secretary of the Navy to include with the annual defense
budget materials a plan for the maintenance and modernization
of naval vessels over the next 30 fiscal years.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 353--Inclusion of information regarding joint medical estimates in
readiness reports
The Senate amendment contained a provision (sec. 371) that
would amend section 482(b) of title 10, United States Code, to
include a summary of the joint medical estimate prepared by the
Joint Staff Surgeon with a mitigation plan in the regular
classified readiness reports to Congress.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 354--Inapplicability of advance billing dollar limitation for
relief efforts following major disasters or emergencies
The Senate amendment contained a provision (sec. 355) that
would amend section 2208 of title 10, United States Code, to
authorize an exemption for Defense working capital fund
advanced billing to occur in the event of a declared national
emergency.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 355--Repeal of Comptroller General review on time limitations on
duration of public-private competitions
The Senate amendment contained a provision (sec. 356) that
would repeal an outdated requirement for the Government
Accountability Office to report on certain aspects of public-
private competitions.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 356--Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the Navy
The Senate amendment contained a provision (sec. 351) that
would require the Navy to implement the remaining
recommendations from the Government Accountability Office (GAO)
report on the Shipyard Infrastructure Optimization Plan,
published May 10, 2022, titled ``Naval Shipyards: Ongoing
Challenges Could Jeopardize Navy's Ability to Improve
Shipyards'' (GAO-22-105993).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 357--Limitation on availability of funds for military information
support operations
The Senate amendment contained a provision (sec. 353) that
would prohibit the obligation or expenditure of more than 50
percent of the funds available for the Joint Military
Information Support Operations Web Operations Center (JMWC)
until the Secretary of Defense provides notification of a plan
for appropriately managing and overseeing various aspects of
the JMWC's operations.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would prohibit the obligation or expenditure of
more than 75 percent of the funds available for military
information support operations until the Secretary of Defense
provides notification of a plan for appropriately managing and
overseeing various aspects of the Department of Defense's
military information support operations.
Sec. 358--Notification of modification to policy regarding retention
rates for Navy ship repair contracts
The House bill contained a provision (sec. 863) that would
require a 30-day notice and wait period before the Secretary of
the Navy could retain more than 1 percent of the contract value
for a contract for non-nuclear surface ship repair and
maintenance.
The Senate amendment contained a similar provision (sec.
354).
The agreement includes the Senate provision with an
amendment that would modify the notification requirement to
apply only to changes to the Department of the Navy's general
policy on retention rates, modify the timing of the
notification, change the individual responsible for notifying
Congress to be the Assistant Secretary of the Navy for
Research, Development and Acquisition, and include a sunset
date for the provision of 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
The Senate amendment contained a provision (sec. 352) that
would require the Secretary of the Navy to enter into an
agreement with a nonprofit or federally funded research and
development center (FFRDC) to conduct research on the capacity
and capability of U.S. private shipyards to repair, maintain,
and modernize naval vessels to ensure fleet readiness. The
provision would also require the FFRDC to develop and provide
to the Secretary of the Navy and the congressional defense
committees a report on the findings of such research.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 360--Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command
The House bill contained a provision (sec. 353) that would
require a federally funded research and development center
study on fuel distribution logistics in the Indo-Pacific,
including capability gaps, distribution vulnerabilities, and
the positioning of fuel support points.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 361--Quarterly briefings on expenditures for establishment of fuel
distribution points in United States Indo-Pacific Command area
of responsibility
The House bill contained a provision (sec. 372) that would
require the Commander of U.S. Indo-Pacific Command to submit
quarterly reports on the use of planning and design funds
related to the Red Hill Bulk Fuel Storage Facility.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371--Budgeting for depot and ammunition production facility
maintenance and repair: annual report
The House bill contained a provision (sec. 361) that would
amend chapter 9 of title 10, United States Code, by adding a
new section that would require the Secretary of Defense, in
coordination with the Secretaries of the military departments,
to include with the defense budget materials a report regarding
the maintenance, repair, and material condition of the organic
industrial base depots and ammunition production facilities.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 372--Extension of authorization of depot working capital funds for
unspecified minor military construction
The House bill contained a provision (sec. 362) that would
amend section 2208 of title 10, United States Code, to extend
the authority for service secretaries to use a working capital
fund to fund an unspecified minor military construction project
until the end of fiscal year 2025.
The Senate amendment contained an identical provision (sec.
2806).
The agreement includes this provision.
Sec. 373--Five-year plans for improvements to depot and ammunition
production facility infrastructure
The House bill contained a provision (sec. 366) that would
require the Secretaries of the military departments to submit
an annual report containing a description of the plans of each
Secretary to improve depot infrastructure over the five
following fiscal years.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 374--Modification to minimum capital investment for certain depots
The House bill contained a provision (sec. 363) that would
amend section 2476 of title 10, United States Code, to raise
the annual minimum capital investment for certain depots from 6
percent to 8 percent of the average total combined maintenance,
repair, and overhaul workload funded at all the covered depots
for the preceding 3 fiscal years.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would specify that 25 percent of the minimum
capital investment be used for the purposes of facilities
sustainment, restoration, and modernization.
Sec. 375--Continuation of requirement for biennial report on core
depot-level maintenance and repair
The House bill contained a provision (sec. 364) that would
reinstate a requirement that the Secretary of Defense submit a
biennial report on core depot-level maintenance requirements,
corresponding workloads, capabilities, workload shortfalls, and
other related matters.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 376--Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and repair
workloads
The House bill contained a provision (sec. 365) that would
reinstate a requirement that the Secretary of Defense submit an
annual report on the percentage of funds expended during the
current and ensuing fiscal years for performance of depot-level
maintenance and repair by both the public and private sectors.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 377--Clarification of calculation for certain workload carryover
of Department of the Army
The House bill contained a provision (sec. 367) that would
require the Secretary of Defense to authorize the Secretary of
the Army to use a calculation for depot and arsenal workload
carryover that applies a material end of period exclusion.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Subtitle G--Other Matters
Sec. 381--Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council
The House bill contained a provision (sec. 371) that would
amend section 184(k) of title 10, United States Code, to
require that the Deputy Secretary of Defense submit annual
reports containing the Deputy Secretary's assessment of the
Joint Safety Council's activities during the previous year and
establishing the Joint Safety Council's goals and priorities
for the following year.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 382--Accountability for Department of Defense contractors using
military working dogs
The House bill contained a provision (sec. 381) that would
require accountability reports for military working dogs in
service of U.S. military operations and would require the
Department of Defense to issue regulations prohibiting the
abandonment of military working dogs within 2 years.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 383--Membership of Coast Guard on Joint Safety Council
The House bill contained a provision (sec. 382) that would
establish an officer of the Coast Guard as a voting member of
the Joint Safety Council during periods in which the Coast
Guard is not operating as a service in the Department of the
Navy.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 384--Inclusion in report on unfunded priorities National Guard
responsibilities in connection with natural and man-made
disasters
The House bill contained a provision (sec. 391) that would
amend section 10504 of title 10, United States Code, to require
the Chief of the National Guard Bureau to submit a report to
various congressional committees on non-federalized National
Guard personnel, training, and equipment requirements. The
report would be required by January 31 of each calendar year
2023 through 2025.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Chief of the National Guard
Bureau to include in the National Guard Bureau unfunded
priorities list any unfunded priorities related to non-Federal
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
The House bill contained a provision (sec. 384) that would
amend section 351 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) to add the National
Interagency Fire Center to the wildfire training consultation
list for the National Guard.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 386--Interagency collaboration and extension of pilot program on
military working dogs and explosives detection
The House bill contained a provision (sec. 385) that would
require a review of research efforts concerning explosives
detection working dogs within the Department of Defense and the
Department of Homeland Security, and extend an existing pilot
program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 387--Amendment to the Sikes Act
The House bill contained a provision (sec. 5503) that would
amend the Sikes Act (Public Law 86-797) by expanding and making
permanent the Invasive Species Management Program.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 388--National standards for Federal fire protection at military
installations
The House bill contained a provision (sec. 387) that would
require the Secretary of Defense to ensure that firefighting
staffing on Department of Defense installations meets minimum
national safety standards.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 389--Pilot programs for tactical vehicle safety data collection
The House bill contained a provision (sec. 388) that would
require the Secretary of the Army and the Secretary of the Navy
to carry out 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.
The Senate amendment contained a similar provision (sec.
388).
The agreement includes the Senate provision with a
modifying amendment.
Sec. 390--Requirements relating to reduction of out-of-pocket costs of
members of the Armed Forces for uniform items
The House bill contained a provision (sec. 395) that would
require the Secretary of Defense to take necessary steps to
track the expected useful life of uniform items for officers
and enlisted members of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change the officer uniform allowance in
subpart (b) to a report on the expected useful life of required
uniform items, projected changes to such uniform items, and
related costs for each of the Armed Forces.
Sec. 391--Implementation of recommendations relating to animal facility
sanitation and plan for housing and care of horses
The Senate amendment contained a provision (sec. 381) that
would require the Secretary of the Army to implement the
recommendations of the equine veterinarian contained in the
memo, dated February 25, 2022, titled ``Animal Facility
Sanitation Inspection Findings for the Fort Myer Caisson Barns/
Paddocks and the Fort Belvoir Caisson Pasture Facility.''
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 392--Continued designation of Secretary of the Navy as executive
agent for Naval Small Craft Instruction and Technical Training
School
The Senate amendment contained a provision (sec. 384) that
would require the Secretary of the Navy to continue 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 provide such support, as necessary, for the
continued operation of the school through fiscal year 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 393--Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms
The House bill contained a provision (sec. 1026) that would
prohibit the Secretary of the Navy from discontinuing or
preparing to discontinue the Marine Mammal System program until
a replacement capability with equal or better capability has
been deployed.
The Senate amendment contained a similar provision (sec.
385).
The agreement includes the House provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for Army Community Services
The House bill contained a provision (sec. 302) that would
increase the funding table authorization for operation and
maintenance, Army by $20.0 million to be used for Army
community services.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Budget information for alternatives to burn pits
The House bill contained a provision (sec. 318) that would
require the Secretary of Defense to provide budget information
regarding incinerators and waste-to-energy waste disposal
alternatives to burn pits as a dedicated budget line item in
the President's budget for fiscal year 2024.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to update April 2019's
Open Burn Pit Report to Congress and provide it to the
congressional defense committees not later than June 1, 2023.
The updated report shall also focus on current existing
technologies and ongoing research, development, testing, and
evaluation efforts. We note that the health and safety of
servicemembers is our utmost priority and that the Department
of Defense needs to field safe and deployable open burn pit
alternatives as soon as possible.
Program to track and reduce Scope 3 emissions and energy costs
The House bill contained a provision (sec. 319) that would
require the Secretary of Defense to establish a program to
track and reduce Scope 3 emissions and energy costs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding electric or zero-emission vehicles for non-
combat vehicle fleet
The House bill contained a provision (sec. 321) that would
express the sense of Congress regarding electric or zero-
emission vehicles for non-combat vehicle fleet.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on feasibility of terminating energy procurement from foreign
entities of concern
The Senate amendment contained a provision (sec. 321) that
would require the Assistant Secretary of Defense for Energy,
Installations, and Environment to submit a report on the
feasibility and advisability of terminating energy procurement
by the Department of Defense from foreign entities of concern.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that this reporting requirement is addressed
elsewhere in this Act.
Study on environmental contamination and cleanup associated with
Thorium-230 and related substances
The House bill contained a provision (sec. 322) that would
require the Secretary of Defense to submit a report on the
results of a study on the environmental contamination and
associated remediation efforts at sites in the United States
where weapons containing Thorium-230 were developed,
transported, stored, or otherwise used.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, in consultation with
the Administrator for Nuclear Security, to conduct a review to
determine those Department of Defense and Department of Energy
sites in the United States in which weapons containing Thorium-
230 were, at any point, developed, transferred, stored, or
otherwise used, and for which there has been contamination
previously or currently. We further direct the Secretary, in
consultation with the Administrator, by not later than July 1,
2023, to brief the Committees on Armed Services of the Senate
and the House of Representatives on the results of the review.
Destruction of materials containing PFAS with technologies not
requiring incineration
The House bill contained a provision (sec. 323) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a report on the progress of the
Department of Defense in implementing on-site per- and
polyfluoroalkyl substances destruction technologies not
requiring incineration.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 343 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
regarding incineration remains in effect. We note that the
provision contained in the House bill could have had unintended
consequences if enacted.
Comptroller General report on acceleration and improvement of
environmental cleanup of Vieques and Culebra, Puerto Rico
The House bill contained a provision (sec. 325) that would
require the Comptroller General of the United States to submit
a report containing the results of a study conducted by the
Comptroller General on the status of the federal cleanup and
decontamination process in Vieques and Culebra, Puerto Rico.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on Department of Defense flood mapping efforts
The House bill contained a provision sec. 326 that would
require the Secretary of Defense to submit a report on the
flood mapping efforts of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the flood mapping efforts of the Department of Defense. The
briefing shall address: (1) How frequently the Department
updates such flood maps; (2) The resources used to undertake
flood mapping projects; and (3) Whether, and if so, how, such
maps are incorporated into broader flood maps of the Federal
Emergency Management Agency.
Biannual leak inspections of Navy and Air Force underground storage
tanks on Guam
The House bill contained a provision (sec. 327) that would
require the Secretary of the Navy to ensure that underground
fuel storage tanks owned by the Navy and located on Guam are
checked for leaks at least once every 6 months.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Navy to brief the
congressional defense committees not later than March 1, 2023,
on the frequency of which the underground fuel storage tanks
owned by the Navy on Guam are checked for leaks. The briefing
shall include any historical background on previous leaks and
the potential risk of future leaks, and the Navy's assessment
as to whether additional checks, and at what frequency, are
recommended.
Modification to restriction on Department of Defense procurement of
certain items containing perfluorooctane sulfonate or
perfluorooctanoic acid
The House bill contained a provision (sec. 342) that would
amend section 333 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) and restrict the Department of Defense from procuring
certain items containing perfluoroalkyl or polyfluoroalkyl
substances.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Standards for response actions with respect to PFAS contamination
The House bill contained a provision (sec. 344) that would
require the Secretary of Defense to meet or exceed the most
stringent standards between an enforceable state standard under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) (42 U.S.C. 9601 et seq.), an
enforceable Federal standard under CERCLA, or a health advisory
under the Safe Drinking Water Act (42 U.S.C. 300g-1) when
performing removal or remediation actions of perfluorooctane
sulfonate or perfluorooctanoic acid contamination from
Department of Defense or National Guard activities found in
drinking water or in groundwater that is not currently used for
drinking water.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Secretary of Defense report on establishing procedure for alerting
about exposure to perfluoroalkyl substances
The House bill contained a provision (sec. 373) that would
require the Secretary of Defense to submit a report detailing
how to establish a process for alerting active and retired
members of the Armed Forces about any applicable exposure of
such individuals to perfluoroalkyl substances and any potential
health risks resulting from such exposure.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
detailing how to establish a process for alerting active and
retired members of the Armed Forces, and their families about
any known exposures of such individuals to per- and
polyfluoroalkyl substances on a military installation and any
potential health risks resulting from such exposure. We note
that known exposure means drinking water or occupational
exposure while serving on a military installation that contains
per- and polyfluoroalkyl substances of more than the detection
limits using sampling methods provided by the Environmental
Protection Agency for perfluorooctanoic acid and
perfluorooctane sulfonic acid as the date of enactment.
Report on effects of wildfire and drought conditions on military
readiness at United States Naval Observatory Flagstaff Station
The House bill contained a provision (sec. 374) that would
require the Secretary of Defense to submit a report on the
effects of wildfire and persistent drought conditions at the
United States Naval Observatory Flagstaff Station.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees, not later than March 1, 2023,
on the effects of wildfire and persistent drought conditions at
the United States Naval Observatory Flagstaff Station. The
briefing shall include the following: (1) A detailed
description of the threat that such conditions pose to the
United States Naval Observatory Flagstaff Station, including
with respect to the mission of the facility, continued
operations, military readiness, military and civilian
workforce, housing, and access to water at the facility; and
(2) Recommendations for actions to be taken by the Secretary of
Defense, and by Congress, to ensure the continued and safe
operations of the facility.
Briefings on implementation of recommendations relating to safety and
accident prevention
The House bill contained a provision (sec. 376) that would
require the Secretary of Defense to submit a report on a
biannual basis on the status of the implementation of
recommendations relating to safety and the prevention of
accidents and mishaps with respect to members of the Armed
Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Requirement of Secretary of Defense to reimburse State costs of
fighting certain wildland fires
The House bill contained a provision (sec. 383) that would
require the Department of Defense to reimburse states, post-
enactment, for any firefighting costs related to wildfires
started on lands controlled by the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the Department's process for deciding if and when to
reimburse states regarding wildfire costs and how the
Department determines causation. The briefing shall also
include the number of wildfire incidents where states were not
reimbursed for costs incurred and the number of wildfire
incidents when states were reimbursed, and, in those times, how
many times the Department has not paid the full amounts of the
reimbursement sought.
Establishment of Army and Air Force Safety Commands; implementation of
accident investigation recommendations
The House bill contained a provision (sec. 386) that would
require the Secretary of the Army and the Secretary of the Air
Force to establish Army and Air Force Safety Commands and to
create entities responsible for ensuring the implementation of
recommended actions arising from accident investigations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on use of charging stations for personal electric vehicles
The Senate amendment contained a provision (sec. 387) that
would prohibit the Secretary of Defense from permitting the
charging of personal electric vehicles through charging
stations provided by the Department of Defense unless the
charging infrastructure allows for the receipt of payment for
such charging.
The House bill contained no similar provision.
The agreement does not include this provision.
Requirement for public disclosure of results of Department of Defense
lead testing
The House bill contained a provision (sec. 389) that would
require public disclosure of results of Department of Defense
lead testing.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense must adhere to all
Environmental Protection Agency regulations for lead testing
and reporting.
Briefing relating to use of recycled rubber waste products by
Department of Defense
The House bill contained a provision (sec. 390) that would
require the Deputy Assistant Secretary of Defense for
Environment and Energy Resilience to provide a briefing on the
use, and potential use, by the Department of Defense of
recycled and recyclable rubber products, including an
assessment of the utility of such use.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the use, and potential use, by the Department, of recycled
and recyclable rubber products, including an assessment of the
utility of such use.
Use of amounts available to Department of Defense for operation and
maintenance for removal of munitions and explosives of concern
in Guam
The House bill contained a provision (sec. 392) that would
allow the Secretary of Defense to use amounts available to the
Department of Defense for operation and maintenance to remove
munitions and explosives of concern from military installations
in Guam.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We understand the Department of Defense currently has this
authority and continues to work to refine its process for
munitions and explosives as part of the site preparation
process. We encourage the Department to work with Congress to
identify any additional legislative relief or new authorities
required so that such matters can be dealt with expeditiously.
Funding for Utility Helicopter Mods
The House bill contained a provision (sec. 393) that would
increase funding in section 4101, for Utility Helicopter Mods,
Line 026, for 60kVA Generator by $10.0 million.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
The authorization of specific amounts can be found in the
funding tables.
Sense of Congress regarding the use of working dogs to detect early
stages of diseases
The House bill contained a provision (sec. 394) that would
express the sense of Congress on the use of working dogs to
detect early stages of diseases.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the ongoing research effort conducted by the
Department of the Army, in partnership with the University of
Pennsylvania, titled ``Training Aid Delivery Device 2.0
Training Support for COVID-19 Detection,'' is exploring the
effectiveness of using scent detection working dogs to detect
the early stages of diseases, including COVID-19. This research
effort will soon complete Phase 2 and has shown promising
results, including an accuracy rate of 89 percent in COVID-19
detection from samples. It is important that the Department of
Defense fund Phase 3 of this research effort to determine
whether the use of working dogs is a feasible method of
responding to emerging disease threats in a low-cost, timely,
and widely applicable manner.
Recognition of service of military working dogs
The House bill contained a provision (sec. 396) that would
require the Secretary of Defense to develop a decoration or
other appropriate recognition to recognize military working
dogs under the jurisdiction of the Secretary that are killed in
action or that perform an exceptionally meritorious or
courageous act in service to the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Maintenance of publicly accessible website by Joint Safety Council
The House bill contained a provision (sec. 397) that would
amend section 184(d) of title 10, United States Code, to
require the Joint Safety Council to develop and maintain a
publicly available Internet website that contains information
for the families of deceased members of the Armed Forces who
died in a fatal operational or training accident, information
on the findings of each review or assessment conducted by the
Council, and an identification of any recommendation of the
Council relating to the prevention of fatal accidents among
members of the Armed Forces, and information on the progress of
the implementation of any such recommendation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title IV--Military Personnel Authorizations
Subtitle A--Active Forces
Sec. 401--End strengths for active forces
The House bill contained a provision (sec. 401) that would
authorize Active-Duty end strength as of September 30, 2023, as
follows: Army, 473,000; Navy, 348,220; Marine Corps, 177,000;
Air Force, 323,400; and Space Force, 8,600.
The Senate amendment contained a similar provision (sec.
401) that would authorize Active-Duty end strength as of
September 30, 2023, as follows: Army, 473,000; Navy, 354,000;
Marine Corps, 177,000; Air Force, 325,344; and Space Force,
8,600.
The agreement includes the House provision with an
amendment that would authorize Active-Duty end strength as of
September 30, 2023, as follows: Army, 452,000; Navy, 354,000;
Marine Corps, 177,000; Air Force, 325,344; and Space Force,
8,600.
Sec. 402--End strength level matters
The House bill contained a provision (sec. 402) that would
amend section 691 of title 10, United States Code, to establish
new minimum Active-Duty end strengths for the Army, Navy,
Marine Corps, Air Force, and Space Force as of September 30,
2023.
The Senate amendment contained a similar provision (sec.
402) that would repeal section 691 of title 10, United States
Code, and amend subsections (f) and (g) of section 115 of title
10, United States Code, to authorize the Secretaries concerned
to approve small variances from the end strengths established
under subsections (b) and (c) of title 115, United States Code.
The agreement includes the Senate provision with an
amendment that would require the Secretaries concerned to
promptly report any end strength variances in excess of those
authorized under subsections (f) and (g) of title 115, United
States Code.
Sec. 403--Additional authority to vary Space Force end strength
The Senate amendment contained a provision (sec. 403) that
would authorize the Secretary of the Air Force to vary U.S.
Space Force end strength by a greater degree than is otherwise
permitted for the Armed Forces. The authority provided by this
section would expire on December 31, 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle B--Reserve Forces
Sec. 411--End strengths for Selected Reserve
The House bill contained a provision (sec. 411) that would
authorize end strengths for Selected Reserve personnel of the
reserve components of the Armed Forces as of September 30,
2023, as follows: Army National Guard of the United States,
336,000; the Army Reserve, 189,500; the Navy Reserve, 57,700;
the Marine Corps Reserve, 33,000; the Air National Guard of the
United States, 108,400; the Air Force Reserve, 70,000; and the
Coast Guard Reserve, 7,000.
The Senate amendment contained a similar provision (sec.
411) that would authorize end strengths for Selected Reserve
personnel of the reserve components of the Armed Forces as of
September 30, 2023, as follows: Army National Guard of the
United States, 336,000; the Army Reserve, 189,500; the Navy
Reserve, 57,700; the Marine Corps Reserve, 33,000; the Air
National Guard of the United States, 108,400; the Air Force
Reserve, 70,000; and the Coast Guard Reserve, 7,000.
The agreement includes Senate provision that would
authorize end strengths for Selected Reserve personnel of the
reserve components of the Armed Forces as of September 30,
2023, as follows: Army National Guard of the United States,
325,000; the Army Reserve, 177,000; the Navy Reserve, 57,000;
the Marine Corps Reserve, 33,000; the Air National Guard of the
United States, 108,400; the Air Force Reserve, 70,000; and the
Coast Guard Reserve, 7,000.
Sec. 412--End strengths for Reserves on active duty in support of the
Reserves
The House bill contained a provision (sec. 412) that would
authorize end strengths for Reserve personnel of the Armed
Forces on Active Duty in support of the reserve components as
of September 30, 2023, as follows: the Army National Guard of
the United States, 30,845; the Army Reserve, 16,511; the Navy
Reserve, 10,077; the Marine Corps Reserve, 2,388; the Air
National Guard of the United States, 26,630; and the Air Force
Reserve, 6,286.
The Senate amendment contained a similar provision (sec.
412) that would authorize end strengths for Reserve personnel
of the Armed Forces on Active Duty in support of the reserve
components as of September 30, 2023, as follows: the Army
National Guard of the United States, 30,845; the Army Reserve,
16,511; the Navy Reserve, 10,077; the Marine Corps Reserve,
2,388; the Air National Guard of the United States, 25,333; and
the Air Force Reserve, 6,003.
The agreement includes the Senate provision.
Sec. 413--End strengths for military technicians (dual status)
The House bill contained a provision (sec. 413) that would
authorize end strengths for military technicians (dual status)
as of September 30, 2023, as follows: the Army National Guard
of the United States, 22,294; the Army Reserve, 6,492; the Air
National Guard of the United States, 9,892; and the Air Force
Reserve, 6,696.
The Senate amendment contained a similar provision (sec.
413) that would authorize end strengths for military
technicians (dual status) as of September 30, 2023, as follows:
the Army National Guard of the United States, 22,294; the Army
Reserve, 6,492; the Air National Guard of the United States,
10,994; and the Air Force Reserve, 7,111. The provision would
also limit the number of temporary military technicians (dual
status) to 25 percent of the authorized end strength and
prohibit a state from coercing military technicians 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.
The agreement includes the Senate provision.
Sec. 414--Maximum number of reserve personnel authorized to be on
active duty for operational support
The House bill contained a provision (sec. 414) that would
authorize the maximum number of reserve component personnel who
may be on Active Duty or full-time National Guard duty under
section 115(b) of title 10, United States Code, during fiscal
year 2023 to provide operational support.
The Senate amendment contained an identical provision (sec.
414).
The agreement includes this provision.
Subtitle C--Authorization of Appropriations
Sec. 421--Military personnel
The House bill contained a provision (sec. 421) that would
authorize appropriations for military personnel at the levels
identified in the funding table in section 4401 of division D
of this Act.
The Senate amendment contained an identical provision (sec.
421).
The agreement includes this provision.
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
The Senate amendment contained a provision (sec. 505) that
would amend the table in section 523 of title 10, United States
Code, to specify the total number of commissioned officers
serving on active duty in the Space Force in the grades of
major, lieutenant colonel, and colonel, respectively.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 502--Distribution of commissioned officers on Active Duty in
general officer and flag officer grades
The House bill contained a provision (sec. 501) that would
amend section 525 of title 10, United States Code, to establish
the distribution of general and flag officers in the Space
Force.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 503--Redistribution of naval officers serving on Active Duty in
the grades of O-8 and O-9
The Senate amendment contained a provision (sec. 503) that
would amend section 525(a)(3) of title 10, United States Code,
to increase the number of Navy flag officers authorized to
serve in the grade above the grade of rear admiral from 33 to
34, and to reduce the number of officers authorized to serve in
the grade of rear admiral from 50 to 49.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 504--Authorized strength after December 31, 2022: general officers
and flag officers on Active Duty
The House bill contained a provision (sec. 502) that would
amend section 526a of title 10, United States Code, to include
United States Space Force general officers in the authorized
strength of general and flag officers on Active Duty.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 505--Extension of grade retention for certain officers while
awaiting retirement
The Senate amendment contained a provision (sec. 502) that
would amend section 601(b)(5) of title 10, United States Code,
to authorize general and flag officers in the grade of general
or admiral, or lieutenant general or vice admiral, when
redeploying after serving at least 1 year in a combat zone or
overseas contingency operation, to retain their temporary grade
for not more than 90 days while awaiting retirement.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 506--Exclusion of officers serving as lead special trial counsel
from limitations on authorized strengths for general and flag
officers
The House bill contained a provision (sec. 503) that would
amend section 526a of title 10, United States Code, to exclude
general and flag officers serving as lead special trial counsel
from the limitations in that section.
The Senate amendment contained a similar provision (sec.
546) that would exempt application of section 526a to lead
special trial counsel for a period of 2 years following
enactment of this Act.
The agreement includes the Senate provision.
Sec. 507--Constructive service credit for certain officers of the Armed
Forces
The House bill contained a provision (sec. 504) that would
amend section 572 of title 10, United States Code, to authorize
constructive service credit for warrant officer original
appointments based on special training, experience, and
advanced education that is directly related to the operational
needs of the military. The provision would also establish a new
special pay authority for officers who are appointed using
constructive credit authority.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 572 of title 10, United
States Code, to authorize the Secretary concerned to award
constructive credit for appointment as a warrant officer based
on special training, experience, and advanced education. The
provision would also require the Secretary of Defense to submit
a report to the Committees on Armed Services of the Senate and
the House of Representatives not later than February 1, 2027 on
the use of the authority provided by this provision and a
determination of the adequacy of existing special pay
authorities for officer appointments where constructive credit
authorities are utilized.
Sec. 508--Improvements to the selection of warrant officers in the
military departments for promotion
The Senate amendment contained a provision (sec. 504) that
would amend sections 573, 575, 576, 577, and 578 of title 10,
United States Code, to authorize Secretaries of the military
departments to exclude a warrant officer from consideration by
a promotion board upon the request of the officer and to
authorize promotion selection boards to recommend that warrant
officers of particular merit be placed higher on the promotion
list.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 509--Advice and consent requirement for waivers of mandatory
retirement for superintendents of military service academies
The Senate amendment contained a provision (sec. 5501) that
would amend sections 7321, 8371, and 9321 of title 10, United
States Code, to clarify that the nomination and appointment of
a superintendent of a military academy to a subsequent military
assignment in lieu of retirement shall be subject to the advice
and consent of the United States Senate.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 509A--Modification of reports on Air Force personnel performing
duties of a nuclear and missile operations officer (13N)
The Senate amendment contained a provision (sec. 507) that
would require, as part of the annual report on the 13N career
field of the Air Force directed by section 506 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81), a staffing plan for managing personnel within the 13N
career field as the Air Force transitions operations to the
Sentinel intercontinental ballistic missile weapon system.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 509B--Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices
The House bill contained a provision (sec. 506) that would
require the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, respectively, to conduct assessments of
staffing within their offices. The provision would require an
interim briefing by not later than April 1, 2023, and a final
report by not later than 1 year after the date of enactment of
this Act on the results of these assessments.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 509C--GAO review of certain officer performance evaluations
The House bill contained a provision (sec. 508) that would
would require the Secretary of the Army to evaluate, through an
independent entity, the Army's fitness report system.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Comptroller General of the
United States, not later than 1 year after the enactment of
this Act, to review the officer performance reports of each
Armed Force and provide recommendations for improvement.
Sec. 509D--Study of chaplains
The House bill contained a provision (sec. 507) that would
direct an anonymous survey of military chaplains be developed
and executed by a non-profit entity or a federally funded
research and development center.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives by not later than 180
days after the enactment of this Act on roles and
responsibilities of chaplains, and various other resourcing and
personnel matters within the military service chaplain corps.
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
The House bill contained a provision (sec. 519A) that would
amend section 113(m) of title 10, United States Code, to add
new reporting requirements for the Senior Reserve Officers'
Training Corps (ROTC) in reports accompanying the National
Defense Strategy. The additional requirements were: (1) the
number of ROTC scholarships awarded during the fiscal year,
disaggregated by gender, race, and ethnicity, for each military
department; and (2) the program completion rates for ROTC
scholarship recipients, disaggregated by gender, race, and
ethnicity, for each military department.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 512--Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' Training Corps
The Senate amendment contained a provision (sec. 562) that
would amend section 2031 of title 10, United States Code, to
authorize the Secretaries of the military departments to
authorize certain recently separated servicemembers and
participating members of the Selected Reserve to serve as
Junior Reserve Officers' Training Corps instructors.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit the eligibility of former members to
those who have received honorable discharges. The amendment
would also require a briefing from the Secretary of Defense to
the Committees on Armed Services of the Senate and the House of
Representatives on the number of instructors employed under
this expanded eligibility, and the 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
The House bill contained a provision (sec. 513) that would
amend section 14308 of title 10, United States Code, to require
the Secretaries of the Army and Air Force to adjust the
effective date of Federal recognition for officers of the
National Guard whose approved application for Federal
recognition is delayed by more than 100 days from the date the
National Guard Bureau determines the officer's Federal
recognition application to be completely submitted for further
review.
The Senate amendment contained an identical provision (sec.
513).
The agreement includes this provision.
Sec. 514--Inspections of the National Guard
The House bill contained a provision (sec. 515) that would
amend chapter 1 of title 32, United States Code, to require the
Secretary of the Army and the Secretary of the Air Force to
prescribe regulations that would require the National Guard of
each State to be inspected not less than once every 5 years.
The inspections would include a review and assessment of the
command climate of the National Guard of the State, the extent
to which National Guard personnel are treated with dignity and
respect, and the compliance of the National Guard with
statutory, regulatory, and other requirements relating to sex-
related offenses and sexual harassment.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 105 of title 32, United
States Code, to include in the inspections required by this
section inspections of whether units and National Guard members
comply with Federal law and policies applicable to the National
Guard. The amendment would require the Secretary of the Army
and the Secretary of the Air Force to submit a report on the
implementation of this requirement not later than 6 months
after the date of enactment of this Act.
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
The Senate amendment contained a provision (sec. 511) that
would authorize the Secretaries of the Army and Air Force to
allow up to 100 members 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 their primary
duty through October 1, 2024. This provision would also require
reporting from the Secretaries concerned.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We expect the Secretaries concerned to end the practice of
assigning Active Guard and Reserve personnel to assignments in
which they train regular components of the Armed Forces as
their primary duties by the time the authority under this
provision expires on October 1, 2024.
Sec. 516--Continued National Guard support for FireGuard program
The House bill contained provisions (secs. 517 and 519B)
that would extend the National Guard's support for the
FireGuard program until September 30, 2029, and amend section
515 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) by prohibiting the Secretary of
Defense from transferring any component of the FireGuard
program from the Department of Defense to another entity,
unless a report and briefing is provided.
The Senate amendment contained a similar provision (sec.
515).
The agreement includes the Senate provision with a
technical amendment.
Sec. 517--Enhancement of National Guard Youth Challenge Program
The House bill contained a provision (sec. 519E) that would
authorize the Secretary of Defense to provide certain
additional support to the National Guard Youth Challenge
Program in fiscal year 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would extend similar authority enacted in
section 516 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) through the end of fiscal
year 2023.
Sec. 518--Notice to Congress before certain actions regarding units of
certain reserve components
The House bill contained a provision (sec. 518) that would
require the Secretary of a military department to report to
Congress before tasking the Reserve Component.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike the requirements related to force
integration and general officer promotions and revise the
definition of a ``covered action'' under this provision to
exclude both responsibility reassignments and unit
integrations.
Sec. 519--Independent study on Federal recognition of National Guard
officers
The Senate amendment contained a provision (sec. 514) that
would require the Secretary of Defense to seek to enter into a
contract with a federally funded research and development
center to conduct a study on Federal recognition of National
Guard commissioned officer and warrant officer promotions. This
provision would also require the Secretary to submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives on the results of such study, and to
continue making annual progress reports on Federal recognition
of State National Guard promotions, until the average
processing time for such a personnel action is reduced to 90
days or fewer.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 519A--Review and update of report on geographic dispersion of
Junior Reserve Officers' Training Corps
The House bill contained a provision (sec. 519) that would
require the Secretary of Defense in consultation with the
Secretaries of the military departments to develop a plan to
increase the total number of the Junior Reserve Officers'
Training Corps to ensure that there is reasonable access to
such units in each geographic regions of the United States by
not later than September 30, 2031.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to review
and update a 2017 report from the RAND Corporation titled
``Geographic and Demographic Representativeness of Junior
Reserve Officers' Training Corps,'' and to submit the updated
report to the Committees on Armed Services of the Senate and
the House of Representatives not later than 1 year after the
date of enactment of this Act.
Sec. 519B--Briefing on duties of the Army Interagency Training and
Education Center
The House bill contained a provision (sec. 519D) that would
require the Secretary of Defense to submit a report to Congress
detailing an organizational plan and the associated costs
necessary for the Army Interagency Training and Education
Center to complete certain duties.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require a briefing on these matters by not
later than 120 days of enactment of this Act.
Subtitle C--General Service Authorities and Military Records
Sec. 521--Consideration of adverse information by special selection
review boards
The Senate amendment contained a provision (sec. 501) that
would amend section 628a of title 10, United States Code, to
clarify that Secretaries of the military departments have the
discretion to furnish adverse information to the next regularly
scheduled promotion board applicable to an officer to whom that
section applies, in lieu of furnishing such information to a
special selection review board under section 628a.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 522) that would
amend section 2601a of title 10, United States Code, to
authorize all enlisted members to accept gifts from charitable
or veterans service tax-exempt organizations.
The Senate amendment contained a provision (sec. 1050) that
would amend section 2601a of title 10, United States Code, to
authorize servicemembers whose injury or illness results in
enrollment in a Warriors in Transition program to accept gifts
from nonprofit organizations, private parties, and other
sources outside the Department of Defense or the Department of
Homeland Security.
The agreement includes the Senate provision with a
technical amendment.
Sec. 523--Limitation of extension of period of Active Duty for a member
who accepts a fellowship, scholarship, or grant
The House bill contained a provision (sec. 523) that would
implement a 5-year cap on Active Duty service commitments for
Doctor of Philosophy programs that fall under section 2603(b)
of title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike ``at least'' from section 2603(b)
of title 10, United States Code.
Sec. 524--Expansion of mandatory characterizations of administrative
discharges of certain members on the basis of failure to
receive COVID-19 vaccine
The House bill contained a provision (sec. 525) that would
amend section 736(a) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to make permanent the
requirement that a servicemember receive an honorable discharge
or a general discharge under honorable conditions if discharged
on the sole basis that the servicemember failed to obey a
lawful order to receive a vaccine for COVID-19.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the award of an uncharacterized
discharge to a servicemember discharged before completing the
first 180 continuous days of Active Duty for failure to obey a
lawful order to receive a vaccine for COVID-19.
Sec. 525--Rescission of COVID-19 vaccination mandate
The agreement includes a provision that would require the
Secretary of Defense to rescind the mandate that members of the
Armed Forces be vaccinated against COVID-19.
We believe in the importance of the Secretary following
public health guidance in order to protect the health and
welfare of servicemembers and their families, to include
mandating vaccines based on readiness requirements.
We note that the Department of Defense has mechanisms to
correct a servicemember's military record for discharge due to
failure to receive the COVID-19 vaccine. In addition, the
military departments have the ability to consider applications
for reinstatement of servicemembers who were previously
separated for refusing the vaccine. We would support efforts by
the Secretary to ensure that the military departments have a
consistent process in place to consider such requests for
correction of military records and reinstatement as long as all
other eligibility requirements are met for service.
Sec. 526--Temporary exemption from end strength grade restrictions for
the Space Force
The Senate amendment contained a provision (sec. 581) that
would temporarily exempt the Space Force from the end strength
grade restrictions in sections 517 and 523 of title 10, United
States Code, until January 1, 2024.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We expect that the Space Force will be able to comply with
the end strength grade restrictions in section 517 and 523 of
title 10, United States Code, by the time this temporary
exemption expires.
Sec. 527--Notification to next of kin upon the death of a member of the
Armed Forces: study; update; training; report
The House bill contained a provision (sec. 521) that would
require the Secretaries of the military departments to notify
the next of kin or other appropriate person not later than 4
hours after certain deaths, in cases that require a death
benefit be paid under subchapter II of chapter 75 of title 10,
United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
conduct a study on the notification processes of the next of
kin upon the death of a member of the Armed Forces, and upon
the conclusion of the study, to update the training and
education materials accordingly. The amendment would also
require the Secretary to provide a report to Congress on the
results of this study, by not later than 1 year after the date
of enactment of this Act.
Sec. 528--Gender-neutral fitness physical readiness standards for
military occupational specialties of the Army
The House bill contained a provision (sec. 527) that would
require the Secretary of the Army to establish gender-neutral
fitness standards for combat military occupational specialties
(MOSs) in the Army that are higher than those for non-combat
MOSs.
The Senate amendment contained a similar provision (sec.
527).
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Army, not
later than 180 days after the date of enactment of this Act, to
establish gender-neutral physical readiness standards that
ensure soldiers can perform the duties of their respective MOSs
and to provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives describing the
methodology used to determine the standards.
Sec. 529--Recurring report regarding COVID-19 mandate
The House bill contained a provision (sec. 599D) that would
require the Secretary of Defense to submit a recurring report
to the Committees on Armed Services of the Senate and the House
of Representatives on the disposition of servicemember requests
for religious and medical exemptions from the mandate to
receive a vaccination against COVID-19. The report would be
required every 60 days until the Secretary lifts the
requirement to receive the COVID-19 vaccination.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to require submission of the recurring report every
90 days until the Secretary lifts the vaccination requirement
or 2 years after the date of enactment of the Act.
Sec. 530--Sense of Congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or parenthood
The House bill contained a provision (sec. 599) that would
express the sense of Congress regarding women involuntarily
separated from the Armed Forces due to pregnancy or parenthood
as authorized by Executive Order 10240, signed by President
Harry S. Truman in 1951.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Subtitle D--Recruitment and Retention
Sec. 531--Treatment of personally identifiable information regarding
prospective recruits
The House bill contained a provision (sec. 529E) that would
amend section 503(a) of title 10, United States Code, to
require recruit information compiled under this section be used
only for authorized purposes. The provision would also require
the Secretary concerned to notify prospective recruits
regarding the information compiled under this section and to
permit prospective recruits to opt out of providing this
information.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize a 3-year pilot program to
evaluate the feasibility and effectiveness of the Secretary of
Defense collecting and using prospective recruit information in
order to more effectively and efficiently use recruiting
resources. The provision would also require the Secretary of
Defense to provide an interim briefing and final report on the
use of the pilot program authority to the Committees on Armed
Services of the Senate and the House of Representatives.
Sec. 532--Revival and extension of temporary authority for targeted
recruitment incentives
The Senate amendment contained a provision (sec. 523) that
would amend section 522 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) by extending until
December 31, 2025, the authority for a Secretary of a military
department to develop and provide new incentives to encourage
individuals to join the military as an officer or enlisted
servicemember.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We direct the Secretaries of the military departments to
brief the Committees on Armed Services of the Senate and the
House of Representatives on their implementation of this
authority not later than December 1, 2023, and annually
thereafter until the authority under this provision expires.
Sec. 533--Report on recruiting efforts of certain Armed Forces
The House bill contained a provision (sec. 598) that would
require the Secretary of the Army to submit a report on
recruiting personnel, budgets, and candidate waivers.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical and conforming changes to
the provision, expand the scope of the study to all the
military departments, and add requirements for the Secretary of
Defense to make an assessment of obstacles that recruiters face
in the field and to report the measures the military
departments are taking to mitigate such obstacles. The
amendment would also eliminate the requirement for the study to
be published on the internet.
Sec. 534--Review of marketing and recruiting of the Department of
Defense
The House bill contained a provision (sec. 597) that would
require a report on Department of Defense legacy marketing and
advertising not later than September 30, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would task the Comptroller General of the United
States with carrying out this review in lieu of the Secretary
of Defense.
Sec. 535--Report on Department of Defense recruitment advertising to
racial and ethnic minority communities
The House bill contained a provision (sec. 1079B) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the efforts of the
Department of Defense to increase marketing and advertising
with minority-owned media outlets and advertising agencies to
adequately reach racial and ethnic minority communities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to submit
a report to the congressional defense committees by not later
than June 1, 2023, 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
The House bill contained a provision (sec. 529A) that would
require the Secretary of Defense to submit a report to the
congressional defense committees not later than 180 days after
the date of enactment of this Act on military recruitment
practices in public secondary schools during calendars years
2018 through 2022.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to submit
a report to the Committees on Armed Services of the Senate and
the House of Representatives not later than 1 year after the
date of enactment of this Act on military recruitment
practices.
Sec. 537--Best practices for the retention of certain female members of
the Armed Forces
The House bill contained a provision (sec. 529G) that would
require the Secretaries of the military departments to share
and implement best practices regarding the use of retention and
exit survey data to identify barriers and lessons learned to
improve retention of female members of the Armed Forces under
the jurisdiction of such Secretaries.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
We note with satisfaction ongoing efforts within the
Department of Defense to improve retention of female
servicemembers. The Defense Advisory Commission on Women in the
Services continues to be a valuable venue for sharing and
evaluating promising ideas that further encourage women to
consider joining and remaining members of the military.
Sec. 538--Review of certain personnel policies of special operations
forces
The Senate amendment contained a provision (sec. 561) that
would require the Secretary of Defense to require the military
departments and U.S. Special Operations Command (SOCOM) to
complete a review and appropriately update Department of
Defense guidance and processes, with respect to the authority
of the Commander, SOCOM, to monitor the promotions of special
operations forces and coordinate with the military departments
regarding the assignment, retention, training, professional
military education, and special and incentive pays of special
operations forces.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make clarifying changes to the provision.
Sec. 539--Support for members who perform duties regarding remotely
piloted aircraft: study; report
The House bill contained a provision (sec. 596) that would
require the Secretary of Defense to conduct a study to identify
opportunities to provide support services and recognition to
the crew of remotely piloted aircraft. The study would analyze
personnel manning practices, safety polices, frequency and
quality of behavioral health care. This provision would also
require the Secretary of Defense to submit to the appropriate
congressional committees a report containing the results of the
study conducted under this section, including any policy
recommendations of the Secretary regarding such results, not
later than 1 year after the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would eliminate required consultation with the
Department of Transportation, enumerate reporting requirements,
and limit recipients of the report to the Committees on Armed
Services of the Senate and the House of Representatives.
Sec. 539A--Retention and recruitment of members of the Army who
specialize in air and missile defense systems
The House bill contained a provision (sec. 528) that would
require the Comptroller General of the United States to study
efforts to recruit and retain Army personnel who specialize in
air and missile defense systems. The provision would also
require the Secretary of the Army to implement any
recommendations made by the Comptroller General by September
30, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Comptroller General to study
efforts to recruit and retain Army personnel who specialize in
air and missile defense systems and provide a report to the
Committees on Armed Services of the Senate and the House of
Representatives not later than 18-months after the enactment of
this Act.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541--Matters in connection with special trial counsel
The House bill contained a provision (sec. 532) that would
modify Article 1 of the Uniform Code of Military Justice (10
U.S.C. 801) to include various additional punitive articles
within the definition of ``covered offense'' subject to the
authority of the Office of Special Trial Counsel. The provision
would also require the President to amend the Manual for
Courts-Martial to ensure that residual prosecutorial and
judicial duties with respect to covered offenses are
transferred to an appropriate entity. Finally, the provision
would require comprehensive reporting from the Department of
Defense regarding implementation of the reforms to the military
justice system contained in subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81).
The Senate amendment contained a similar provision (sec.
543).
The agreement includes the Senate provision with an
amendment that would limit the additional punitive articles
subject to the authority of the Office of Special Trial Counsel
to those from subsection (a) of the House provision.
Sec. 542--Technical corrections relating to special trial counsel
The Senate amendment contained a provision (sec. 545) that
would amend Article 24a of the Uniform Code of Military Justice
(10 U.S.C. 824a), concerning the provision of Special Trial
Counsel, added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), to
make various technical corrections to that article.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 543--Randomization of court-martial panels
The Senate amendment contained a provision (sec. 542) that
would amend Article 25 of the Uniform Code of Military Justice
(10 U.S.C. 825), to require that convening authorities detail
members of the Armed Forces for service as panel members of
courts-martial under regulations prescribed by the President
for the randomized selection of qualified personnel for such
panels, to the extent practicable. The provision would require
the President to promulgate regulations implementing this
provision by not later than 2 years after the date of the
enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 544--Jurisdiction of Courts of Criminal Appeals
The Senate amendment contained a provision (sec. 544) that
would amend Article 66 of the Uniform Code of Military Justice
(UCMJ) (10 U.S.C. 866) to authorize judicial review of any
conviction by court-martial. The provision would also amend the
scope of review under Article 69 of the UCMJ (10 U.S.C. 869) by
a Judge Advocate General.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit the applicability of this provision
to matters submitted on or after the date of enactment of this
Act.
Sec. 545--Special trial counsel of the Department of the Air Force
The House bill contained a provision (sec. 534) that would
amend section 1044f of title 10, United States Code, added by
section 532 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), to clarify that within
the Department of the Air Force a single dedicated office for
the Department shall be created from which trial counsel of the
Department of the Air Force will be supervised. The committee
notes that the Air Force will continue to provide legal support
to the Space Force, including execution of the requirements of
Subtitle D, Title V of the National Defense Authorization Act
for Fiscal Year 2022.
The Senate amendment contained an identical provision (sec.
547).
The agreement includes the House provision.
Sec. 546--Independent investigation of sexual harassment
The House bill contained a provision (sec. 531) that would
include as a covered offense, over which special trial counsel
would exercise jurisdiction pursuant to reforms made by
Subtitle D of title V of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81), the standalone
offense of sexual harassment under Article 134 of the Uniform
Code of Military Justice (10 U.S.C. 934). The provision would
also clarify the definition of independent investigation
pertaining to allegations of sexual harassment under section
1561 of title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify the definition of independent
investigation. The matter that would include the standalone
offense of sexual harassment under Article 134 as a covered
offense is addressed in elsewhere in this Act.
Sec. 547--Primary prevention research agenda and workforce
The House bill contained a provision (sec. 542) that would
amend sections 549A and 549B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) to
require specific research topics regarding sexual assault,
sexual harassment, and domestic violence, and to require the
Primary Prevention Workforce to incorporate findings and
conclusions from the primary prevention research agenda.
The Senate bill contained a similar provision (sec. 550)
that would require such research topics directed at
interpersonal and self-directed violence and require the
Comptroller General of the United States to submit to the
congressional defense committees a report comparing the sexual
harassment and prevention training of the Department of Defense
with similar programs at other Federal departments, by not
later than 1 year after the date of the enactment of this Act.
The agreement includes the Senate provision with a
technical amendment.
Sec. 548--Limitation on availability of funds for relocation of Army
CID special agent training course
The House bill contained a provision (sec. 539A) that would
prohibit the Army from obligating or expending funds to
relocate an Army Criminal Investigation Division Special Agent
course until 90 days after the Army provides a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on the completion of specified reports and the
Secretary of the Army certifies that the Army is in full
compliance with section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 549--Review of titling and indexing practices of the Army and
certain other organizations
The House bill contained a provision (sec. 538) that would
amend chapter 80 of title 10, United States Code, to require
the heads of military criminal investigative organizations to
provide written notice to individuals designated in the records
of the organization as a subject of an investigation after
January 1, 2011.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Army, not
later than 180 days after the date of the enactment of this
Act, to 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 that member or former member.
Sec. 549A--Briefing and report on resourcing required for
implementation of military justice reform
The Senate amendment contained a provision (sec. 541) that
would require the Secretaries concerned to submit a report to
the relevant congressional committees, not later than 1 year
after the date of the enactment of this Act, on the resourcing
necessary to implement the reforms contained in Subtitle D of
Title V of the National Defense Authorization for Fiscal Year
2022 (Public Law 117-81). The amendment would also require the
Secretaries concerned to provide semi-annual briefings to
relevant congressional committees through December 31, 2024, on
the Department of Defense's assessment of the resources
necessary to implement the amendments made by that Subtitle.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 549B--Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice
The House bill contained a provision (sec. 539C) that would
require the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
(DAC-IPAD) to submit, not later than 1 year after the date of
enactment of this Act, a report to the appropriate
congressional committees on the feasibility of establishing a
uniform policy for the sharing of certain information with
Special Victims' Counsel, Victims' Legal Counsel, or other
counsel representing victims of offenses under the Uniform Code
of Military Justice (chapter 47 of title 10, United States
Code).
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the DAC-IPAD to submit the report
to the Committees on Armed Services of the Senate and the House
of Representatives.
Sec. 549C--Dissemination of civilian legal services information
The House bill contained a provision (sec. 545) that would
require the Secretary of Defense to issue guidance pursuant to
which installation commanders may enter into memorandums of
understanding with qualified victim service agencies for
purposes of providing services to victims of sexual assault.
The Senate amendment contained a provision (sec. 551) that
would require the Secretary of Defense to ensure the
coordinated distribution and referral of information on the
availability of resources provided by civilian legal service
organization to military-connected sexual assault victims.
The agreement includes the Senate provision with a
technical amendment clarifying that the resources described in
this section are legal resources.
Subtitle F--Member Education
Sec. 551--Authorization of certain support for military service academy
foundations
The House bill contained a provision (sec. 552) that would
amend chapter 134 of title 10, United States Code, to authorize
the Secretary of the military department concerned to provide
use of facilities and equipment, on a non-reimbursable basis,
and endorsement to charitable foundations that operate
exclusively to support a military service academy.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Superintendent of a military
service academy, pursuant to regulations prescribed by the
Secretary of Defense, to authorize certain charitable
organizations that operate exclusively to support a military
service academy to use, on an unreimbursed basis, facilities
and equipment of the service academy.
Sec. 552--Individuals from the District of Columbia who may be
considered for appointment to military service academies
The House bill contained a provision (sec. 559A) that would
increase from 5 to 15 the number of individuals who may be
nominated to the military service academies from the District
of Columbia and include individuals nominated from the District
of Columbia in an existing additional appointment authority
under the Secretaries of the military departments.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would maintain the current nomination number for
the District of Columbia, but expand the pool of qualified
alternates from which the Secretaries of the military
departments may nominate.
Sec. 553--Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer
The House bill contained a provision (sec. 553) that would
prohibit service academy athletes from obtaining employment as
a professional athlete until after the completion of their
commissioned service obligation.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that is consistent with previous Congressional intent
that military service academy graduates who meet commissioning
standards serve at least 2 years of their active duty service
obligation prior to pursuing a career as a professional
athlete.
We note that congressional intent regarding military
service academy graduates participating in professional
athletics is clear. The National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) and the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) both
established the principle that service academy graduates must
serve for 2 years on Active Duty before affiliating with the
reserves to pursue employment as a professional athlete. The
contorted Department of Defense policy governing academy
graduates and professional sports deliberately circumvents
these recent laws. Service academy appointments are a zero sum
game. Every appointment that goes to a graduate who does not
complete his or her Active Duty service obligation to pursue
professional athletics, could have been awarded to many other
qualified young people who would have happily served their
country on Active Duty. We hope that the Department will
finally adhere to this latest reiteration of congressional
intent.
Sec. 554--Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers
The House bill contained a provision (sec. 556) that would
amend section 9414b of title 10, United States Code, to
authorize the Provost and Chief Academic Officer of the Air
Force Institute of Technology to serve not more than 5 years,
with authority to continue for an additional term of up to 5
years.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would add the same term limitations on the
Provost and Chief Academic Officer of the Naval Postgraduate
School by amending section 8453 of title 10, United States
Code.
Sec. 555--Naval Postgraduate School: attendance by enlisted members
The House bill contained a provision (sec. 554) that would
amend section 8545 of title 10, United States Code, to
eliminate space-available limitations on enlisted attendance at
the Naval Postgraduate School. The provision would also add a
condition that required enlisted members be accepted at a rate
unconstrained by the number of officer applications to the such
school and a require a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
effect of this policy change on the lethality of the Armed
Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would eliminate space-available limitations on
enlisted attendance at the Naval Postgraduate School and
require a briefing to Congress on any changes to the
effectiveness, readiness, and lethality of the Armed Forces
arising from this policy change.
Sec. 556--Modification of annual report on demographics of military
service academy applicants
The House bill contained a provision (sec. 559B) that would
include in an existing annual reporting requirement on the
demographics of military service academy applicants a further
reporting element on significant disparities in certain
demographic categories and any suspected cause of such
disparities within the application or nomination process.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 557--Study and report on professional military education
The House bill contained provisions (secs. 557, 558, and
559) that would establish a consortium of institutions of
military education to conduct research and develop common,
research-based criteria in order to improve military education
(sec. 557), establish a consortium of military institutions
specifically focused on military education for cybersecurity
matters (sec. 558), and create a commission on professional
military education (sec. 559).
The Senate amendment contained no similar provisions.
The agreement includes the House provision with an
amendment that would, in lieu of establishing the consortiums
and commission, require the Secretary of Defense to submit to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than December 1, 2025, a report on
the effectiveness of professional military education of
officers in the Armed Forces. The report would include an
appraisal of the feasibility and advisability of establishing a
professional military education consortium.
Sec. 558--Report on treatment of China in curricula of professional
military education
The House bill contained a provision (sec. 559C) that would
require the Secretary of Defense to submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report, not later than December 1, 2022, regarding the
treatment of China in the curricula of institutions of military
education, including changes to such treatment implemented in
the 5 years preceding the date of such report.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would push out the report deadline to December
1, 2023, and include the Naval Postgraduate School in the
institutions of military education covered by the report.
Subtitle G--Member Training and Transition
Sec. 561--Codification of SkillBridge program
The House bill contained a provision (sec. 563) that would
codify the SkillBridge program by updating Department of
Defense Instruction 1322.29, ``Job Training, Employment Skills
Training, Apprenticeships, and Internships for Eligible Service
Members,'' and developing a funding plan for it across the
Future Years Defense Program.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 562--Pilot program on remote personnel processing in the Army
The House bill contained a provision (sec. 529) that would
require the Secretary of the Army to implement a pilot program
to test the use of a software application to expedite virtual
in-processing and out-processing at one or more Army
installations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Army to
implement a pilot program to expedite in-processing and out-
processing at one or more Army installations.
Sec. 563--Annual report on members separating from active duty who file
claims for disability benefits
The House bill contained a provision (sec. 569A) that would
require the Secretary of Defense and the Secretary of Veterans
Affairs, not later than 1 year after the date of the enactment
of this Act, and not later than each January 1 thereafter, to
jointly submit to the appropriate congressional committees a
report on members of the Armed Forces who file claims for
disability benefits.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would sunset the reporting requirement in 2025,
require only the Secretary of Defense to submit the report, and
limit the report recipients to the Committees on Armed Services
of the Senate and the House of Representatives.
Sec. 564--Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM
The House bill contained a provision (sec. 566) that would
require the Department of Defense to conduct a study on how to
increase the participation of women in science, technology,
engineering, and mathematics (STEM) positions in the Armed
Forces and Department of Defense, as well as a study on how to
reform the Skillbridge program to help female servicemembers
find civilian employment in STEM.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives by September 30, 2023
on how to increase female military personnel and Department of
Defense civilian personnel participation 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
The House bill contained a provision (sec. 571) that would
amend section 1789 of title 10, United States Code, to
authorize the Secretary of a military department to support
chaplain-led programs to assist servicemembers and dependents
in the areas of resiliency, suicide prevention, or holistic
wellness.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide an annual briefing on the use of this authority to the
Committees on Armed Services of the Senate and the House of
Representatives.
Sec. 572--Pilot program to expand eligibility for enrollment at
domestic dependent elementary and secondary schools: extension;
report
The House bill contained a provision (sec. 574) that would
amend section 589C(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) to extend the pilot program to expand eligibility
for enrollment at domestic dependent elementary and secondary
schools from 4 years to 8 years.
The Senate amendment contained a similar provision (sec.
574).
The agreement includes the Senate provision with a
technical amendment.
Sec. 573--Commercial air waiver for next of kin regarding
transportation of remains of casualties
The House bill contained a provision (sec. 5805) that would
amend section 580A of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to require the
Secretary concerned, in the event of a death that requires the
Secretary to provide a death benefit under subchapter II of
chapter 75 of title 10, United States Code, to provide a
commercial air travel use waiver to the next of kin or other
appropriate person for transportation of deceased remains of a
servicemember who dies outside the United States.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 574--Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel
The House bill contained a provision (sec. 576) that would
authorize $53.0 million to provide assistance to local
educational agencies with military dependent students and $22.0
million for local educational agencies eligible to receive a
payment for children with severe disabilities.
The Senate amendment contained a provision (sec. 571) that
would authorize $50.0 million for continuation of the
Department of Defense (DOD) assistance program to local
educational agencies impacted by enrollment of dependent
children of military members and DOD civilian employees. The
provision would also authorize $10.0 million for impact aid
payments for children with severe disabilities, using the
formula set forth in section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398). Furthermore, the provision would authorize the
Secretary of Defense to use an additional $10.0 million for
payments to local educational agencies determined by the
Secretary to have higher concentrations of military children
with severe disabilities. Finally, the provision would require
the Secretary to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than March 31, 2023, on the Department's evaluation of
each local educational agency with higher concentrations of
military children with severe disabilities and its subsequent
determination of the amounts of impact aid each such agency
should receive.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 579E) that would
authorize the Secretary of Defense to provide financial
assistance to eligible local educational agencies that benefit
servicemembers' dependents with enrollment changes due to base
closures, force structure changes, or force relocations.
The Senate amendment contained an identical provision (sec.
572).
The agreement includes this provision.
Sec. 576--Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers
The Senate amendment contained a provision (sec. 573) that
would require the Secretary of Defense, in coordination with
the Secretaries of the military departments, to carry out a
pilot program to hire special education inclusion coordinators
at child development centers with a high population of military
children enrolled in the Exceptional Family Member Program.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the pilot program to authorize the
hiring of special needs inclusion coordinators in lieu of
special education inclusion coordinators.
Sec. 577--Promotion of certain child care assistance
The House bill contained a provision (sec. 579) that would
require military services to promote child care fee assistance
and in-home child care pilot program and to provide a report to
various congressional committees on activities taken in
furtherance of the provision.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would limit the report recipients to the
Committees on Armed Services of the Senate and the House of
Representatives.
Sec. 578--Industry roundtable on military spouse hiring
The House bill contained a provision (sec. 579B) that would
require the Under Secretary of Defense for Personnel and
Readiness to convene a roundtable of private entities to
discuss issues and barriers to military spouse hiring.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical and clarifying changes to
the provision.
Sec. 579--Recommendations for the improvement of the Military
Interstate Children's Compact
The House bill contained a provision (sec. 579A) that would
direct the Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating to develop
recommendations for the improvement and full implementation of
the Military Interstate Children's Compact, with a report
required 180 days after the date of enactment of this act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike ``and fully implement'' from the
provision and extend the reporting deadline to a year after the
date of enactment of this act. We note that full implementation
of the compact will require agreements with individual State
governments and cannot be accomplished via Federal legislation
alone.
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
The House bill contained a provision (sec. 579I) that would
require the Secretary of Defense to submit a briefing to
various congressional committees on the feasibility,
advisability, and considerations for expanding the in-home
childcare demonstration program to include au pairs.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike language in the House provision
relating to the sense of Congress and limit the briefing
audience to the Committees on Armed Services of the Senate and
the House of Representatives.
Sec. 579B--Briefing on policies regarding single parents serving as
members of the Armed Forces
The House bill contained a provision (sec. 579G) that would
require the Secretary of Defense to review regulations and
rules of the Department of Defense regarding single parents
serving as members of the Armed Forces not later than September
30, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would add a briefing requirement on the existing
policies for single servicemembers with dependents.
Sec. 579C--Public reporting on certain military child care programs
The House bill contained a provision (sec. 579H) that would
require the Secretary of Defense to post certain quarterly
information on the Military Child Care in Your Neighborhood and
Military Child Care in Your Neighborhood--Plus programs on a
publicly accessible website of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike the requirements in the House
provision for the posted information to be disaggregated by
month, payment amount, number of children, families, and
childcare providers.
Sec. 579D--Briefing on verification of eligible federally connected
children for purposes of Federal impact aid programs
The House bill contained a provision (sec. 577) that would
require each commander of a military installation to submit a
written verification to the Secretary of the military
department concerned confirming the information contained on
impact aid source check forms received from local educational
agencies (LEAs) for the purposes of the Federal Impact Aid
programs.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, in
consultation with the Secretaries of the military departments,
to brief the Committees on Armed Services of the Senate and the
House of Representatives, not later than February 1, 2023, on
the feasibility of developing a process whereby the commander
of a military installation may certify the information on
impact aid source forms received from LEAs, an estimate of the
resources and time required to implement such process, and the
possible benefits of working with LEAs to ensure forms are
submitted appropriately.
Sec. 579E--Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity
The House bill contained a provision (sec. 572) that would
establish affirmative rights of parents of children attending
Department of Defense Education Activity (DODEA) schools.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would express a sense of Congress on the rights
of parents of children who attend schools operated by DODEA and
require a report from the Director of DODEA on the parental
rights expressed therein.
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
The House bill contained a provision (sec. 583) that would
authorize the awarding of the Medal of Honor to Master Sergeant
Roderick W. Edmonds for acts of valor during World War II.
The Senate amendment contained a similar provision (sec.
584).
The agreement includes the House provision with an
amendment that would amend section 1552 of title 10, United
States Code, to authorize the Secretary concerned to award or
upgrade certain military decorations without regard to
statutory time limitations, upon the recommendation of a board
of review.
Sec. 582--Authorization for certain awards
The House bill contained a provision (sec. 582) that would
waive the time limitations specified in section 7274 of title
10, United States Code, to authorize the award of the Medal of
Honor David R. Halbruner, for his actions as a master sergeant
in the Army on September 11-12, 2012.
The Senate amendment contained a similar provision (sec.
585).
The agreement includes the House provision with an
amendment that would also authorize the award of the Medal of
Honor to Fred McGee, for his actions as a corporal in the Army
on June 16, 1952.
Sec. 583--Posthumous appointment of Ulysses S. Grant to the grade of
General of the Armies of the United States
The House bill contained a provision (599N) that would
express a sense of Congress regarding Ulysses S. Grant.
The Senate amendment contained a similar provision (sec.
587) that would authorize the President to posthumously promote
Ulysses S. Grant to the grade of General of the Armies of the
United States, equivalent to the rank and precedence held by
John J. Pershing.
The agreement includes the Senate provision with a
technical amendment.
Sec. 584--Enhanced information related to awarding of the Purple Heart
The House bill contained a provision (sec. 589) that would
require the Secretary of Defense to publish on a publicly
accessible internet website of the Department of Defense a list
of individuals who have been awarded the Purple Heart, upon
consent of such individuals or their next of kin, as long as
the public release would not constitute a security risk.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
In lieu of publishing recipients' names, the amendment
would require each military service to ensure that a publicly
available website includes a link to a description of the
background of the Purple Heart, the eligibility criteria for
awarding the Purple Heart, and contact information for each
service's awards and decorations branch. The amendment would
also require a report to the congressional defense committees
on the implementation of the provision.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591--Report on non-citizen members of the Armed Forces
The House bill contained a provision (sec. 599F) that would
amend section 147(b) of title 10, United States Code, to
require the Chief Diversity Officer of the Department of
Defense to submit an annual report to the congressional defense
committees on the immigration status of members of the Armed
Forces who are not citizens of the United States.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 115a of title 10, United
States Code, to add citizenship information to the annual
defense manpower profile report.
Sec. 592--Notification on manning of afloat naval forces:
modifications; codification
The House bill contained a provision (sec. 594) that would
require the inclusion of ships undergoing nuclear refueling or
defueling and concurrent complex overhaul in the Department of
Defense's quarterly manning reports to Congress.
The Senate amendment contained a similar provision (sec.
588) that would modify the same reporting requirement to
include a restriction on the assignment of more than one crew
to certain surface combatant vessels if other vessels are
experiencing manning shortfalls, and would eliminate an
existing sunset on the reporting requirement.
The agreement includes the Senate provision with an
amendment that would delete the restrictions on multiple
crewing for the DDG-1000 class and to provide the Secretary of
the Navy authority to waive the provision under certain
circumstances.
Sec. 593--Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery
The House bill contained a provision (sec. 593) that would
amend section 584(a) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to authorize the
Secretary of the Army to permit National Conference of Ministry
to the Armed Forces to carry out any action authorized by this
section without regard to the time limitation under section
2409(b)(2)(C) of title 38, United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 594--Disinterment of remains of Andrew Chabrol from Arlington
National Cemetery
The House bill contained a provision (sec. 592) that would
amend Section 2(c) of the Alicia Dawn Koehl Respect for
National Cemeteries Act (Public Law 113-65) to authorize
reconsideration of decisions made by the Secretary of Veterans
Affairs or the Secretary of the Army to disinter the remains or
to memorialize a person in a national cemetery. The provision
would also authorize the Secretary of the Army to disinter the
remains of Andrew Chabrol from Arlington National Cemetery.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Army to
disinter the remains of Andrew Chabrol from Arlington National
Cemetery not later than September 30, 2023.
Sec. 595--Pilot program on safe storage of personally owned firearms
The House bill contained a provision (sec. 599E) that would
require the Secretary of Defense to establish a voluntary pilot
program to promote the safe storage of personally owned
firearms. The provision would prescribe certain elements of the
pilot program and require the Secretary to provide to the
congressional defense committees a plan for the implementation
of the pilot program. It would also require the Secretary of
Defense to submit a report to the congressional defense
committees upon the termination of the pilot program under
subsection (a).
The Senate amendment contained a similar provision (sec.
1075).
The agreement includes the Senate provision.
Sec. 596--Pilot program on car sharing on remote or isolated military
installations
The House bill contained a provision (sec. 595) that would
establish a car sharing pilot program on installations in
Alaska.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
determine whether it is feasible and advisable to carry out a
pilot program to allow car sharing on remote or isolated
military installations. The amendment would also require the
Secretary concerned to provide to the congressional defense
committees a report on how the Secretary plans to carry out the
pilot program and set requirements for the pilot program, if it
is determined to be feasible and advisable.
Sec. 597--Briefing on the effects of economic inflation on members of
the Armed Forces
The House bill contained a provision (sec. 579J) that would
require the Secretary of Defense to submit to the congressional
defense committees a report on the extent to which economic
inflation has affected families of members of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change the report to a briefing, refocus
the briefing on the effects of economic inflation on military
members, and limit the briefing audience to the Committees on
Armed Services of the Senate and the House of Representatives.
Sec. 598--Study on improvement of access to voting for members of the
Armed Forces overseas
The Senate amendment contained a provision (sec. 5502) that
would require the Director of the Federal Voting Assistance
Program of the Department of Defense to conduct a study on
improving access to voting for members of the Armed Forces
overseas and to submit a report to Congress on the results of
the study not later than September 30, 2024.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 599--Report on incidence of military suicides by military job code
The Senate amendment contained a provision (sec. 583) that
would require the Secretary of Defense to conduct a review and
to submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than
December 31, 2023, on the rates of suicide in the Armed Forces
since September 11, 2001, disaggregated by year, military job
code, and component status.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 599A--Report on efforts to prevent and respond to deaths by
suicide in the Navy
The House bill contained a provision (sec. 599L) that would
require the Inspector General (IG) of the Department of Defense
to conduct a review of the efforts of the Secretary of the Navy
to prevent and respond to incidents of death by suicide,
suicide attempts, and suicidal ideation among members of the
Navy assigned either to sea or shore duty. The provision would
require the IG to submit a report to the congressional defense
committees, within 180 days of the date of the enactment of
this Act, that includes a summary of the review.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 599B--Report on officer personnel management and the development
of the professional military ethic of the Space Force
The Senate amendment contained a provision (sec. 582) that
would require the Secretary of the Air Force to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on proposed officer personnel
management and the development of the professional military
ethic in the Space Force not later than June 1, 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Clarification of grade of Surgeon General of the Navy
The House bill contained a provision (sec. 505) that would
amend section 8077 of title 10, United States Code, to provide
that the Surgeon General of the Navy, while so serving, would
hold the grade of O-9.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Section 502 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) repealed the statutory
specification of general or flag officer grades for various
positions in the Armed Forces, including the positions of the
Surgeons General of each service. That provision does not
preclude the appointment of these officers in the grades of
lieutenant general or vice admiral, and we expect the military
departments to manage their limited authorizations for general
and flag officers in the best interest of the department
involved.
Grades of certain chiefs of reserve components
The House bill contained a provision (sec. 511) that would
amend sections 7038, 8083, 8084, and 9038 of title 10, United
States Code, to require that the Chiefs of Reserve of each
service be appointed from officers in that reserve component in
the grade of lieutenant general or vice admiral.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Section 502 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) repealed the statutory
specification of general or flag officer grade for various
positions in the Armed Forces, including the positions of the
Chiefs of the reserve component of each service. This provision
does not preclude the appointment of these officers in the
grades of lieutenant general or vice admiral, and the services
have continued to appoint officers to these positions in the
grades of lieutenant general or vice admiral.
Grade of Vice Chief of the National Guard Bureau
The House bill contained a provision (sec. 512) that would
amend section 10505 of title 10, United States Code, to require
that the Vice Chief of the National Guard Bureau be appointed
to serve in the grade of general.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Selected Reserve and Ready Reserve order to Active Duty to respond to a
significant cyber incident
The Senate amendment contained a provision (sec. 512) that
would amend section 12304 of title 10, United States Code, to
authorize the Secretary of Defense to order units and members
of the Selected Reserve or Individual Ready Reserve, without
the consent of the members, to Active Duty to respond to a
significant cyber incident.
The House bill contained no similar provision.
The agreement does not include this provision.
Financial assistance program for specially selected members: Army
Reserve and Army National Guard
The House bill contained a provision (sec. 514) that would
amend section 2107a of title 10, United States Code, to add a
limitation to a financial assistance program authorizing the
Secretary of the Army to offer financial assistance to certain
Reserve Officers' Training Corps students, limiting such
program to students in science, technology, engineering,
mathematics, and related fields.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note our concern that the subject proposal unnecessarily
limits an existing financial assistance program in the midst of
a historically challenging recruiting environment.
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
The House bill contained a provision (sec. 516) that would
amend section 502(f)(2)(A) of title 32, United States Code, to
require the consent of the chief executive officer of a State,
territory, or the District of Columbia for operations or
missions conducted in that State, territory, or District of
Columbia by the National Guard in a Title 32 status at the
request of the President or the Secretary of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inclusion of United States Naval Sea Cadet Corps among youth and
charitable organizations authorized to receive assistance from
the National Guard
The Senate amendment contained a provision (sec. 516) that
would amend section 508 of title 32, United States Code, to
include the United States Naval Sea Cadet Corps among the list
of organizations that are eligible to receive assistance from
members and units of the National Guard.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that the Secretary of Defense already has the
authority to designate the Naval Sea Cadet Corps for such
purposes under section 508(d) of title 10, United States Code.
Divestiture of Tactical Control Party
The House bill contained a provision (sec. 519C) that would
prohibit divestiture of Tactical Control Party specialist force
structure from the Air National Guard until the Chief of the
National Guard Bureau provides a report to Congress describing
capability gaps and impacts such divestiture would have on Air
National Guard force structure.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe no divestiture of any Tactical Control Party
specialist force structure from the Air National Guard should
occur until the Secretary of the Air Force, in consultation
with the Chief of the National Guard Bureau, provides a report
to the Committees of Armed Services of the Senate and House of
Representatives describing:
(1) The capability gaps caused by divestiture of
Tactical Control Party force structure from the Air
National Guard and its impact on the Department of
Defense to execute the National Defense Strategy; and
(2) The impacts of such divestiture to the
operational capabilities of the Army to include the
active and reserve components and National Guard.
We therefore direct the Secretary of the Air Force to
provide such report by not later than December 1, 2023.
Modernization of the Selective Service System
The Senate amendment contained a provision (sec. 521) that
would make numerous amendments to the Military Selective
Service Act (Public Law 90-40) to expand registration
requirements under that Act to all Americans and to restate the
purpose and solemnity of selective service during times of war.
The expansion of registration to all Americans would take
effect 1 year after the date of the enactment of this Act.
The House bill contained no similar provision.
The agreement does not include this provision.
Prohibition on induction under the Military Selective Service Act
without express authorization
The Senate amendment contained a provision (sec. 522) that
would amend section 3809 of title 50, United States Code, to
provide that no person may be inducted into the Armed Forces
unless the Congress first passes, and there is enacted, a law
authorizing such induction into service.
The House bill contained no similar provision.
The agreement does not include this provision.
Briefing and report on administrative separation boards
The House bill contained a provision (sec. 524) that would
amend section 529B(c) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to require the
Comptroller General of the United States to submit, not later
than December 27, 2022, a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
preliminary results of its on-going study on the use of
administrative separation boards within the Armed Forces, and a
final report to the same committees not later than May 31,
2023.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We understand that the Comptroller General plans to submit
a report on the results of this study to the Committees on
Armed Services of the Senate and the House of Representatives
not later than December 27, 2022.
Prohibition on considering state laws and regulations when determining
individual duty assignments
The Senate amendment contained a provision (sec. 525) that
would prohibit the Secretary of Defense from using the
agreement or disagreement of a member of the Armed Forces with
the state laws and regulations applicable to any duty station
when determining the duty assignment of the member.
The House bill contained no similar provision.
The agreement does not include this provision.
Prohibition on use of photographs by certain military promotion boards
The House bill contained a provision (sec. 526) that would
require the Secretary of Defense to ensure that no record
provided to a military promotion board includes official or
unofficial photographs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the policy expressed in the House provision was
enacted in section 524 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283).
Enlistments: compilation of directory and other prospective recruit
information
The House bill contained a provision (sec. 529B) that would
amend section 503 of title 10, United States Code, to permit
the Secretary of Defense to compile certain additional
information regarding prospective recruits into the Armed
Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the issue of the Secretary of Defense's
authority to compile prospective recruit information is
addressed elsewhere in this Act.
Continuing military service for certain members eligible for chapter 61
retirement
The House bill contained a provision (sec. 529C) that would
require the Secretary of Defense to prescribe regulations to
authorize certain members eligible for retirement for physical
disability to continue to elect to serve in the Armed Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding the Port Chicago 50
The House bill contained a provision (sec. 529D) that would
recognize the role of racial bias in the prosecution and
convictions of the Port Chicago 50 following the deadliest home
front disaster in World War II.
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
We note that section 540N of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
included a sense of Congress on the role of racial bias during
the era in which the prosecutions and convictions of the Port
Chicago 50 took place.
Implementation of certain recommendations regarding screening
individuals who seek to enlist in the Armed Forces and
countering extremist activity in the Department of Defense
The House bill contained a provision (sec. 529F) that would
require the Secretary of Defense, not later than 60 days after
the date of enactment of this Act, to implement the seven
recommendations of the Under Secretary of Defense for Personnel
and Readiness included in the report entitled ``Screening
Individuals Who Seek to Enlist in the Armed Forces,'' submitted
to the Committees on Armed Services of the Senate and the House
of Representatives on October 14, 2020. The provision would
also require the Secretary, not later than 180 days after the
date of enactment of this Act, to implement six recommendations
of the Countering Extremist Activity Working Group in the
report entitled ``Report on Countering Extremist Activity
Within the Department of Defense,'' published in December 2021.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We understand that the Department of Defense is in the
process of implementing these recommendations, and has a fully
coordinated plan to sequentially implement the recommendations
in phases, as many of the recommendations build upon one
another.
Record of military service for members of the Armed Forces
The House bill contained a provision (sec. 529H) that would
amend section 1168 of title 10, United States Code, to
establish a standard military service record for all members of
the Armed Forces.
The Senate amendment contained a similar provision (sec.
526) that would amend section 1168(a) of title 10, United
States Code, to explicitly identify members of both the reserve
and active components as members of the Armed Forces.
The agreement does not include these provisions.
We note that the issue of updating and standardizing
service discharge records was addressed in the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
This process has been completed and the Department of Defense
is currently in the process of implementing the revised record
of service.
Standards for imposition of commanding officer's non-judicial
punishment
The House bill contained a provision (sec. 533) that would
amend article 15 of the Uniform Code of Military Justice (10
U.S.C. 815) to prohibit a commanding officer from imposing non-
judicial punishment unless the commander previously requested
and received legal advice from a judge advocate or other legal
officer and provided the member facing non-judicial punishment
with an opportunity to obtain appropriate legal counsel.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Financial assistance for victims of offenses under the Uniform Code of
Military Justice
The House bill contained a provision (sec. 535) that would
establish a fund in the Treasury of the United States to
provide financial assistance to victims of certain violent
offenses under the Uniform Code of Military Justice.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Addressing sex-related offenses and sexual harassment involving members
of the National Guard
The House bill contained a provision (sec. 536) that would
establish various reporting requirements in response to an
allegation of a sex-related offense or sexual harassment made
against a member of the Army or Air National Guard.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Chief of the National Guard Bureau Instruction
(CNGBI) 1300.01 dated 26 June 2020 requires the Army National
Guard and Air National Guard to conform with Department of
Defense policy on data calls and metrics associated with sexual
assault. We direct the Secretaries of the Army and Air Force to
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives by not later than June
1, 2023, detailing compliance with CNGBI 1300.01.
Prohibition on sharing of information on domestic violence incidents
The House bill contained a provision (sec. 537) that would
amend section 1562 of title 10, United States Code, to prohibit
the Secretary of Defense from sharing the findings of the
Incident Determination Committee with any party other than the
administrator of the central database of information on the
incidents of domestic violence involving members of the Armed
Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sentencing parameters under the Uniform Code of Military Justice for
hate crimes
The House bill contained a provision (sec. 539) that would
amend section 539E of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to incorporate Federal
hate crime sentencing enhancements in sentencing parameters
under Uniform Code of Military Justice sentencing reform.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that hate crime sentencing enhancements are
already included in the sentencing parameters guidelines
prescribed by section 539E of the National Defense
Authorization Act for Fiscal Year 2022, which requires
consideration of the severity of the offense and the guidelines
or offense category that would apply if the offense were tried
in a United States District Court.
Recommendations for sentencing of marijuana-based offenses under the
Uniform Code of Military Justice
The House bill contained a provision (sec. 539B) that would
require the Military Justice Review Panel to develop
recommendations specifying appropriate sentencing ranges for
offenses involving the use and possession of marijuana.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that sentencing guidelines for offenses
involving the use and possession of marijuana are already
addressed by section 539E of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81), which requires
consideration of the severity of the offense and the guidelines
or offense category that would apply if the offense were tried
in a United States District Court.
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
The House bill contained a provision (sec. 539E) that would
require the Joint Service Committee on Military Justice to
commission an evaluation and review of the definition of
consent, as set forth in Article 120 of the Uniform Code of
Military Justice (10 U.S.C. 920).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Standards and reports relating to cases overseen by military criminal
investigative organizations
The House bill contained a provision (sec. 539F) that would
require the Secretary of Defense to develop and implement
uniform standards applicable to the military criminal
investigative organizations of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Section 549C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) required the Secretaries
of the military departments to complete an evaluation of the
effectiveness of the military criminal investigative
organizations under their jurisdiction and to report the
results of that evaluation to the appropriate congressional
committees. This evaluation is ongoing and the results should
be considered before requiring additional changes to the
standards applicable to the military criminal investigative
organizations.
Clarifications of procedure in investigations of personnel actions
taken against members of the Armed Forces in retaliation for
protected communications
The House bill contained a provision (sec. 541) that would
amend section 1034 of title 10, United States Code, to clarify
procedures regarding the investigation of allegations of
prohibited personnel actions taken against servicemembers in
retaliation for protected communications.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Treatment of certain complaints from members of the Armed Forces
The House bill contained a provision (sec. 543) that would
establish criteria for how military service inspectors general
handle certain complaints by servicemembers concerning the
proper conduct of sexual assault and harassment investigations,
and prohibit delegation of such investigations under certain
circumstances.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Pilot program on financial assistance for victims of domestic violence
The House bill contained a provision (sec. 544) that would
require the Secretary of Defense to conduct a pilot program
under which the Secretary would make grants to certain victims
of domestic violence.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 546) that would
require a pilot program to assess the feasibility and
advisability of various mechanisms to inform families about the
Family Advocacy Programs and resiliency training of the Armed
Forces during their enrollment in the Defense Enrollment
Eligibility Reporting System and during command orientation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 549 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
required comprehensive changes to the family advocacy programs.
We direct the Under Secretary of Defense for Personnel and
Readiness to brief the Committees on Armed Services of the
Senate and the House of Representatives on the current efforts
to implement section 549, by not later than April 1, 2023.
Inspector General investigation into discrimination against members and
employees of Middle Eastern and North African descent
The House bill contained a provision (sec. 547) that would
require the Assistant Inspector General for Diversity and
Inclusion of the Department of Defense to conduct an
investigation into discrimination faced by members of the Armed
Forces, and civilian employees of the Department, who are of
Middle Eastern or North African descent.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised by the House provision are
the subject of required reporting under the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
(Public Law 107-174).
Time limit for processing certain administrative complaints
The House bill contained a provision (sec. 548) that would
add a new section 1561c to title 10, United States Code,
establishing time limits and judicial review for military equal
opportunity complaints.
The Senate amendment contained no similar provision.
We note that servicemembers have an established Equal
Opportunity Prevention and Response Program mandated by
Department of Defense Instruction 1350.02, DOD Military Equal
Opportunity Program, September 4, 2020.
Review and report on administration of sexual harassment claims
The House bill contained a provision (sec. 549) that would
require the Secretary of Defense to review the practices of the
Department of Defense pertaining to the administration of
sexual harassment claims, and provide a report to Congress on
such review.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters addressed in this provision are
routinely addressed in the Department's Annual Report on Sexual
Assault in the Military.
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
The Senate amendment contained a provision (sec. 549) that
would amend section 549B of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) to require the Secretary of Defense to establish
specific guidance for a separate multidisciplinary team
tailored to respond to serious harmful behaviors between
children and youth.
The House bill contained no similar provision.
The agreement does not include this provision.
Interagency task force to protect members, veterans, and military
families from financial fraud
The House bill contained a provision (sec. 549A) that would
require the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, to establish an Interagency Task
Force on Financial Fraud Targeting members of the Armed Forces
and veterans.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised and protections sought in
this provision are already the subject of rigorous oversight by
the Office of Servicemember Affairs (OSA) within the Consumer
Financial Protection Bureau (CFPB). According to its most
recent annual report, since CFPB began receiving consumer
finance complaints in June 2011, OSA has fielded more than
250,000 such complaints from servicemembers, veterans, and
their dependents, helping military families overcome unique
financial challenges by providing educational resources,
monitoring complaints, and working with other agencies to solve
many financial problems faced by servicemembers.
Exclusion of evidence obtained without prior authorization
The House bill contained a provision (sec. 549B) that would
amend section 271 of title 10, United States Code, to prohibit
the admission of evidence obtained in violation of the Posse
Comitatus Act (Public Law 45-263) in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Increase in maximum number of students enrolled at Uniformed Services
University of the Health Sciences
The House bill contained a provision (sec. 551) that would
amend section 2114(f)(2) of title 10, United States Code, to
increase the number of foreign medical students enrolled at the
Uniformed Services University of the Health Sciences (USUHS).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the
following: (1) The number of foreign medical students enrolled
at the USUHS for each year from 2012 through 2022; (2) The
number of such students who graduated the medical education
program; and (3) The number of foreign medical students who
participated in each of those years in Operation Bushmaster,
USUHS's annual tactical combat casualty care exercise.
Authority to waive tuition at United States Air Force Institute of
Technology for certain private sector civilians
The House bill contained a provision (sec. 555) that would
amend section 9414a of title 10, United States Code, to
authorize the Director and Chancellor of the Air Force
Institute of Technology to waive tuition costs for government
civilian employees and contractors attending non-credit,
continuing education short courses necessary for the
performance of their duties.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Speech disorders of cadets and midshipmen
The House bill contained a provision (sec. 559D) that would
make certain modifications to the treatment of speech disorders
by the military service academies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense provided a directed
briefing on this issue in May 2022, detailing the necessity for
officers to speak clearly and effectively while leading troops,
noting the availability of medical waivers in certain
circumstances for physical or medical standards, providing the
Reading Aloud Test administered to applicants, highlighting
that, on average, only one prospective student per year is
denied admission for a speech disorder, and describing the
availability of speech therapy.
Amendments to pathways for counseling in the Transition Assistance
Program
The House bill contained a provision (sec. 559E) that would
amend section 1142 of title 10, United States Code, to add
additional considerations for counseling pathways for certain
members of the Armed Forces pending discharge from active duty.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Information regarding apprenticeships for members during initial entry
training
The House bill contained a provision (sec. 561) that would
require the Secretary concerned to provide information
regarding apprenticeships related to a servicemember's military
occupational specialty or career field during initial entry
training.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that this information is already provided to
servicemembers at many points throughout their military
service.
Extremist activity by a member of the Armed Forces: notation in service
record; Transition Assistance Program counseling
The House bill contained a provision (sec. 562) that would
amend section 1142(b) of title 10, United States Code, to
require the Secretaries of the military departments to include
in the Transition Assistance Program in-person counseling on
extremist activities to servicemembers who violated Department
of Defense Instruction (DODI) 1325.06 (or successor document)
relating to extremist activity, and to require that violations
of the DODI are noted in military service records of the
individual involved.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We understand that substantiated misconduct is already
documented in the service records of servicemembers involved.
Pre-service education demonstration program
The Senate amendment contained a provision (sec. 563) that
would authorize the Secretary of each military department to
establish and carry out a demonstration program to determine
the advisability and feasibility of paying for all or a portion
of the tuition for an individual who is enrolled in a technical
or vocational degree, certificate, or certification program and
who also signs an enlistment contract.
The House bill contained no similar provision.
The agreement does not include this provision.
Training on digital citizenship and media literacy in annual cyber
awareness training for certain members
The House bill contained a provision (sec. 564) that would
require the Department of Defense to add a training component
to the existing annual cyber awareness training to teach
military members and military civilians about digital
citizenship and media literacy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the issue of improving information literacy
among military members and civilians was addressed in section
549N of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81).
Pilot grant program to supplement the Transition Assistance Program of
the Department of Defense
The House bill contained a provision (sec. 565) that would
implement a pilot program to provide grants to eligible
entities to offer certain members of the Armed Forces pending
discharge from active duty services and information related to
job placement.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that existing transition programs under sections
1142 and 1144 of title 10, United States Code, already provide
job placement services and information to servicemembers
pending discharge from Active Duty.
SkillBridge: apprenticeship programs
The House bill contained a provision (sec. 567) that would
require the Department of Defense to conduct a study on the
availability of registered apprenticeship positions within the
Skillbridge program, and consult with the Department of Labor
to recruit companies that offer registered apprenticeship
programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense already has this
information.
Training on consequences of committing a crime in preseparation
counseling of the Transition Assistance Program
The House bill contained a provision (sec. 568) that would
amend section 1142 of title 10, United States Code, to require
the military services to offer to certain members of the Armed
Forces pending discharge from Active-Duty training regarding
the consequences of criminal convictions on Federal benefits.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Participation of members of the reserve components of the Armed Forces
in the SkillBridge program
The House bill contained a provision (sec. 569) that would
amend section 1143 of title 10, United States Code, to
explicitly list members of the reserve component as eligible
for employment skills training.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that members of the reserve component are already
eligible to participate in employment skills training under
section 1143 of title 10, United States Code.
Outreach to members regarding possible toxic exposure
The House bill contained a provision (sec. 569B) that would
require the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, to establish a new risk
assessment for toxic exposure for members of the Armed Forces
assigned to work near burn pits and an outreach program to
inform such members regarding toxic exposure.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that another section of this Act would require the
Secretary of Defense, not later than 180 days after the date of
the enactment of this Act, to conduct a capability assessment
of potential improvements to activities of the Department of
Defense to reduce the effects of environmental exposures to
servicemembers and to develop an action plan to implement such
improvements.
Activities to assist the transition of members of the Armed Forces and
veterans into careers in education
The House bill contained a provision (sec. 569C) that would
amend section 1154 of title 10, United States Code, to expand
the Troops-to-Teachers program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Troops to Teachers program was restarted
under section 551 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), and the Department of
Defense is working on reports related to program costs, scope,
and impact.
Funding for SkillBridge
The House bill contained a provision (sec. 569D) that would
amend the funding tables in Division D to authorize $5.0
million in funding for the Skillbridge program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that another provision in this bill would require
the Secretary of Defense to develop a funding plan for
Skillbridge under section 221 of title 10, United States Code.
Funding for SkillBridge for law enforcement training
The House bill contained a provision (sec. 569E) that would
designate $5.0 million in funding under the Skillbridge program
to provide training to members of the Armed Forces to become
law enforcement officers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that funding for members of the Armed Forces to
become law enforcement officers under the Skillbridge program
is already available.
Numbers of certain nominations for cadets at the United States Military
Academy
The House bill contained a provision (sec. 569F) that would
increase the number of nominations for vacancies at the United
States Military Academy and increase the number of cadets
appointed by the Secretary of the Army from the pool of
nominated individuals.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Pilot Transition Assistance Program for military spouses
The House bill contained a provision (sec. 569G) that would
require the Secretary of Defense to establish a pilot
transition assistance program for spouses of members of the
Armed Forces eligible for the Transition Assistance Program
(TAP), authorized under sections 1142 and 1144 of title 10,
United States Code.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that military spouses may voluntarily attend either
all or portions of the TAP, a cooperative effort of the
Departments of Defense, Labor, Education, Homeland Security,
and Veterans Affairs that provides both in-person and online
information, tools, and training to prepare servicemembers and
their spouses for civilian life.
Guidelines for Active-Duty military on potential risks and prevention
of toxic exposures
The House bill contained a provision (sec. 569H) that would
require the Secretary of Defense and the Secretary of Veterans
Affairs, in consultation with the Secretary of Health and Human
Services and the Administrator of the Environmental Protection
Agency, to coordinate and establish training guidelines for
Active-Duty servicemembers to provide awareness of the
potential risks of toxic exposures and ways to prevent such
exposures during combat.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Government Accountability Office report on screenings included in the
health assessment for members separating from the Armed Forces
The House bill contained a provision (sec. 569J) that would
require the Comptroller General of the United States to submit
a report, within 180 days of the date of the enactment of this
Act, to the Committees on Armed Services of the Senate and the
House of Representatives on screenings included in health
assessments administered to servicemembers separating from the
Armed Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Defense report on third-party job search technology
The House bill contained a provision (sec. 569K) that would
require the Secretary of Defense to submit a report to
Congress, within 180 days of the date of the enactment of this
Act, on potential partnership opportunities with companies that
provide third-party job search software to help servicemembers
and veterans find employment up to 2 years following separation
from military service.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Expansion of pilot program to provide financial assistance to members
of the Armed Forces for in-home child care
The House bill contained a provision (sec. 573) that would
expand the In Your Home Child Care Fee Assistance Pilot Program
from five locations to six locations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 624 of the National Defense
Authorization act for Fiscal Year 2022 (Public Law 117-81)
already authorized expansion of the in-home childcare pilot
program to additional locations. We further note that military
families continue to face challenges finding adequate
childcare, especially those stationed in remote areas,
including Holloman Air Force Base, New Mexico; Naval Air
Station Lemoore, California; Fort Drum, New York; and Marine
Corps Base Twentynine Palms, California. We expect the
Secretaries of the military departments to explore all feasible
options for improving availability and access to childcare in
such areas, including consideration of expanding the pilot
program.
Advisory panel on community support for military families with special
needs
The House bill contained a provision (sec. 575) that would
modify the composition of the advisory panel on community
support for military families with special needs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 562 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) made
modifications to the advisory panel on community support for
military families with special needs.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the
implementation of the updates to the advisory panel on
community support for military families with special needs as
required in the National Defense Authorization Act for Fiscal
Year 2022.
Exceptional Family Member Program grant program
The House bill contained a provision (sec. 578) that would
establish a grant program in support of the Exceptional Family
Member Program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the proposed provision would have duplicated
services already provided by the United States Department of
Education under sections 1470 through 1473 of title 20, United
States Code. We encourage the Department of Defense to consult
with the Department of Education on ways in which the
Department of Defense can make the best use of existing
programs and authorities to benefit military families.
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
The House bill contained a provision (sec. 579c) that would
require the Secretary of Defense to submit a report on the
feasibility of a pilot program to provide, to covered
individuals, services under the United States Special
Operations Command Preservation of the Force and Family (POTFF)
initiative.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, not later than 90 days
after enactment of this Act, to provide the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the feasibility and advisability of establishing a
pilot program to provide, to covered individuals, services
under the POTFF initiative. At a minimum, the briefing shall
include the following elements:
(1) An outline of the tools, resources, authorities,
and personnel the Secretary determines would be
necessary to carry out such a pilot program;
(2) An assessment of the potential benefits,
implications, and effects of such a pilot program;
(3) The POTFF services that the Secretary could
provide to covered individuals under the pilot program;
(4) Any other information the Secretary determines
appropriate.
For the purpose of this briefing:
(1) The term ``covered individual'' means:
(a) a covered member;
(b) an immediate family of a covered member;
or
(c) an individual eligible for a gold star
lapel button under section 1126 of title 10,
United States Code, on the basis of the
relationship of such individual to a deceased
member of special operations forces.
(2) The term ``covered member'' means a member of the
Armed Forces--
(a) assigned to special operations forces;
and
(b) who is separating from the Armed Forces.
(3) The term ``immediate family member'' has the
meaning given that term in section 1789 of title 10,
United States Code.
(4) The term ``POTFF'' means the Preservation of the
Force and Family Program of United States Special
Operations Command under section 1788a of title 10,
United States Code.
(5) The term ``special operations forces'' means the
forces described in section 167(j) of title 10, United
States Code.
Military Spouse Transition Program: provision online and in multiple
languages
The House bill contained a provision (sec. 579D) that would
require the Secretary concerned to provide all services of the
Military Spouse Transition Program (commonly referred to as
``MySTeP'') online and in English, Spanish, Tagalog, and the
rest of the 10 most commonly spoken languages in the United
States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Department of Defense to look into
offering MySTeP services in languages other than English.
Surveys regarding military spouses
The House bill contained a provision (sec. 579F) that would
require the Secretary of Defense, in coordination with the
Commissioner of the Bureau of Labor Statistics, to determine
the feasibility of (1) Measuring labor market outcomes and
characteristics of military spouses with existing data from
surveys conducted by the Department of Defense and Bureau of
Labor Statistics; and (2) Modifying such surveys to capture
more information about military spouses. This provision would
also require the Secretary to submit a report to Congress not
later than 180 days after the date of the enactment of this
Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Department of Defense to continue its
ongoing coordination with the Department of Labor in developing
future surveys related to military spouse participation in the
labor market.
Report on the effects of the shortage of infant formula on the families
of members of the Armed Forces
The House bill contained a provision (sec. 579K) that would
require the Secretary of Defense to submit a report to the
congressional defense committees on the extent to which
servicemembers' families have had access to infant formula and
have been affected by a formula shortage from January 1, 2022,
through the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense has already provided
a briefing on this topic to the Committees on Armed Services of
the Senate and the House of Representatives.
Briefing on child care at Camp Bull Simons
The House bill contained a provision (sec. 579L) that would
require the Secretary of the Army and the Secretary of the Air
Force to submit to the congressional defense committees a joint
briefing regarding the provision of childcare at Camp Bull
Simons, Eglin Air Force Base not later than 90 days after the
date of enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Committees on Armed Services of the Senate
and the House of Representatives have already received the
briefing on this topic, and that the Army and Air Force have
implemented a plan to address childcare needs at Camp Bull
Simmons.
Authority to award the Medal of Honor to a member of the Armed Forces
for acts of valor while a prisoner of war
The House bill contained a provision (sec. 581) that would
amend sections 7271, 8291, 9271, and 2732 of title 10, United
States Code, to add ``active resistance, gallantry, or defiance
while serving as a prisoner of war'' as eligible criteria for
members of the Armed Forces to be awarded the Medal of Honor.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that prisoners of war are already authorized to
receive Medals of Honor, and at least 13 prisoners of war have
been awarded the Medal of Honor for their actions while
prisoners of war.
Rescission of Medals of Honor awarded for acts at Wounded Knee Creek on
December 29, 1890
The House bill contained a provision (sec. 584) that would
rescind the Medals of Honor awarded for acts at Wounded Knee,
Lakota Pine Ridge Indian Reservation, South Dakota, on December
29, 1890.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding service of Gary Andrew Cyr
The House bill contained a provision (sec. 585) that would
express a sense of Congress regarding service of Gary Andrew
Cyr, honoring his heroism.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Corporal Cyr's leadership and execution
enabled the mission to be a success. Corporal Cyr's actions
were hailed by others, and epitomized the Pathfinder motto of
``First in, Last out.''
Eligibility of veterans of Operation End Sweep for Vietnam Service
Medal
The House bill contained a provision (sec. 586) that would
allow the Secretary of the military department concerned, upon
the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual the
Vietnam Service Medal.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the distinguished service of veterans who
participated in Operation End Sweep from February 6, 1973, to
July 18, 1973, in undertaking the harrowing work of clearing
sea mines laid in Vietnamese waters. We value the honorable
performance of Operation End Sweep veterans following the
cessation of military combat operations in Vietnam.
Recognition of service of Lieutenant General Frank Maxwell Andrews
The Senate amendment contained a provision (sec. 586) that
would recognize and honor the service and sacrifice of
Lieutenant General Frank Maxwell Andrews.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that Lieutenant General Andrews should be honored
and recognized for his 37 years of loyal service to the U.S.
Army and Army Air Corps, his heroic leadership during World War
I and World War II, and his lasting legacy and selfless
sacrifice on behalf of the United States.
Authorization for award of Medal of Honor to E. Royce Williams for acts
of valor during the Korean War
The House bill contained a provision (sec. 587) that would
waive the time limitation in section 8291 of title 10, United
States Code, to allow the President to award the Medal of Honor
under such section to E. Royce Williams for acts of valor
during the Korean War.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge and honor Royce Williams's heroism while
engaged in aerial combat over the Sea of Japan on 18 November
1952, for which he was awarded the Silver Star.
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
The House bill contained a provision (sec. 588) that would
authorize the President to award the Medal of Honor, under
section 8291 of title 10, United States Code, to James Capers,
Jr. for his acts of valor as a member of the Marine Corps
during the Vietnam War.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize and honor the heroism and courage of James
Capers, Jr., during his service in Vietnam during the period of
March 31 through April 3, 1967, for which he was awarded the
Silver Star. We further note that the procedures for upgrading
and awarding decorations under section 8291 of title 10, United
States Code, pursuant to a favorable board recommendation under
section 1130 of such title, were clarified in another provision
in the agreement.
Study on fraudulent misrepresentation about receipt of a military medal
or decoration
The House bill contained a provision (sec. 589A) that would
require the Secretary of Veterans Affairs to conduct a study to
identify any monetary or government benefits obtained through a
fraudulent misrepresentation about the receipt a military
decoration or medal as described by section 704(c)(2) or 704(d)
of title 18, United States Code. This provision also requires
the Secretary of Veterans Affairs to report to Congress on the
findings of the study conducted under subsection (b) and policy
recommendations to resolve issues identified in the study not
later than 90 days after the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Electronic notarization for members of the Armed Forces
The House bill contained a provision (sec. 591) that would
amend section 1044a of title 10, United States Code, to
authorize electronic notarization for members of the Armed
Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the provision does not provide baseline
security measures to address potential harms of remote on-line
notarization, such as identity theft, fraudulent notarization,
data breaches, and cyberattacks. The provision would also
require States to recognize remote on-line notarizations as
valid, even if the notarization does not meet State
cybersecurity or privacy standards. We encourage the Secretary
of Defense to work with the Committees on Judiciary of the
Senate and the House of Representatives to address these
issues.
Armed Forces workplace and gender relations surveys
The House bill contained a provision (sec. 599A) that would
amend section 481 of title 10, United States Code, to add
indicators of assault to the Armed Forces Workplace and Gender
Relations Survey.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Task force on historical and current barriers to African American
participation and equal treatment in the armed services
The House bill contained a provision (sec. 599B) that would
require the Secretary of Defense to establish within the
Department of Defense a task force known as the ``Task Force on
Historical and Current Barriers to African American
Participation and Equal Treatment in the Armed Services.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the Department of Defense has undertaken a
myriad of efforts to ensure a more diverse and inclusive force
where all members are treated equitably and with respect. We
also note the Secretary of Defense is working to improve the
entire life-cycle military experience for all personnel,
particularly historically underrepresented or disenfranchised
racial and ethnic minorities, and is pursuing ways to increase
participation and opportunities for career advancement for
those populations. Therefore, we direct the Secretary of
Defense to brief the Committees on Armed Services of the Senate
and the House of Representatives, not later than May 1, 2023,
on those current and future efforts in support of a more
inclusive force. The brief shall include resources allocated,
lessons learned, how such efforts advance our strategic
national security and readiness postures in support of the
National Security Strategy and the Department's National
Defense Strategy, and any such other information as the
Secretary deems appropriate.
Plan to combat racial bias, discrimination, and harassment against
Asian American service members, civilians, and contractor
personnel
The House bill contained a provision (sec. 599C) that would
require the Secretary of Defense to develop a plan and
recommendations to address unconscious bias, discrimination,
and harassment targeted at Asian Americans; to improve the
recruitment and retention of Asian American servicemembers,
civilians, and contractor personnel; and to provide to Congress
a report describing such plan.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on instances of antisemitism
The House bill contained a provision (sec. 599G) that would
require the Secretaries concerned to submit a report to the
congressional defense committees identifying all administrative
investigations into allegations of antisemitism, and all
substantiated instances of antisemitism.
The Senate amendment contain no similar provision.
The agreement does not include this provision.
We note that the matters raised by the House provision are
the subject of required reporting under the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
(Public Law 107-174).
Annual report regarding cost of living for members and employees of the
Department of Defense
The House bill contained a provision (sec. 599H) that would
amend section 136 of title 10, United States Code, to require
the Under Secretary of Defense for Personnel and Readiness to
submit annual reports to Congress analyzing the cost-of-living
for servicemembers and civilian employees of the Department of
Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that fluctuations in cost-of-living for
servicemembers is captured annually in statutorily required
basic pay increases, as well as annual increases to the
subsistence and housing allowances that account for increased
costs of food and housing. Similarly, the Office of Personnel
Management tracks and reports on cost-of-living increases for
Federal civilian employees, and adjusts pay accordingly, by
locality. Finally, a number of well-established indices from
the Bureau of Labor Statistics and other sources
authoritatively track cost-of-living fluctuations for a broad
range of demographic, consumer, and employment subsets.
Review of recruiting efforts for women
The House bill contained a provision (sec. 599I) that would
require the Secretary of Defense to evaluate the effectiveness
and scale of existing outreach programs targeting the
recruitment of women for service in the Armed Forces, and to
provide a report to Congress on the results of such evaluation
together with recommendations to increase the effectiveness of
such programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that a comprehensive review of marketing and
recruiting programs within the Department of Defense is
included elsewhere in this Act.
Report on support for pregnant members
The House bill contained a provision (sec. 599J) that would
require the Secretary of Defense to report a summary of past,
current, and future efforts to support pregnant servicemembers
to the Committees on Armed Services of the Senate and the House
of Representatives.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 599K) that would
amend section 1501a of title 10, United States Code, to clarify
the authority of the Defense POW/MIA Accounting Agency to
solicit gifts in support of its mission to account for members
of the Armed Forces and civilian employees of the Department of
Defense listed as missing.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on programs through which members of the Armed Forces may file
anonymous concerns
The House bill contained a provision (sec. 599M) that would
require the Inspector General of the Department of Defense to
conduct an assessment of the extent to which the Secretary of
Defense and the service secretaries have implemented programs
through which members of the Armed Forces may file anonymous
concerns or complaints.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Recognition of military Olympic competition
The Senate amendment contained a provision (sec. 5503) that
would require the Secretary of Defense to direct each military
department to review its respective uniform and insignia
policies and, where applicable, add references to Olympic and
Paralympic medals. It would also require the Secretary of
Defense, not later than 1 year after the date of the enactment
of this Act, to report on the feasibility and cost of
establishing a service ribbon to be awarded to any member of
the Armed Forces who has competed as an Olympic or Paralympic
athlete on Team USA to designate that competition.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that there are existing guidelines regarding the
wearing of Olympic and Paralympic Medals. We direct the
Secretaries of the military departments, not later than April
1, 2023, to brief the Committees on Armed Services of the
Senate and the House of Representatives on existing guidelines
and practices on uniform and insignia polices that relate to
the wearing of Olympic and Paralympic medals.
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
The House bill contained a provision (sec. 611) that would
extend certain expiring bonus and special pay authorities to
December 31, 2023.
The Senate amendment contained a similar provision (sec.
611).
The agreement includes the House provision.
Sec. 602--Increase to maximum amounts of certain bonus and special pay
authorities
The House bill contained a provision (sec. 612) that would
amend various sections in chapter 5 of title 37, United States
Code, to increase the maximum amounts of certain bonus and
special pay authorities for enlisted members, nuclear officers,
aviation officers, and members with certain specialized skills.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would limit officer aviation bonus pay
authorized in section 334 of title 37, United States Code, to a
maximum $50,000, an increase of $15,000 from the current
maximum.
Sec. 603--Cold weather duty: authorization of assignment or special
duty pay; travel allowance for members of the Armed Forces
assigned to Alaska
The House bill contained a provision (sec. 613) that would
establish special ``Arctic pay'' and other allowances designed
to enhance the morale of servicemembers who are stationed in
Alaska and servicemembers whose duties include maintaining
critical cold-weather warfighting skills.
The Senate amendment contained similar provisions (secs.
524 and 613).
The agreement includes the Senate provisions with an
amendment that would authorize the Secretaries of the military
departments to pay assignment or special duty pay to
servicemembers who perform duties in cold weather locations.
We note that the remote location and harsh weather
conditions present challenges to servicemembers who are
assigned to duty stations in Alaska. We encourage the
Department of Defense and the military services to continue to
develop innovative quality-of-life initiatives designed to
improve morale for servicemembers and their families assigned
to Alaska. We further note that the problem of servicemember
suicide has been particularly vexing in Alaska, and we
acknowledge the extraordinary efforts that the military
services have undertaken to address this problem. We encourage
the Department and the Secretaries of the military departments
to continue their efforts in suicide prevention in Alaska and
elsewhere.
Sec. 604--Air Force rated officer retention demonstration program
The House bill contained a provision (sec. 617) that would
establish a demonstration program to assess and improve
retention of certain rated officers serving on active duty in
the Air Force.
The Senate amendment contained an identical provision (sec.
631).
The agreement includes this provision.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611--Increases in maximum allowable income for purposes of
eligibility for basic needs allowance
The House bill contained a provision (sec. 601) that would
amend paragraph 402b(k)(1) of title 37, United States Code, to
exclude basic allowance for housing from the calculation of the
basic needs allowance.
The Senate amendment contained a similar provision (sec.
604) that would increase the amount of the basic needs
allowance entitlement to 150 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.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary concerned to
increase the basic needs allowance entitlement 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, based on
the member's location, household need, or special circumstance.
Sec. 612--Extension of authority to temporarily adjust basic allowance
for housing in certain areas
The Senate amendment contained a provision (sec. 603) that
would amend subparagraph 403(b)(8) of title 37, United States
Code, to extend the Secretary of Defense's authority to
prescribe a temporary adjustment in the current rates of basic
allowance for housing (BAH) for a military housing area if such
Secretary determines that the actual costs of adequate housing
differ from the current BAH rates by more than 20 percent
through the end of 2024.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 603) that would
amend section 403 of title 37, United States Code, to authorize
the Secretary of Defense to pay members whose sole dependents
die the basic housing allowance at the rate the member received
at the time of the dependent's death for up to a year.
The Senate amendment contained a similar provision (sec.
601).
The agreement includes the House provision with an
amendment that would make technical and conforming changes and
terminate the dependent-rate housing allowance upon the
permanent change of station of the members concerned.
Sec. 614--Basic allowance for housing for members without dependents
when home port change would financially disadvantage member
The House bill contained a provision (sec. 602) that would
amend section 403 of title 37, United States Code, to authorize
the Secretary of Defense to pay certain members of the Armed
Forces a housing allowance based on the member's previous home
port or permanent duty station.
The Senate amendment contained a similar provision (sec.
602).
The agreement includes the Senate provision.
Sec. 615--Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense Intelligence Agency
The House bill contained a provision (sec. 605) that would
amend chapter 7 of title 37, United States Code, to reinstate
benefits for certain members assigned to the Defense
Intelligence Agency.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 616--Extension of one-time uniform allowance for officers who
transfer to the Space Force
The House bill contained a provision (sec. 609C) that would
extend by 1 year the authorization to pay a uniform allowance
to officers who transfer to the Space Force, until September
30, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 617--OCONUS cost of living allowance: adjustments; notice to
certain congressional committees
The House bill contained a provision (sec. 609D) that would
prohibit the Secretary of Defense from reducing cost-of-living
allowance payments unless reductions are made in connection
with a permanent change of station.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would prohibit the Secretary of Defense from
reducing cost-of-living allowance payments more than once every
6 months, unless reductions are made in connection with a
permanent change of station. The provision would also require
the Secretary of Defense to notify the Committees on Armed
Services of the Senate and the House of Representatives at
least 180 days before modifying cost-of-living allowance
payments. The provision would also require the Secretary of
Defense to brief the Committees on Armed Services of the Senate
and the House of Representatives by March 1, 2023 on the
methodology used to determine the cost-of-living allowance
payment.
Subtitle C--Travel and Transportation Allowances
Sec. 621--Allowable travel and transportation allowances: complex
overhaul
The House bill contained a provision (sec. 607) that would
amend section 452 of title 37, United States Code, to authorize
travel and transportation expenses to be paid to members with a
current assignment to, and in conjunction with, a permanent
change of station to or from, a naval vessel undergoing nuclear
refueling or defueling and any concurrent complex overhaul. The
provision would also make technical and conforming changes to
such section.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 622--Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising from a permanent
change of station
The House bill contained a provision (sec. 608) that would
amend section 453 of title 37, United States Code, to authorize
reimbursement for select moving expenses to assist military
spouse entrepreneurs who do want to keep their business when
they move.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would limit the total reimbursement to $1,000 in
connection with each eligible reassignment.
Sec. 623--Extension of authority to reimburse members for spouse
relicensing costs pursuant to a permanent change of station
The House bill contained a provision (sec. 609) that would
amend subsection 453 of title 37, United States Code, to
permanently authorize reimbursement to members for qualified
spouse relicensing costs incident to a member's permanent
change of station.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would extend the spouse relicensing authority to
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
The House bill contained a provision (sec. 609B) that would
require the Secretaries of the military departments to
reimburse servicemembers for up to $2,000 in pet relocation
expenses arising from a permanent change of duty to or from a
location outside of the continental United States.
The Senate amendment contained a similar provision (sec.
5601) that would authorize the Secretaries of the military
departments to reimburse servicemembers for up to $4,000 in
transportation expenses for household pets arising from a
permanent change of station between the United States and a
foreign country.
The agreement includes the House provision with an
amendment that would authorize the Secretaries of the military
departments to reimburse servicemembers for up to $4,000 for
any expense related to pet relocation arising from a permanent
change of station to or from a location outside the continental
United States.
Sec. 625--Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes
The House bill contained a provision (sec. 609A) that would
amend section 453 of title 37, United States Code, to authorize
the Secretaries of the military departments to grant temporary
duty status to certain servicemembers assigned to professional
military education institutions or training classes for less
than 1 year.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 626--Conforming amendments to update references to travel and
transportation authorities
The Senate amendment contained a provision (sec. 605) that
would make technical and conforming amendments to update
references across the United States Code to existing travel and
transportation authorities in title 37, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 606) that would
amend section 451 and section 453 of title 37, United States
Code, to authorize travel payments to a designated childcare
provider in circumstances where childcare is not available at a
military child development center within 30 days following a
member's arrival at a new duty station.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would establish a 5-year pilot program to
reimburse members of the Armed Forces for certain childcare
costs incident to a permanent change of station or assignment.
The provision would also require the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the use of the pilot
program by January 1, 2027.
Subtitle D--Leave
Sec. 631--Technical amendments to leave entitlement and accumulation
The Senate amendment contained a provision (sec. 622) that
would repeal the obsolete authority in subsection 701(d) of
title 10, United States Code, and make technical and conforming
amendments pursuant to this change.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 632--Modification of authority to allow members of the Armed
Forces to accumulate leave in excess of 60 days
The Senate amendment contained a provision (sec. 621) that
would amend subsection 701(f) of title 10, United States Code,
to reduce the number of leave days that servicemembers can
retain under such subsection from 120 to 90 days after
September 30, 2025. This provision would also repeal the
authority of the Secretaries of the military departments to
designate additional qualifying duties for the purposes of
accumulating excess leave.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would cap excess leave for servicemembers at 30
days and modify the authority of the Secretaries of the
military departments to authorize excess leave under subsection
(e) of title 10, United States Code, as redesignated in section
631 of this Act. The amendment would authorize officers above
the grade of O-6 to permit servicemembers to retain up to 30
days of excess leave under certain circumstances. Under the
amendment, the transition period to the new excess leave cap of
30 days would extend to September 30, 2026.
Sec. 633--Convalescent leave for a member of the Armed Forces
The Senate amendment contained a provision (sec. 623) that
would add a new subsection to section 701 of title 10, United
States Code, to codify and define convalescent leave for
members of the Armed Forces. The provision would also modify
subsection (h) of such statute, as redesignated in section 631
of this Act, to clarify the scope of convalescent leave for
members who have given birth.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle E--Family and Survivor Benefits
Sec. 641--Claims relating to the return of personal effects of a
deceased member of the Armed Forces
The House bill contained a provision (sec. 622) that would
authorize claims for reimbursement for the personal effects of
deceased members of the Armed Forces that were damaged, lost,
or destroyed when being returned to designated persons.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Secretaries of the military
departments, at the request of a decedent's next of kin or
other appropriate person, to pursue claims against entities
contracted to deliver the personal effects of a decedent to the
decedent's next of kin or other appropriate person in the event
that such entities fail to substantially perform their duties.
Sec. 642--Extension of parent fee discount to child care employees
The House bill contained a provision (sec. 623) that would
amend section 1793 of title 10, United States Code, to
authorize an expansion of authorized assistance for childcare
service providers.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize childcare fee reductions for
children of military child development center employees.
Sec. 643--Survivor Benefit Plan open season
The House bill contained a provision (sec. 624) that would
authorize a Survivor Benefit Plan open enrollment period
beginning on the date of enactment of this Act and ending on
January 1, 2024.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize an open season for eligible
military retirees to opt in or opt out of the Survivor Benefit
Plan during the period beginning on the date of the enactment
of this Act and ending on January 1, 2024.
Sec. 644--Military installations with limited child care: briefing
The House bill contained a provision (sec. 625) that would
require the Secretary of Defense to conduct a study to identify
median childcare cost at accredited childcare facilities around
military installations where on-base childcare facilities have
limited availability or where no childcare facilities are
available on-base.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to submit
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on childcare at military
installations that are not served by a military childcare
development center or where the military childcare development
center has few available spots.
Sec. 645--Food insecurity among military families: data collection;
training; report
The House bill contained a provision (sec. 626) that would
require the Under Secretary of Defense for Personnel and
Readiness, acting through the Deputy Assistant Secretary for
Military Community and Family Policy, in coordination with the
Under Secretary for Food, Nutrition, and Consumer Services of
the Department of Agriculture, to 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. This
provision would require the data to be collected not later than
1 year after the enactment of this Act. It would also require
the Under Secretary of Defense for Personnel and Readiness to
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 not later than 1 year after
the date of enactment of this Act and annually thereafter.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the survey requirement in paragraph
(3) to require collection of data related to members and
dependents who are surveyed on the use, by such members and
dependents, of various Federal nutrition assistance programs.
Subtitle F--Defense Resale Matters
Sec. 651--Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges
The House bill contained a provision (sec. 631) that would
prohibit the sale of goods manufactured in China, assembled in
China, or imported into the United States from China at
commissary stores and military exchanges.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would prohibit the Secretary of Defense from
knowingly permitting the sale of products mined, produced, or
manufactured by forced labor from the Xinjiang Uyghur
Autonomous Region at commissary stores or military exchanges.
Subtitle G--Miscellaneous Studies, Briefings, and Reports
Sec. 661--Study on basic pay
The House bill contained a provision (sec. 643) that would
require the Secretary of Defense 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 Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would limit the audience for the briefings and
progress reports on this research to the Committees on Armed
Services of the Senate and the House of Representatives.
Sec. 662--Report on accuracy of basic allowance for housing
The House bill contained a provision (sec. 644) that would
require the Secretary of Defense to study and report on a more
transparent and modernized option to fairly calculate the Basic
Allowance for Housing for servicemembers.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would limit the recipients of this report to the
Committees on Armed Services of the Senate and the House of
Representatives.
Sec. 663--Review of dislocation and relocation allowances
The Senate amendment contained a provision (sec. 5602) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on dislocation
allowances paid to members of the uniformed services.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would narrow the scope of the report from the
uniformed services to the Armed Forces.
Sec. 664--Complex overhaul pay: briefing
The House bill contained a provision (sec. 616) that would
amend section 532 of title 37, United States Code, to establish
complex overhaul pay for sailors assigned to a naval vessel
undergoing nuclear refueling and complex overhaul.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Navy to
submit to the Committees on Armed Services of the Senate and
the House of Representatives a briefing regarding the
feasibility and advisability of establishing complex overhaul
pay.
Sec. 665--Studies on compensation for DOD child care providers
The House bill contained a provision (sec. 609E) that would
require the Secretary of Defense and the Secretary of Homeland
Security to conduct a study regarding compensation for
childcare employees operated by the Department of Defense and
the Coast Guard, respectively. The provision would also require
an automatic adjustment to the compensation of childcare
employees to ensure that their total compensation, including
pay and benefits, would not be less than the average
compensation paid to similarly credentialed employees of public
elementary schools in the same geographic area.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would strike the requirement for the Secretary
of Homeland Security to conduct such a study for the Coast
Guard and strike the provision requiring an automatic
compensation adjustment.
Sec. 666--Barriers to home ownership for members of the Armed Forces:
study; report
The House bill contained a provision (sec. 645) that would
direct the Secretary of Defense to enter into an agreement with
a federally funded research and development center or non-
profit entity to conduct a study on the barriers to home
ownership for members of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would eliminate the enumerated elements in the
House provision that would be required in the report and limit
the recipients of the report to the Committees on Armed
Services of the Senate and the House of Representatives.
LEGISLATIVE PROVISIONS NOT ADOPTED
Allowance for gym membership for certain members of the
Armed Forces who reside more than 10 miles from a military
installation
The House bill contained a provision (sec. 604) that would
amend chapter 7 of title 37, United States Code, to authorize
the Secretaries of the military departments to provide an
allowance for a gym membership for certain servicemembers who
reside at least 10 miles from an installation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Repeal of sunset of hazardous duty pay
The Senate amendment contained a provision (sec. 612) that
would repeal subsection (h) of section 351 of title 37, United
States Code, which provides for a sunset of the authorization
to pay hazardous duty pay to certain eligible military members
on December 31, 2022.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that a provision elsewhere in this Act would extend
the authority of the Secretaries concerned to pay hazardous
duty pay under section 351 of title 37, United States Code, to
December 31, 2023.
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
The House bill contained a provision (sec. 614) that would
authorize incentive pay to servicemembers who report waste,
fraud, or mismanagement resulting in cost savings to the
government.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that disclosing waste, fraud, abuse, and corruption
to appropriate authorities is a basic obligation of public
service, as outlined in section 2635.101 of title 5, United
States Code of Federal Regulations. We further note that
servicemembers are eligible to file certain qui tam claims
under the False Claims Act, section 3730 of title 31, United
States Code.
Inflation bonus pay
The House bill contained a provision (sec. 615) that would
authorize an inflation bonus for certain pay grades.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Expanded eligibility for bereavement leave for members of the Armed
Forces
The House bill contained a provision (sec. 621) that would
expand bereavement leave for servicemembers upon the death of a
parent.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than June 1, 2023, on the following
matters related to bereavement leave: (1) Implementation of the
bereavement leave entitlement established in section 622 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81); and (2) The feasibility and advisability of
expanding eligibility for this entitlement to include the death
of a parent.
Transitional compensation and benefits for the former spouse of a
member of the Armed Forces who allegedly committed a dependent-
abuse offense during marriage
The House bill contained a provision (sec. 641) that would
amend section 1059 of title 10, United States Code, to
authorize transitional compensation and benefits for the former
spouse of a member of the Armed Forces who allegedly committed
a dependent-abuse offense during the marriage.
The Senate amendment contained no similar provision
The agreement does not include this provision.
We note that under subsection 1059(d) of title 10, United
States Code, certain former spouses are already authorized
recipients of transitional compensation.
Authorization of permissive temporary duty for wellness
The House bill contained a provision (sec. 642) that would
authorize the Secretary of each military department to
prescribe regulations that would authorize servicemembers to
take not more than 2 weeks of permissive temporary duty each
year to attend a seminar, retreat, workshop, or outdoor
recreational therapy event hosted by a non-profit organization
that focuses on psychological, physical, spiritual, or social
wellness.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than August 1, 2023, on the
feasibility and advisability of authorizing permissive
temporary duty for such purposes. This briefing shall include
an overview of wellness activities and programs currently
available to members of the Armed Forces and their families.
Plan for reimbursement of certain expenses of certain members and
veterans related to Afghanistan evacuation
The House bill contained a provision (sec. 646) that would
require the Secretary of Defense to develop a plan to reimburse
members of the Armed Forces and veterans of the Armed Forces
who expended personal funds in support of efforts to evacuate
Afghan nationals from Afghanistan.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge the incredible heroism and professionalism
of those members on the Armed Forces who participated in the
United States transition out of Afghanistan and are grateful
for the Afghan nationals who supported the United States
military in Afghanistan.
Expansion of the space-available travel program to allow certain
disabled veterans to travel with a caregiver or dependent on
certain aircraft
The House bill contained a provision (sec. 647) that would
amend section 2641b of Title 10, United States Code, to expand
eligibility for space-available travel to certain caregivers
and family caregivers accompanying a veteran with a permanent
service-connected disability rated as total.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that under subsection (c) of section 2641b of title
10, United States Code, the Secretary of Defense has the
authority to determine the categories of individuals eligible
for space-available travel.
Elimination of cap on additional retired pay for extraordinary heroism
for members of the Army and Air Force who served during the
Vietnam Era
The House bill contained a provision (sec. 651) that would
amend various provisions of title 10, United States Code, to
eliminate the 75 percent cap on retirement pay for those
retired members of the Army and Air Force who have been
credited by the Secretaries of the Army and Air Force with
extraordinary heroism during the Vietnam era.
The Senate bill contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than May 1, 2023, on the feasibility
and advisability of eliminating the 75 percent cap on retired
pay for those retired members of the Armed Forces who have been
credited with extraordinary heroism.
Title VII--Health Care Provisions
Subtitle A--Tricare and Other Health Care Benefits
Sec. 701--Improvements to TRICARE Dental Program
The Senate amendment contained a provision (sec. 701) that
would amend section 1076a of title 10, United States Code, to
authorize improvements to the TRICARE Dental Program. The
provision would require management of administrative functions,
such as enrollment, eligibility, and premium payment processes
by a third party administrator. Eligible beneficiaries would
have three enrollment options in dental insurance plans offered
by not less than four national dental insurance carriers who
would manage dental care delivery matters, including claims
adjudication, coordination of benefits, covered services,
enrollment verification, and provider networks. Beneficiaries
could enroll in either a standard or high option plan, and,
where available, could enroll in a dental health maintenance
option plan. The Department of Defense (DOD) would pay 60
percent of the cost of the standard option plan for each
enrollment category. For high option plans, the DOD would pay
60 percent of the amount of the premium for a standard option
plan, and enrollees would pay the remaining additional premium
amount for the high option plan. Finally, enlisted members in
pay grades E-1 through E-4 would pay reduced premiums and co-
payments. The effective date of this provision would be January
1, 2025.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 702--Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency
The Senate amendment contained a provision (sec. 702) that
would amend section 1145(a)(2) of title 10, United States Code,
to authorize transitional health care benefits to a member of
the National Guard who is separated from full-time duty when
called or ordered by the President or the Secretary of Defense
under section 502(f) of title 32, United States Code, for a
period of active service greater than 30 days, in response to a
national emergency declaration and supported by Federal funds.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would include a national emergency declared by
Congress.
Sec. 703--Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station
The Senate amendment contained a provision (sec. 704) that
would amend section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
improve the medical referral process such that beneficiaries
enrolled in TRICARE Prime shall receive referrals for specialty
care services, as they may need, at the gaining location when
making permanent change of station moves. The provision would
require the Secretary of Defense to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than 180 days after the date of the
enactment of this Act, on the contractual and technical
barriers preventing record sharing between civilian provider
networks of the TRICARE Program that may lead to increased wait
times for health care services when beneficiaries move from one
TRICARE region to another.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 704--Confidentiality requirements for mental health care services
for members of the Armed Forces
The House bill contained a provision (sec. 781) that would
require the Secretary of Defense to review and update
Department of Defense Instruction 6490.08, entitled ``Command
Notification Requirements to Dispel Stigma in Providing Mental
Health Care to Service Members.''
The Senate amendment contained a similar provision (sec.
703).
The agreement includes the Senate provision.
Sec. 705--Audit of behavioral health care network providers listed in
TRICARE directory
The House bill contained a provision (sec. 708) that would
require the Secretary of Defense to conduct an audit of the
behavioral health care providers listed in the TRICARE
directory.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Comptroller General of the
United States to conduct an audit of the behavioral health care
providers listed in the TRICARE directory, and to submit a
report on the audit to the Committees on Armed Services of the
Senate and the House of Representatives not later than 1 year
after the date of enactment of this Act.
Sec. 706--Independent analysis of quality and patient safety review
process under direct care component of TRICARE program
The House bill contained a provision (sec. 709) that would
require the Secretary of Defense to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine to conduct an analysis of the quality and patient
safety review process for health care provided under the direct
care component of the TRICARE program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to seek
to enter into an agreement with a federally funded research and
development center (FFRDC) to conduct the analysis. The
provision would require the Secretary to submit, not later than
180 days after the date of enactment of this Act, an interim
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the selection of the FFRDC,
guidance issued by the Secretary, and the methodology for
conducting the study, and a final report to these committees
not later than 120 days after the Secretary receives the FFRDC
report.
Sec. 707--Study on providing benefits under TRICARE Reserve Select and
TRICARE Dental Program to members of the Selected Reserve and
dependents thereof
The House bill contained a provision (sec. 703) that would
amend section 1076a of title 10, United States Code, to
authorize members of the Selected Reserve to enroll in the
TRICARE Dental Program with no premiums or copayments.
The Senate amendment contained a provision (sec. 705) that
would authorize the Secretary of Defense to conduct a study on
the feasibility, potential cost effects to 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 all
members of the Selected Reserve, their dependents, and non-
dependent children under the age of 26.
The agreement includes the Senate provision with a
technical amendment.
Sec. 708--GAO study on certain contracts relating to TRICARE program
and oversight of such contracts
The House bill contained a provision (sec. 704) that would
amend chapter 55 of title 10, United States Code, to require
the Comptroller General of the United States to submit a report
to the congressional defense committees, not later than 180
days after the Secretary of Defense enters into a military
health care contract of more than $1.0 billion in total
expenditures, that would provide a review of the process used
in awarding such contract. The House bill also contained a
provision (sec. 759B) that would require the Director of the
Defense Health Agency (DHA) to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than February 1, 2023, on the number
and types of contracts awarded by the Agency during certain
fiscal years.
The Senate amendment contained no similar provisions.
The agreement includes the House provisions with an
amendment that would require the Comptroller General to conduct
a study on certain contracts relating to the TRICARE program
and the oversight on those contracts provided by the DHA
Director. The Comptroller General would provide an interim
briefing to the Committees on Armed Services of the Senate and
the House of Representatives within 1 year of the date of the
enactment of this Act followed by a report on the results of
the study within 2 years of enactment.
Sec. 709--GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws
The House bill contained a provision (sec. 741) that would
require the Comptroller General of the United States to conduct
a study to identify and assess the similarities and differences
with respect to coverage of mental health services under the
TRICARE program and coverage requirements under mental health
parity laws.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Comptroller General to conduct
the study not later than 1 year after the date of enactment of
this Act and to submit to the Secretary of Defense and to
certain congressional committees a report containing the
findings of the study.
Subtitle B--Health Care Administration
Sec. 711--Accountability for wounded warriors undergoing disability
evaluation
The House bill contained a provision (sec. 728) that would
require the Secretary of Defense to 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
servicemembers during the integrated disability evaluation
system process.
The Senate amendment contained a similar provision (sec.
729).
The agreement includes the Senate provision with a
clarifying amendment that would require the Secretary to
provide to the Committees on Armed Services of the Senate and
the House of Representatives, not later than February 1, 2023,
a briefing on the status of implementing this provision, and a
report to the same committees on the implementation of the
provision not later than 1 year after the date of enactment of
this Act.
Sec. 712--Inclusion of level three trauma care capabilities in
requirements for medical centers
The Senate amendment contained a provision (sec. 722) that
would amend section 1073d(b)(3) of title 10, United States
Code, to include level three trauma care capabilities in the
requirements for medical centers in the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 713--Centers of excellence for specialty care in military health
system
The Senate amendment contained a provision (sec. 726) that
would require the Secretary of Defense to establish regional
centers of excellence (COEs) for the provision of specialty
care at existing major medical centers of the Department of
Defense. The Department would establish COEs to: (1) Ensure
readiness of the military medical force and medical readiness
of the Armed Forces; (2) Improve the quality of health care
received by covered beneficiaries of the Department; and (3)
Improve health outcomes. The provision would require
establishment of such centers within 1 year of the date of the
enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 714--Maintenance of core casualty receiving facilities to improve
medical force readiness
The Senate amendment contained a provision (sec. 5701) that
would require the Secretary of Defense to establish four
military medical treatment facilities as Core Casualty
Receiving Facilities not later than October 1, 2024, with full
operational capability not later than October 1, 2025. Such
facilities shall be geographically located to facilitate
aeromedical evacuation of casualties from military operational
theaters and manned at not less than 90 percent of the staffing
level required to maintain bed capacities to support
operational planning requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that would amend section 1073d(b) of title
10, United States Code.
Sec. 715--Congressional notification requirement to modify scope of
services provided at military medical treatment facilities
The House bill contained a provision (sec. 721) that would
amend section 1073c(a) of title 10, United States Code, to
prohibit the Secretary of Defense from modifying the scope of
care at a military medical treatment facility (MTF) until the
Secretary submits a notification of the proposed modification
to the Committees on Armed Services of the Senate and the House
of Representatives and 180 days have elapsed since such
notification. The provision would require the Secretary to
provide servicemembers and covered beneficiaries with
continuity-of-care transition plans if such modification at the
MTF where they receive care would result in termination or
reduction of inpatient capabilities and with the opportunity to
participate in at least two public forums to discuss the
transition plan and any related concerns. Finally, the
provision would require each committee notification to contain
information that a military installation commander had been
consulted on any proposed modification to a MTF.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 1073d of title 10, United
States Code. The amendment would also remove the requirement
that beneficiaries should be able to participate in at least
two public forums to discuss transition plans and any concerns
they may have if there are plans to modify a MTF's scope of
care.
Sec. 716--Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities
The House bill contained a provision (sec. 734) that would
amend section 1079b of title 10, United States Code, to require
the commander (or director) of a military medical treatment
facility (MTF) to issue a waiver for fees charged to a civilian
provided medical care at such facility, when that individual is
not a covered beneficiary, if the provision of medical care
enhances the knowledge, skills, and abilities of health care
providers. The provision would require the Secretary of Defense
to reduce fees on a sliding scale for civilians with no health
insurance or for those at risk of financial harm. In certain
cases, the Secretary could implement a catastrophic waiver to
prevent financial harm.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Director of the Defense
Health Agency to issue a waiver for fees charged to a civilian
provided medical care at a MTF under the same conditions. The
amendment would require the Director of the Defense Health
Agency to reduce fees on a sliding scale for civilians with no
health insurance or for those at risk of financial harm. In
certain cases, the Director could implement a catastrophic
waiver to prevent financial harm.
Sec. 717--Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority
The House bill contained a provision (sec. 724) that would
amend section 1092(b) of title 10, United States Code, to
authorize the use of other transaction authority for studies
and demonstration projects relating to the delivery of health
and medical care by the Department of Defense.
The Senate amendment contained a similar provision (sec.
748).
The agreement includes the Senate provision.
Sec. 718--Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance
The House bill contained a provision (sec. 725) that would
amend section 1094(d)(2) of title 10, United States Code, to
improve licensure reciprocity for health care professionals
providing medical treatment as part of a mission relating to
emergency, humanitarian, or refugee assistance.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 719--Authorization of permanent program to improve opioid
management in the military health system
The Senate amendment contained a provision (sec. 743) that
would amend section 716 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
authorize the Director of the Defense Health Agency to
implement a permanent program to improve opioid management
instead of a pilot program. The provision would require the
Director to submit to the Committees on Armed Services of the
Senate and the House of Representatives the specifications of
and reasons for implementing a permanent program if the
Director decides to implement a permanent program.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 720--Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency
The House bill contained a provision (sec. 722) that would
amend section 1073c of title 10, United States Code, to change
the date by which the Secretary of Defense is required to
establish two subordinate organizations, the Defense Health
Agency Research and Development and the Defense Health Agency
Public Health, from September 30, 2022 to September 30, 2023,
and would authorize the Secretary to exclude certain elements
or functions of the Army Medical Research and Materiel Command
from these subordinate organizations. The House bill also
contained a provision (sec. 723) that would also amend section
1073c of title 10, United States Code, to authorize the
Secretary of a military department to retain an element or
function that would otherwise be organized or transferred to
the Defense Health Agency Public Health if the Secretary of
Defense determines that the element or function addresses a
need that is unique to a military department and is in direct
support of operating forces and necessary to implement national
security or defense strategies.
The Senate amendment contained a similar provision (sec.
724).
The agreement includes the Senate provision with an
amendment that would authorize, at the discretion of the
Secretary of Defense, a military department to retain, until
not later than February 1, 2024, functions that would otherwise
be transferred to the Defense Health Agency Research and
Development or the Defense Health Agency Public Health, if the
Secretary of Defense determines that the functions address: (1)
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. The
amendment would require the Secretary, not later than March 1,
2023, to provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on any function
that the Secretary has determined should be retained by a
military department.
Sec. 721--Access to certain dependent medical records by remarried
former spouses
The House bill contained a provision (sec. 736) that would
authorize the Secretary of Defense to authorize a remarried
former spouse who serves as a custodial parent of a dependent
child to retain electronic access to the privileged medical
records of such child even though the former spouse is no
longer a dependent.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 722--Authority for Department of Defense program to promote early
literacy among certain young children
The House bill contained a provision (sec. 727) that would
amend Chapter 55 of title 10, United States Code, to authorize
the Secretary of Defense to carry out a program to promote
early childhood literacy as part of pediatric primary care in
military medical treatment facilities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Secretary to carry out a
program to promote early literacy among young children in child
development centers and libraries located on military
installations.
Sec. 723--Plan for Accountable Care Organization demonstration
The Senate amendment contained a provision (sec. 723) that
would require the Secretary of Defense, acting through the
Director of the Defense Health Agency, to extend the duration
of the Accountable Care Organization demonstration, conducted
pursuant to Federal Register notice published on August 16,
2019 (84 Fed. Reg. 41974), through December 31, 2028. The
provision would require the Secretary to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than March 1 of each year, that
describes the conduct of the demonstration for the 1-year
period preceding the date of the report. The provision would
describe the required elements of the report.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense, not
later than 180 days after the date of the enactment of this
Act, to submit to the Committees on Armed Services of the
Senate and the House of Representatives a plan for the conduct
of the 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
The Senate amendment contained a provision (sec. 725) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than 180 days after the date of the
enactment of this Act, a plan to establish within the Defense
Health Agency a subordinate organization, the Military Health
System Medical Logistics Directorate. The provision would
prescribe the elements of such plan and require the Secretary
to establish the directorate within 1 year after submission of
the plan to the committees. The Senate amendment also contained
a provision (sec. 721) that would require the Secretary to
submit a plan to the same committees within the same time frame
to establish within the Defense Health Agency a subordinate
organization, the Military Health System Education and Training
Directorate. The Secretary would be required to establish such
directorate within 1 year after submission of the plan to the
committees.
The House bill contained no similar provisions.
The agreement includes the Senate provisions with an
amendment that would require the Secretary of Defense to
conduct a study on the feasibility of establishing within the
Defense Health Agency a military health system (MHS) medical
logistics directorate and a MHS education and training
directorate and to submit a plan for such establishment. The
provision would require the Secretary to submit the findings of
the study and the establishment plan to the Committees on Armed
Services of the Senate and the House of Representatives not
later than 1 year after the date of enactment of this act.
Subtitle C--Reports and Other Matters
Sec. 731--Briefing and report on reduction or realignment of military
medical manning and medical billets
The House bill contained a provision (sec. 745) that would
amend section 731 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) to require the Comptroller
General of the United States to submit, not later than December
27, 2022, preliminary observations regarding the analysis used
to support any reduction or realignment of military medical
manning, including any reduction or realignment of medical
billets of the military departments, to the Committees on Armed
Services of the Senate and the House of Representatives. The
provision would require a final report to the same committees
not later than May 31, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Comptroller General to submit
the briefing on preliminary observations to the Committees on
Armed Services of the Senate and the House of Representatives
not later than February 1, 2023.
Sec. 732--Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration Program
The House bill contained a provision (sec. 764) that would
amend section 737 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) to make technical and
clarifying changes to such section and to extend the reporting
deadline from 9 months to 2 years and 7 months.
The Senate amendment contained a similar provision (sec.
750).
The agreement includes the Senate provision.
Sec. 733--Clarification of membership requirements and compensation
authority for independent suicide prevention and response
review committee
The House bill contained a provision (sec. 765) that would
amend section 738(b)(3) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) to clarify that a
civilian employee of the Department of Defense who is a former
member of an Armed Force is eligible to serve as a member of
the Independent Suicide Prevention and Response Review
Committee.
The Senate amendment contained a similar provision (sec.
744) that would also authorize the Secretary of Defense to
compensate committee members for their work.
The agreement includes the Senate provision with an
amendment that would clarify that a member of the committee who
is a Department of Defense civilian employee and a former
member of an Armed Force may not receive compensation for work
on the committee.
Sec. 734--Termination of veterans' advisory board on radiation dose
reconstruction
The Senate amendment contained a provision (sec. 745) that
would amend section 601 of the Veterans Benefit Act of 2003
(Public Law 108-183) to terminate the Veterans' Advisory Board
on Radiation Dose Reconstruction.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 735--Brain health initiative of Department of Defense
The House bill contained a provision (sec. 770) that would
require the Secretary of Defense to establish the ``Warfighter
Brain Health Initiative'' to unify efforts and programs across
the Department of Defense (DOD) to improve the cognitive
performance and brain health of members of the Armed Forces.
The House bill also contained a provision (sec. 771) that would
authorize the Director of the Defense Health Agency, as part of
the ``Warfighter Brain Initiative'' of the DOD to monitor blast
overpressure through the use of commercially available, off-
the-shelf, wearable sensors, and to document and evaluate data.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to include elements of both provisions.
Sec. 736--Establishment of partnership program between United States
and Ukraine for military trauma care and research
The House bill contained a provision (sec. 777) that would
require the Secretary of Defense to establish a new partnership
program between the United States and Ukraine for military
trauma care and research not later than February 24, 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 737--Improvements relating to behavioral health care available
under military health system
The House bill contained a provision (sec. 752) that would
require the Secretary of Defense to conduct a study on the
accessibility of mental health care providers and services for
members of the Armed Forces serving on Active Duty, including
an assessment of: (1) The accessibility of mental health care
providers on military installations; (2) The accessibility of
inpatient services for mental health care for such members; and
(3) Steps that may be taken to improve such accessibility.
The House bill contained another provision (sec. 767) that
would require the Secretary of Defense to establish graduate
degree-granting programs in counseling and social work at the
Uniformed Services University of the Health Sciences (USUHS)
and to expand the clinical psychology graduate program at
USUHS.
The Senate amendment contained a provision (sec. 746) that
would require the Secretary of Defense to carry out a 10-year
pilot program to provide: (1) Scholarships to individuals
enrolled in graduate programs leading to degrees in clinical
psychology, social work, counseling, or a related field; and
(2) Student loan repayment assistance to credentialed providers
in these fields.
The Senate amendment also contained a provision (sec. 752)
that would require the Secretary of Defense to conduct an
analysis of the behavioral health workforce in the direct care
component of the military health system.
The agreement includes the House provisions with an
amendment that would require the Secretary of Defense to
conduct a study on: (1) The feasibility and advisability of
establishing graduate degree-granting programs in counseling
and social work at USUHS; and (2) Expanding the clinical
psychology graduate program of USUHS. The Secretary would be
required to submit a report on the findings of this study to
the Committees on Armed Services of the Senate and the House of
Representatives not later than 1 year after the date of the
enactment of this Act. The amendment would also require the
Secretary to conduct a 10-year pilot program under which the
Secretary may provide: (1) Scholarships to individuals enrolled
in graduate programs leading to degrees in clinical psychology,
social work, counseling, or a related field; and (2) Student
loan repayment assistance to credentialed providers in these
fields. The Secretary would be required, not later than 1 year
after the date of the enactment of this Act, to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan for the implementation of this pilot
program. The Secretary would also be required to submit reports
on the pilot program 1 year and 5 years after the commencement
of the pilot program. Finally, the amendment would require the
Secretary to conduct an analysis of the behavioral health
workforce under the direct care component of the military
health system and, not later than 180 days after the date of
the enactment of this Act, to submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing the results of the analysis. Not later than 1
year after submission of this report, the Secretary would be
required to submit to these same committees a plan to address
any shortfalls in the behavioral health workforce identified in
the analysis.
Sec. 738--Certification program in provision of mental health services
to members of the Armed Forces and military families
The House bill contained a provision (sec. 773) that would
require the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and the President of the
Uniformed Services University of the Health Sciences (USUHS),
to 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 to address the unique mental health needs of
servicemembers, veterans, and their families.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, in
consultation with the President of USUHS, to 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.
Sec. 739--Standardization of policies relating to service in Armed
Forces by individuals diagnosed with HBV
The House bill contained a provision (sec. 772) that would
require the Secretary of Defense, in coordination with the
Secretaries concerned, as defined in section 101 of title 10,
United States Code, to: (1) Review regulations, establish
policies, and issue guidance relating to servicemembers
diagnosed with HBV; (2) Conduct a review of the education,
training, and resources furnished to such servicemembers
regarding regulations and policies; and (3) Provide education,
training, resources, and support on enlistments, assignments,
deployments, retention standards, and health care services
available to servicemembers diagnosed with HBV.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, in
coordination with the Secretaries concerned, as defined in
section 101 of title 10, United States Code, to review
regulations, establish policies, and issue guidance relating to
servicemembers diagnosed with HBV and to identify areas where
regulations, policies, and guidance may be standardized across
the Armed Forces.
Sec. 740--Suicide cluster: standardized definition for use by
Department of Defense; congressional notification
The House bill contained a provision (sec. 779) that would
require the Secretary of Defense, in consultation with the
Secretaries concerned, as defined by section 101 of title 10,
United States Code, to develop and use a standardized
definition for the term ``suicide cluster'' within 1 year of
the date of the enactment of this Act. The provision would
require the Secretary to notify the appropriate congressional
committees, as defined in the provision, whenever a suicide
cluster occurs. Finally, the provision would require the
Secretary to brief such committees, not later than April 1,
2023, on the development of the definition for ``suicide
cluster'' and to provide an estimated timeline for
implementation.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 741--Limitation on reduction of military medical manning end
strength: certification requirement and other reforms
The House bill contained a provision (sec. 780) that would
prohibit the Secretary of Defense and the Secretaries of the
military departments from realigning or reducing military
medical end strength authorizations for 3 years and until a
report on the composition of the military medical workforce
requirements is submitted to the Committees on Armed Services
of the Senate and the House of Representatives.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would prohibit the Secretary of Defense and the
Secretaries of the military departments from reducing military
medical end strength authorizations during the 5-year period
beginning on the date of enactment of this Act and would
prohibit the Secretary from implementing the plan for
restructuring or realigning of military treatment facilities
until the later of the date that is 1 year after the date of
enactment of this Act or the date on which the Secretary
completes a risk analysis for the realignment or restructuring
of each military treatment facility.
Sec. 742--Feasibility study on establishment of Department of Defense
internship programs relating to civilian behavioral health
providers
The House bill contained a provision (sec. 769) that would
require the Secretary of Defense to establish paid pre-doctoral
and post-doctoral internship programs to train clinical
psychologists to work as behavioral health providers at a
military medical treatment facility (MTF).
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary to conduct a study
on the feasibility of establishing paid pre-doctoral and post-
doctoral internship programs to train clinical psychologists to
work as behavioral health providers at a MTF. The Secretary
would submit a report to the Committees on Armed Services of
the Senate and the House of Representatives containing the
findings of the study within 1 year of the date of the
enactment of this Act.
Sec. 743--Updates to prior feasibility studies on establishment of new
command on defense health
The House bill contained a provision (sec. 742) that would
require the Secretary of Defense to conduct a feasibility study
on the establishment of a new defense health command under
which the Defense Health Agency would be a joint component.
The Senate amendment contained a similar provision (sec.
721).
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to update
prior studies regarding the feasibility of establishing a new
defense health command under which the Defense Health Agency
would be a joint component. The provision would require the
Secretary to provide to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 180
days after the date of enactment of this Act, a briefing on the
method by which the Secretary intends to update prior studies,
and a final briefing and report to these same committees not
later than 1 year after the date of enactment of this Act.
Sec. 744--Capability assessment and action plan with respect to effects
of exposure to open burn pits and other environmental hazards
The Senate amendment contained a provision (sec. 749) that
would require the Secretary of Defense, not later than 180 days
after the date of the enactment of this Act, to conduct a
capability assessment of potential improvements to activities
of the Department of Defense to reduce the effects of
environmental exposures to servicemembers and to develop an
action plan to implement such improvements. The Secretary would
be required to submit a report and action plan to the
Committees on Armed Services of the Senate and the House of
Representatives not later than 240 days after the date of the
enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary to provide a
briefing instead of a report to the same committees during the
same timeframe.
Sec. 745--Kyle Mullen Navy Seal medical training review
The House bill contained a provision (sec. 758) that would
require the Secretary of Defense or his designee to Naval
Special Warfare Command to conduct an appraisal of and provide
recommended policies for improved medical care and oversight of
individuals in the Navy engaged in high-stress training
environments, in an effort to ensure sailor safety and prevent
related long-term injury, illness, and death. The Secretary of
the Navy shall ensure that such recommended policies are
implemented to the full extent practicable and in a timely
manner.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Inspector General of the
Department of Defense (DOD IG) to 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. The
provision would require the DOD IG to provide a briefing, not
later than March 1, 2023, to the Committees on Armed Services
of the Senate and the House of Representatives, on how the DOD
IG plans to conduct the review, and a final report on the
review to the same committees not later than 1 year after the
date of enactment of this Act.
Sec. 746--Reports on composition of medical personnel of each military
department and related matters
The House bill contained a provision (sec. 744) that would
require the Secretary of Defense to submit an annual report on
the composition of the medical personnel of each military
department.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 747--Report on effects of low recruitment and retention on
operational tempo and physical and mental health of members of
the Armed Forces
The House bill contained a provision (sec. 759) that would
require the Secretary of Defense to submit to the congressional
defense committees a report on the current operational tempo
resulting from low recruitment and retention in the Armed
Forces and the resulting effects on the physical and mental
health of members of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would specify certain matters to be addressed in
the report, limit the recipients of the report to the
Committees on Armed Services of the Senate and the House of
Representatives, and set a report deadline of 1 year from the
date of enactment of this Act.
Sec. 748--Guidance for addressing healthy relationships and intimate
partner violence through TRICARE program
The House bill contained a provision (sec. 791) that would
require the Secretary of Defense to disseminate guidance on:
(1) The provision through the TRICARE Program of universal
education on healthy relationships and intimate partner
violence; and (2) Implementation of protocols through the
TRICARE Program for routine assessment of intimate partner
violence and sexual assault and promotion and strategies for
trauma-informed care plans.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 1 year
after the date of enactment of this Act, on the implementation
of this provision.
Sec. 749--Briefing on suicide prevention reforms for members of the
Armed Forces
The Senate amendment contained a provision (sec. 751) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, a report on the
feasibility and advisability of implementing certain reforms
related to suicide prevention among members of the Armed
Forces.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary to provide a
briefing to the same committees and add a requirement for the
Secretary to submit any recommendations for legislation
necessary for suicide prevention reform.
LEGISLATIVE PROVISIONS NOT ADOPTED
Clarification of coverage of artificial reproductive services for
certain TRICARE beneficiaries
The House bill contained a provision (sec. 701) that would
amend section 1074(c)(4) of title 10, United States Code, to
clarify coverage of artificial reproductive services for
certain servicemembers.
The Senate agreement contained no similar provision.
The agreement does not include this provision.
We note that the TRICARE basic medical program covers
infertility diagnosis and treatment for correction of a
naturally occurring cause of infertility. Assisted reproductive
technologies and services are available at certain military
medical treatment facilities, but all costs are borne by the
beneficiary since non-coital reproductive services are excluded
by TRICARE regulation. Additionally, since 2012, the Department
of Defense has provided in-vitro fertilization benefits to
seriously or severely ill or injured Active-Duty
servicemembers.
Clarification of coverage of certain areolar nipple tattooing
procedures under TRICARE program
The House bill contained a provision (sec. 702) that would
amend section 1079(a)(11)(A) of title 10, United States Code,
to clarify TRICARE coverage for areolar nipple tattooing
procedures following breast reconstruction surgery.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that TRICARE currently provides comprehensive post-
mastectomy breast reconstruction that includes mound
reconstruction, nipple-areola reconstruction, and nipple/
areolar tattooing.
Temporary requirement for contraception coverage parity under the
TRICARE program
The House bill contained a provision (sec. 705) that would
require the Secretary of Defense to ensure, during the 1-year
period beginning on the date that is 30 days after the date of
the enactment of this Act, a prohibition on the imposition or
collection of cost-sharing for prescription contraceptives on
the uniform formulary and provided in either TRICARE's retail
pharmacy network or mail order pharmacy program. Additionally,
the provision would prohibit cost-sharing by eligible covered
beneficiaries for any method of contraception approved by the
Food and Drug Administration and provided by a network provider
in either the TRICARE Select or Prime programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Rates of reimbursement for providers of applied behavior analysis
The House bill contained a provision (sec. 706) that would
require the Secretary of Defense to ensure that reimbursement
rates for applied behavioral analysis providers, during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2023, are not less than such rates in
effect on April 30, 2022.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 737 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
required the Secretary of Defense to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine (NASEM) to conduct an independent review of the
Department of Defense Comprehensive Autism Care Demonstration
program. Therefore, we believe it is premature to enact
legislation that would make changes to the demonstration
program before we receive NASEM's report.
Medical testing and related services for firefighters of Department of
Defense
The House bill contained a provision (sec. 707) that would
require the Secretary of Defense to provide firefighters with
no-cost medical testing and related services to detect,
document, and prevent certain cancers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge the important role that military and
civilian firefighters play to provide for the welfare of all
persons on military installations, and we encourage the
Department of Defense to ensure that all firefighters can work
and train in safe environments. We direct the Secretary to
brief the Committees on Armed Services of the Senate and the
House of Representatives, not later than March 1, 2023, on the
availability of annual health assessments for firefighters
serving on military installations to include civilian
firefighters who may get their assessments in the private
sector through the Federal Employees Health Benefits Program.
Improvements relating to Medical Officer of the Marine Corps position
The House bill contained a provision (sec. 726) that would
amend Chapter 806 of title 10, United States Code, to make
certain improvements relating to the Medical Officer of the
Marine Corps position.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Requirement to establish academic health system
The Senate amendment contained a provision (sec. 727) that
would amend section 2113b(a) of title 10, United States Code,
to require the Secretary of Defense to establish an academic
health system in the National Capital Region to integrate the
health care, health professions education, and health research
activities of the military health system in that region.
The House bill contained no similar provision.
The agreement does not include this provision.
Adherence to policies relating to mild traumatic brain injury and post-
traumatic stress disorder
The Senate amendment contained a provision (sec. 728) that
would require the Secretary of Defense to direct the
Secretaries of the Navy and the Air Force to address
inconsistencies among the policies of the Department of Defense
(DOD), the Department of the Navy, and the Department of the
Air Force relating to the training of servicemembers on the
identification of symptoms of mild traumatic brain injury (TBI)
and to ensure that each Secretary monitors adherence to DOD's
policies relating to TBI and post-traumatic stress disorder.
The House bill contained no similar provision.
The agreement does not include this provision.
Incentive payments for retention of certain behavioral health providers
The House bill contained a provision (sec. 729) that would
require the Secretary of Defense to increase the use of
incentive payments paid to clinical psychologists, social
workers, and counselors with priority for such payments given
to individuals stationed at remote installations or at
installations with higher-than-average turnover of behavioral
health providers. The Secretary would submit a report, not
later than February 1 of calendar years 2023 through 2026, to
the congressional defense committees.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretaries of the military departments to
provide a briefing, not later than February 1, 2023, to the
Committees on Armed Services of the Senate and the House of
Representatives on their use of special and incentive pay
authorities to recruit and retain behavioral health providers.
Clarification of license portability for health care providers
providing services under Reserve Health Readiness program
The House bill contained a provision (sec. 730) that would
clarify license portability under section 1094(d) of title 10,
United States Code, for health care providers providing
services under the Reserve Health Readiness Program (or any
successor program) of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Policy of Defense Health Agency on expanded recognition of board
certifications for physicians
The House bill contained a provision (sec. 731) that would
require the Director of the Defense Health Agency (DHA) to
revise policy relating to credentialing and privileging of
physicians to expand the recognition of physician board
certifications.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Director of the DHA to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the policies
and procedures for credentialing and privileging physicians in
the direct care component of the military health system. The
briefing shall include a description of how a physician's board
certification status may be considered when making
credentialing and privileging determinations in military
medical treatment facilities.
Sleep apnea screening
The House bill contained a provision (sec. 732) that would
require the Assistant Secretary of Defense for Health Affairs
to provide a plan to the congressional defense committees for a
pilot program to screen for obstructive sleep apnea (OSA) among
officer accession program candidates.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We received a briefing from the Department of Defense (DOD)
on sleep apnea waivers for military accessions in response to a
report requirement in the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283). Over a 5-year period (2014-2018), the DOD reviewed the
records of more than a million recruit applicants, and only 48
individuals were disqualified from service for a sleep-related
breathing disorder during that period. Moreover, 21 of these 48
individuals requested a medical accession waiver, with nine
applicants' waivers approved, and each of them were accessed
into a military service. These data do not suggest a need to
conduct a pilot program to screen for OSA in military recruits
or officer accession candidates. Additionally, we note that the
American Academy of Sleep Medicine's clinical practice
guidelines recommend polysomnography or home sleep apnea
testing for the diagnosis of OSA only in adults presenting with
signs and symptoms indicating moderate to severe disease.
Demonstration project on infant and early childhood mental health
services for children of members of the Armed Forces
The House bill contained a provision (sec. 733) that would
require the Secretary of Defense to conduct an assessment of
the availability of a covered educational or treatment service
or any other medical or non-medical service relating to the
improvement of infant and early childhood mental health. The
provision would require the Secretary to conduct one or more
demonstration projects to test and evaluate the provision of
such covered services to children of servicemembers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than May 1, 2023, on the
availability and adequacy of mental health services for covered
children with infant and early childhood mental health needs.
The briefing shall also include an accounting of the number of
mental health providers in the direct and purchased care
components of the military health system that are certified or
endorsed to provide early childhood mental health services.
Improvements to military medical treatment facilities and other
facilities under military health system
The House bill contained a provision (sec. 735) that would
require the Secretary of Defense to conduct a study on any
deficiencies of, and necessary improvements to, military
medical treatment facilities and other covered facilities, to
ensure the design, construction, and maintenance of such
facilities are in compliance with each covered code,
specification, and standard.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Affiliates Sharing Pilot Program
The House bill contained a provision (sec. 737) that would
amend section 5318(g)(8)(B)(iii) of title 31, United States
Code, by striking ``3 years after the date of enactment of this
paragraph'' and inserting ``3 years after the date that the
Secretary of the Treasury issues rules pursuant to subparagraph
(A)''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Housing first report
The House bill contained a provision (sec. 738) that would
require the Secretary of Housing and Urban development to
submit to the Financial Services Committee of the House of
Representatives and the Banking, Housing, and Urban Affairs
Committee of the Senate a report about the effectiveness and
success of housing first policies in addressing homelessness by
connecting homeless individuals with housing and voluntary
services not later than 180 days after the date of enactment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Three-year extension of authority to continue Department of Defense-
Veterans Affairs Health Care Sharing Incentive Fund
The Senate amendment contained a provision (sec. 741) that
would amend section 8111(d)(3) of title 38, United States Code,
to provide a 3-year extension of the authority to continue the
Department of Defense-Veterans Affairs health care sharing
incentive fund.
The House bill contained no similar provision.
The agreement does not include this provision.
This provision has already been enacted in section 103 of
division E of the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023 (Public Law 117-180).
Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund
The Senate amendment contained a provision (sec. 742) that
would amend section 1704(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84), as
most recently amended by section 715 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), to
extend the authority for the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund from September 30, 2023, to September 30, 2024.
The House bill contained no similar provision.
The agreement does not include this provision.
This provision has already been enacted in section 104 of
division E of the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023 (Public Law 117-180).
Study and awareness initiative regarding use of qualified alternative
therapies to treat certain members of the Armed Forces on
terminal leave
The House bill contained a provision (sec. 743) that would
require the Secretary of Defense to conduct a study on the use
of qualified alternative therapies, as defined, as alternative
therapies to prescription opioids in the treatment of
servicemembers on terminal leave. Study participants would be
servicemembers diagnosed with post-traumatic stress disorder
(PTSD), traumatic brain injury (TBI), or any other condition
causing severe pain. The provision would require the Secretary
to monitor such participants at prescribed intervals following
completion of the study and to submit periodic reports on the
results of monitoring to the congressional defense committees.
Additionally, the provision would require the Secretary to
submit a report, within 1 year of the date of the enactment of
this Act, to the appropriate congressional defense committees,
as defined, on the findings of the study. The House bill
contained another provision (sec. 782) that would require the
Secretary of Defense to carry out a program to award grants to
eligible entities, as defined, to conduct research on the
treatment of Active-Duty servicemembers with post-traumatic
stress disorder using certain psychedelic substances.
The Senate amendment contained no similar provisions.
The agreement does not include these provisions.
We direct the Secretary of Defense to provide a briefing,
not later than March 1, 2023, on the feasibility and
advisability of conducting a study on the use of certain
pharmacologic or potential plant-based therapies as
alternatives to prescription opioids for the treatment of PTSD,
TBI, or chronic pain. The briefing shall include a description
of: (1) The types of therapies that could be included in the
study; (2) The quantitative and qualitative methodologies that
could be used to assess the efficacy and effectiveness of such
therapies; (3) The proposed duration of a study; (4) The
estimated cost of a study; and (5) Whether the Department of
Defense could monitor study participants while the participants
are on terminal leave after such participants have transitioned
from military service to veteran status.
Report on feasibility of certain licensing models for Department of
Defense-owned vaccines and other medical interventions relating
to COVID-19
The House bill contained a provision (sec. 746) that would
require the Secretary of Defense to submit to the congressional
defense committees a report on the feasibility of a licensing
model under which the Secretary would grant to Government-owned
contactor-operated manufacturers nonexclusive licenses to
manufacture certain vaccines or other interventions relating to
COVID-19.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to submit a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives by February 1, 2024, on the feasibility of
development of a licensing model under which, with respect to
Department of Defense-owned vaccines or therapeutic agents
relating to COVID-19 that are approved, licensed, or otherwise
authorized for use in accordance with applicable law and for
which the Department of Defense holds title to the underlying
patents and applications or licenses, the Secretary could grant
to manufacturers nonexclusive licenses to manufacture such
vaccines or other therapeutic agents. The briefing shall
evaluate: (1) The potential differences in the pricing of, and
access to, vaccines and therapeutic agents that may arise from
the Secretary granting exclusive licenses to manufacture such
vaccines and agents, as compared with nonexclusive licenses;
and (2) The effect of the Secretary granting such licenses to
Government-owned contractor-operated manufacturers if such
manufacturers exist, as compared with other manufacturers.
Study on the impact of military trauma and intimate partner violence on
maternal health outcomes
The House bill contained a provision (sec. 747) that would
require the Secretary of Defense to carry out a study and to
provide a report to Congress on the impact of military trauma
and domestic violence on maternal health outcomes with a focus
on racial and ethnic backgrounds.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The Senate amendment contained a provision (sec. 747) that
would amend section 746 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) to expand eligibility for the extra-medical
maternal health providers demonstration project to include
Active-Duty servicemembers and other individuals receiving care
at military medical treatment facilities.
The House bill contained no similar provision.
The agreement does not include this provision.
Report on coverage of behavioral and mental health crisis services
under TRICARE program
The House bill contained a provision (sec. 748) that would
require the Secretary of Defense to submit a report to the
congressional defense committees, within 180 days of the date
of the enactment of this Act, on the scope of TRICARE coverage
of inpatient and outpatient behavioral and mental health crisis
services.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Director of the Defense Health Agency to
brief the Committees on Armed Services of the Senate and the
House of Representatives, not later than March 1, 2023, on the
scope of coverage for inpatient and outpatient mental health
crisis services under the TRICARE program and to provide a
comparison of such coverage with best practices published by
the Substance Abuse and Mental Health Administration, an agency
within the Department of Health and Human Services.
Report on mental health provider readiness designations
The House bill contained a provision (sec. 749) that would
require the Secretary of Defense to update the registry and
provider lists under subsection (b) of section 717 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) and to submit a report to the congressional defense
committees within 90 days of the date of the enactment of this
Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study on provider training gaps with respect to screening and treatment
of maternal mental health conditions
The House bill contained a provision (sec. 750) that would
require the Secretary of Defense, acting through the Assistant
Secretary of Defense for Health Affairs, to conduct a study to
identify gaps in training of maternal health care or behavioral
health care providers in the military health system with
respect to screening and treatment of maternal mental health
conditions and to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives within
1 year of the date of the enactment of this Act. The House bill
contained another provision (sec. 759A) that would require the
Secretary of Defense to submit a report to the congressional
defense committees, within the same time period, describing how
maternal mortality rates of female servicemembers compare with
such rates among female civilians.
The Senate amendment contained no similar provisions.
The agreement does not include these provisions.
In August 2022, we received a report from the Department of
Defense in response to the Senate report accompanying S. 2792
(S. Rept. 117-39) of the National Defense Authorization Act for
Fiscal Year 2022, that demonstrated the consistent high quality
of peri-natal health care services provided in the direct care
component of the military health system. According to the
report, the pregnancy-related mortality ratio in such component
was 2.91 deaths per 100,000 live births as compared to 23.80
deaths per 100,000 live births in civilian hospitals.
Furthermore, we note that the military health system
collaborates with external organizations, such as the Leapfrog
Group, to adopt leading practices to decrease maternal
mortality further. We commend the providers in the military
health system for their efforts to prevent pregnancy-related
mortality, and we encourage them to continue promotion of
innovative practices to assess and treat maternal mental health
conditions and to prevent maternal mortality.
Report on mental health conditions and metabolic disease among certain
members of Armed Forces
The House bill contained a provision (sec. 751) that would
require the Secretary of Defense to conduct a study on the rate
of incidence of metabolic disease and mental health conditions
among Active-Duty servicemembers and to submit a report to
Congress within 1 year of the date of the enactment of this
Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Health-related behaviors survey and report
The House bill contained a provision (sec. 753) that would
require the Director of the Defense Health Agency to conduct a
health-related behaviors survey among servicemembers and to
submit a report on the results of the survey to the Committees
on Armed Services of the Senate and the House of
Representatives within 1 year of the date of the enactment of
this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the RAND Corporation conducts the health-
related behaviors survey for the Department of Defense. RAND
will field a new survey in calendar year 2023, and we
anticipate that the survey results may be available later that
year.
Report on coordination, data sharing, and evaluation efforts for
suicide prevention
The House bill contained a provision (sec. 754) that would
require the Secretary of Defense, in coordination with the
Secretaries of Health and Human Services and Veterans Affairs
to submit a report on the coordination, data sharing, and
evaluation efforts of suicide prevention efforts across their
departments. The Secretaries would submit their report to their
congressional committees of jurisdiction within 120 days of the
date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We are aware of the commendable work being done by the
Interagency Task Force on Military and Veterans Mental Health,
a collaborative effort across the Departments of Defense,
Veterans Affairs, and Health and Human Services established by
Executive Order in 2012. We note that the Task Force provides
an annual review of agency actions to prevent suicides, and we
encourage the Task Force to continue: (1) Advancing suicide
prevention infrastructure and training across agencies; (2)
Collecting data for joint clinical and outcome measures to
track behavioral health service use and outcomes; and (3)
Building and enhancing community partnerships. We direct the
Secretary of Defense to brief the Committees on Armed Services
of the Senate and the House of Representatives, not later than
March 1, 2023, on the Department's role in the Task Force.
Government Accountability Office study on Department of Defense and
Veterans Affairs mammogram and breast cancer screening policies
The House bill contained a provision (sec. 755) that would
require the Comptroller General of the United States to conduct
a review, beginning within 90 days of the date of the enactment
of this Act, to examine and determine whether the current
policies of the Departments of Defense and Veterans Affairs
provide individuals with dense breast tissue, regardless of the
age of the individual, with low-cost access to screening and
diagnostic tools to diagnose breast cancer.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, that describes
the availability of evidence-based screening and diagnostic
tools available in the military health system to diagnose
breast cancer, including cancer that may arise in dense breast
tissue. The briefing shall include a description of any cost
shares that eligible beneficiaries may have for such screening
and diagnostic tools under the TRICARE program.
Study and report on rate of cancer-related morbidity and mortality
The House bill contained a provision (sec. 756) that would
require the Secretary of Defense or a contracted federally
funded research and development center to conduct a study to
assess whether individuals assigned to Pease Air Force Base and
Pease Air National Guard Base for a significant time, as
defined by the Secretary, from 1970 through 2020, experience
higher-than-expected rates of morbidity or mortality from
cancer as a result of time spent at such bases. The Secretary
would provide a report on the results of the study to the
Committees on Armed Services of the Senate and the House of
Representatives within 1 year of the date of the enactment of
this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Government Accountability Office study on access to Exceptional Family
Member program and Extended Care Health Option program by
members of reserve components
The House bill contained a provision (sec. 757) that would
require the Comptroller General of the United States to conduct
a study on barriers that reserve component members may have
accessing the Extended Health Option Program and the
Exceptional Family Member Program of the Department of Defense
and to submit a report to the congressional defense committees
within 180 days of the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives on the eligibility of reserve component members
for such programs and to describe how eligible members may
access the services provided by those programs.
Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances
as component of periodic health assessments
The House bill contained a provision (sec. 761) that would
require the Secretaries of the military departments and the
Secretary of Homeland Security, with respect to matters
concerning the Coast Guard when it is not operating as a
service in the Department of the Navy, to ensure that health
assessments of servicemembers include an evaluation of exposure
to perfluoroalkyl and polyfluoroalkyl substances. The provision
would require the secretaries to provide blood testing, as may
be required, to determine and document exposure to such
substances in members' health records. Finally, the provision
would require the Secretary of Defense to submit a plan to the
Committees on Armed Services of the Senate and the House of
Representatives to track and analyze trends of blood test
results and to provide annual reports to the same committees
that summarize blood testing.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that another section of this bill would require the
Secretary of Defense, not later than 180 days after the date of
the enactment of this Act, to conduct a capability assessment
of potential improvements to activities of the Department of
Defense to reduce the effects of environmental exposures to
servicemembers and to develop an action plan to implement such
improvements. We also note that the Department of Defense is
currently conducting research with the Agency for Toxic
Substances and Disease Registry to establish appropriate
standards to assess the value and appropriateness of blood
testing.
Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances
The House bill contained a provision that would require the
Secretary of Defense to provide mandatory training on the
potential health effects of perfluoroalkyl and polyfluoroalkyl
substances to each medical provider of the Department of
Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Non-medical counseling services for military families
The House bill contained a provision (sec. 763) that would
amend section 1781 of title 10, United States Code, to
authorize licensure or certification portability for mental
health professionals who provide non-medical counseling
services through the Military and Family Life Counseling (MFLC)
Program of the Department of Defense (DOD). The provision would
authorize such professionals to provide services at any
location in a state, the District of Columbia, a commonwealth,
or any territory or possession of the United States without
regard to where the provider or recipient of services is
located as long as the provision of services falls within the
scope of their authorized Federal duties.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge the value and importance of the MFLC Program
to servicemembers and their families, and we encourage the
Department of Defense to work with the State governments to
facilitate licensure portability for health care professionals
serving as contractors in DOD programs.
Improvement to Wounded Warrior Service Dog Program
The House bill contained a provision that would amend
section 745 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) to
authorize the Secretary of Defense to award grants not to
exceed $2.0 million to nonprofit organizations to provide
assistance dogs under the Wounded Warrior Service Dog Program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
The Wounded Warrior Service Dog Program was authorized in
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), and no further
authorization is required for the Secretary to award grants to
nonprofit organizations. We support an increase in funding to
$2.0 million for these grants.
Assignment of behavioral health providers and technicians to aircraft
carriers
The House bill contained a provision (sec. 768) that would
require the Secretary of the Navy to assign at least two
military behavioral health providers and two behavioral health
technicians to each aircraft carrier of the Navy not later than
December 31, 2023.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We are aware that access to behavioral health services may
be inadequate to serve the needs of sailors on certain naval
platforms. We encourage the Secretary of the Navy to assign a
sufficient number of behavioral health providers and
technicians to provide access to mental health care services on
aircraft carriers.
Pilot program on cryopreservation and storage
The House bill contained a provision (sec. 774) that would
require the Secretary of Defense to establish a pilot program
to authorize up to 1000 Active-Duty military personnel to
cryopreserve and store gametes prior to deployment in support
of combat or special operations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Pilot program for participation by members of Selected Reserve in
health professions scholarship and financial assistance
programs
The House bill contained a provision (sec. 775) that would
require the Secretaries of the military departments to carry
out a pilot program that could modify service obligations for
Selected Reserve members under the health professions
scholarship and financial assistance programs of their
departments to authorize satisfaction of the service obligation
by service in the Selected Reserve.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Pilot program on ensuring pharmaceutical supply stability
The House bill contained a provision (sec. 776) that would
require the Secretary of Defense, acting through the Director
of the Defense Logistics Agency (DLA), to establish a pilot
program, not later than January 1, 2024, to acquire, manage,
and replenish a 180-day supply of at least the 30 commonly used
generic drugs at risk of shortage in the military health
system.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the House report accompanying H.R. 4350 (H.
Rept. 117-118) of the National Defense Authorization Act for
Fiscal Year 2022 required the DLA to assess the feasibility of
expanding the Warstopper program for generic pharmaceuticals to
meet all military requirements. The study began in July 2022,
and it will conclude next year. It will not only assess the
feasibility of the Warstopper program expansion, but it will
provide an estimate of the potential cost of expansion and
provide insight on the best supply chain solutions to mitigate
individual pharmaceutical shortages. Additionally, we are aware
that the Government Accountability Office is conducting a
review of the Warstopper program to determine the feasibility
of expansion to ensure medication supply stability for
deploying units, servicemembers, family members, and others
during a public health emergency. We anticipate that the
reports on those studies will be available for us to review
next year.
Grant program for increased cooperation on post-traumatic stress
disorder research between United States and Israel
The House bill contained a provision (sec. 778) that would
require the Secretary of Defense, in coordination with the
Secretary of State, to award grants to eligible entities to
conduct collaborative post-traumatic stress disorder (PTSD)
research between the United States and Israel.
The Senate amendment contained no similar provision.
The amendment does not include this provision.
The Committees on Armed Services of the Senate and the
House of Representatives received a briefing in March 2021 from
the Department of Defense (DOD) highlighting the extensive
military medical research collaboration between Israel and the
United States. We note this long-standing, strong relationship
is exemplified by the Shoresh Meeting, a biennial research
conference led by the U.S. Army and the Israel Defense Force
(IDF) held since 1978. This meeting includes research
discussion and collaboration in the areas of infectious
diseases, PTSD and behavioral health sciences, combat casualty
care, forensic pathology/identification of victims of mass
casualty events, chemical, biological, radiological and nuclear
events, naval and undersea medicine, and physiological stress
and aerospace medicine. We note that DOD and Israel have either
completed or begun 22 collaborative research efforts since 2016
in these research areas with DOD awarding grants to conduct
such research. Additionally, the Uniformed Services University
of the Health Sciences and the IDF have had an academic
agreement since 2016 covering the coordination of scientific
and continuing education programs to include the potential
development of specialized courses of military medical
instruction.
Pilot programs of Defense Health Agency relating to sexual health
The House bill contained a provision (sec. 783) that would
require the Director of the Defense Health Agency to carry out
a 5-year telehealth pilot program for sexual health that would
provide remote assessments of sexual health, comprehensive
contraceptive counseling, diagnosis of medical conditions
affecting sexual health, laboratory diagnostic services, and
prescriptions for contraceptives or pre-exposure prophylactic
medications.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We are aware that many of the requirements in this section
are redundant to services currently provided in military
medical treatment facilities. We direct the Secretary of
Defense to brief the Committees on Armed Services of the Senate
and the House of Representatives, not later than March 1, 2023,
on the full scope of programs and services on sexual health
that may be available to beneficiaries in the military health
system.
Drop boxes on military installations for deposit of unused prescription
drugs
The House bill contained a provision (sec. 784) that would
require the Secretary of Defense to ensure that each military
installation maintains a drop box into which servicemembers and
their family members could deposit unused prescription drugs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense established a drug
take-back program in 2016 that includes take-back drop boxes
and mail-back envelopes. The program meets the regulations
established by the U.S. Drug Enforcement Agency that require
pharmacy personnel to monitor all drop boxes. Additionally, by
regulation, drop boxes can only be available to patients during
pharmacy business hours.
Funding for pancreatic cancer research
The House bill contained a provision (sec. 785) that would
increase the amount of funding for pancreatic cancer research
in the Defense Health Program by $5.0 million.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note a $5.0 million increase for such research in the
budget funding tables of this bill.
Psychological evaluations for members of the Armed Forces returning
from Kabul
The House bill contained a provision (sec. 786) that would
require the Secretary of Defense to provide an initial
psychological evaluation to each servicemember who served at
Hamid Karzai International Airport in Kabul, Afghanistan
between August 15 through August 29, 2021, if they have not
received such evaluation. The provision would require the
Secretary to provide additional evaluations not later than 2
and 5 years after the date of the enactment of this Act.
The Senate agreement contained no similar provision.
The agreement does not include this provision.
We acknowledge that servicemembers engaged in military
operations may experience certain stressors that can lead to
anxiety, depression, and post-traumatic stress disorder, and we
encourage them to seek mental health care, without reservation,
at the earliest possible time. We are aware that servicemembers
engaged in operations in Kabul, Afghanistan in August 2021 have
received psychological health evaluations and treatment as
needed.
Annual review and update of online information relating to suicide
prevention
The House bill contained a provision (sec. 787) that would
require the Secretary of each military department, beginning on
September 30, 2023, and annually thereafter, to review and
update online suicide prevention information and to submit a
certification to the congressional defense committees that such
information is current.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Funding for post-traumatic stress disorder
The House bill contained a provision (sec. 788) that would
increase the amount of funding for post-traumatic stress
disorder in the Defense Health Program by $2.5 million.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note a $2.5 million increase for such research in the
budget funding tables of this bill.
Increased collaboration with National Institutes of Health to combat
triple negative breast cancer
The House bill contained a provision (sec. 789) that would
require the Department of Defense to collaborate with the
National Institutes of Health to identify biomarkers and to
develop targeted therapies for triple negative breast cancer.
The provision would provide funding to the Defense Health
Program for breast cancer research in the amount of $10.0
million.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note a $10.0 million increase for such research in the
budget funding tables of this bill.
Pilot program to improve military readiness through nutrition and
wellness initiatives
The House bill contained a provision (sec. 790) that would
require the Secretary of Defense, in consultation with the
Secretaries of the military departments, to carry out a pilot
program to improve military readiness through nutrition and
wellness initiatives.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge the importance of programs to improve
nutrition and to promote wellness in the military services.
Good health and physical fitness are key components of military
readiness. The military services employ various programs to
promote wellness such as sleep education, weight management and
metabolic testing, exercise testing and exercise prescription,
and stress management and biofeedback. They also provide
nutrition fitness programs. One such program, the ``Go for
Green Initiative'' helps servicemembers find high-performance
foods and drinks to boost fitness, strength, and health. It
educates servicemembers and improves their food environment
through menu coding, standardized food cards, food placement
strategies, and promotion of green-coded, healthy food items.
Screening and registry of individuals with health conditions resulting
from unsafe housing units
The House bill contained a provision (sec. 2816) that would
require the Secretary of Defense to ensure that all military
medical treatment facilities screen eligible individuals for
medical conditions that result from residing in an unsafe
housing unit and authorize the Secretary to establish
procedures that would allow screened individuals to be included
in a registry.
The House bill also contained a provision (sec. 2880) that
would authorize the Secretary of Defense to ensure that all
military medical treatment facilities screen eligible
individuals for medical conditions that result from residing in
an unsafe housing unit and to establish procedures that would
allow screened individuals to be included in a registry.
The Senate amendment contained no similar provision.
The agreement does not include these provisions.
We direct the Secretaries of the military departments to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 180
days after enactment of this Act, on how they monitor the
health of servicemembers and their families who may have
experienced unsafe housing conditions.
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
The House bill contained a provision (sec. 801) that would
authorize the President of the Defense Acquisition University
to establish an award to recognize members of the acquisition
workforce who use an iterative writing process to document a
firsthand account of using independent judgment to overcome an
obstacle the member faced working within the defense
acquisition system.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 802--Task and delivery order contracting for architectural and
engineering services
The Senate amendment contained a provision (sec. 823) that
would amend section 3406 of title 10, United States Code, to
modify how the most highly qualified contractor is selected to
perform architectural and engineering services.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 803--Data requirements for commercial products for major weapon
systems
The House bill contained a provision (sec. 802) that would
amend section 3455 of title 10, United States Code, to grant
the Department of Defense (DOD) authority to obtain data to
support the commercial product determination in certain
circumstances.
The Senate amendment contained a similar provision (sec.
822).
The agreement includes the Senate provision with a
modifying amendment.
We recognize that in order for contracting officers to make
critical, foundational decisions related to contract actions
for firm-fixed price sole source contracts, they need access to
sufficient information to assess commercial item assertions and
price reasonableness determinations. Senate Report 116-48
accompanying S. 1790, the National Defense Authorization Act
for fiscal year 2020, required the Under Secretary of Defense
for Acquisition and Sustainment to submit an annual report
detailing instances where potential contractors have denied
contracting officer requests for uncertified cost or pricing
data to allow for the determination of fair and reasonable
pricing of DOD acquisitions.
We have found these ``data denials'' reports to be
illuminating, and believe the contents of these reports should
be provided to the associated companies to ensure the
leadership of such companies are: (1) Aware they are named in
the report; (2) Have an opportunity to provide amplifying
information to the Department related to such reported
instances; and (3) Take timely corrective actions to address
internal compliance procedures as appropriate. We believe such
transparency can be instrumental to breaking down barriers of
communication between industry and DOD officials at various
levels of responsibility.
Therefore, we direct the Under Secretary of Defense for
Acquisition and Sustainment to continue to submit this annual
report to the congressional defense committees, and to make the
appropriate portions of these reports available to the
leadership of companies named in such reports to enable the
aforementioned actions.
Sec. 804--Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances
The Senate amendment contained a provision (sec. 804) that
would resolve inconsistencies and codify rapid acquisition
authorities from section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314) and
section 804 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 805--Treatment of certain clauses implementing Executive orders
The Senate amendment contained a provision (sec. 821) that
would amend section 3862 of title 10, United States Code, to
clarify that the insertion of a clause implementing a new
requirement mandated by an Executive Order into a Department of
Defense contract vehicle would be considered a Government-
directed change.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 806--Life cycle management and product support
The House bill contained a provision (sec. 804) that would
amend section 4324 of title 10, United States Code, to require
the milestone decision authority to ensure the life cycle
sustainment plan is approved by the product support manager,
program manager, program executive officer, and an appropriate
materiel, logistics, or fleet representative.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
We note that traditionally program sustainment costs have
not been adequately integrated into the up-front acquisition
planning process, though there is data and analysis to
demonstrate that focusing on sustainment early in the
acquisition process can achieve significant programmatic cost
savings. The Government Accountability Office (GAO) has
reported extensively on programs that experience sustainment
cost growth, such as shipbuilding programs and the F-35
program, and made recommendations on how programs can be
operated and maintained affordably while meeting sustainment
requirements. GAO has noted the importance of establishing
connections between life-cycle costs, reliability requirements,
and manpower estimates, as well as emphasized the importance of
developing a business case analysis that addresses tradeoffs
and the associated implications to help programs assess the
costs, benefits, and risks of key acquisition decisions.
We further note the Department of Defense (DOD) has issued
a new policy on product support management (DOD Instruction
5000.91), which states, ``[T]he DOD will conduct comprehensive
product support and sustainment planning for defense systems
across the program's life cycle.'' We therefore direct the
Secretary of Defense to present a briefing to the Committees on
Armed Services of the Senate and the House of Representatives,
not later than March 1, 2023, on demonstrated or anticipated
improvements resulting from implementation of the Department's
policy for optimizing product support planning and execution,
including its ability to enable competition for life cycle
product support, retain core logistics capability through
organic depot maintenance, and make total force management risk
assessments.
Sec. 807--Amendments to contractor employee protections from reprisal
for disclosure of certain information
The House bill contained a provision (sec. 806) that would
amend section 4701 of title 10, United States Code, and section
4712 of title 41, United States Code, by expanding the
applicability to include qualified grantees, subgrantees, and
personal services contractors and by adding the Pandemic
Response Accountability Committee and the Integrity Committee
of the Council of Inspectors General on Integrity and
Efficiency to the list of entities to which a complaint can be
disclosed.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
We note that whistleblowers who lawfully disclose suspected
wrongdoing to an authorized recipient are critical in
protecting the government from fraud, waste, and abuse.
However, whistleblowers risk retaliation for their disclosures,
including possible demotion, reassignment, or termination.
While a whistleblower is generally protected from retaliation
when a disclosure is made to an Office of the Inspector
General, among other authorized recipients, questions have
emerged as to whether those protections apply to disclosures
made to certain entities within the federal inspector general
community. Specifically, the Council of the Inspectors General
on Integrity and Efficiency (CIGIE) identified a concern that
in relation to pandemic relief programs, disclosures to the
Pandemic Response Accountability Committee (PRAC), Special
Inspector General for Pandemic Recovery, and the CIGIE
Integrity Committee may not be clearly covered by existing
whistleblower protections.
Given this ambiguity, we direct the Government
Accountability Office (GAO) to review the extent to which such
protections apply to disclosures to the PRAC, Special Inspector
General for Pandemic Recovery, and the CIGIE Integrity
Committee. This review should also include information and
analysis on the following: (1) The number and disposition of
disclosures received by the PRAC, Special Inspector General for
Pandemic Recovery, and the CIGIE Integrity Committee since
March 2020; and (2) Whether any of the whistleblowers who made
such disclosures have also claimed retaliation and the outcomes
of those claims. We further direct the GAO to brief the
Committees on Armed Services of the Senate and the House of
Representatives on the results of its review not later than 270
days after the enactment of the National Defense Authorization
Act for Fiscal Year 2023.
Sec. 808--Use of fixed-price type contracts for certain major defense
acquisition programs
The House bill contained a provision (sec. 862) that would
amend section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to
limit the number of low-rate initial production lots on a
single contract under certain circumstances, and to provide for
waiver authority.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 809--Acquisition reporting system
The House bill contained a provision (sec. 805) that would
amend section 4351 of title 10, United States Code, to remove
the termination date for the selected acquisition reports.
The Senate amendment contained a similar provision (sec.
805).
The agreement includes the Senate provision with a
clarifying amendment.
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
The Senate amendment contained a provision (sec. 5811) that
would amend section 239c of title 10, United States Code, to
include enhanced reporting on proposed cancellations and
modifications to multiyear contracts in budget justification
materials.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 812--Comptroller General assessment of acquisition programs and
related efforts
The House bill contained a provision (sec. 812) that would
extend the mandate in section 3072 of title 10, United States
Code, ``Comptroller General Assessment of Acquisition Programs
and Initiatives'' from 2023 to 2026, and would make additional
changes to the scope of the assessments.
The Senate amendment contained a similar provision (sec.
808).
The agreement includes the Senate provision.
Sec. 813--Extension of Defense Modernization Account authority
The Senate amendment contained a provision (sec. 802) that
would permanently extend the authority for the Defense
Modernization Account.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 814--Clarification to fixed-price incentive contract references
The House bill contained a provision (sec. 814) that would
correct imprecise use of the term ``fixed-price incentive fee''
contract and replace it with ``fixed-price incentive'', which
is used at subpart 16.204 of the Federal Acquisition Regulation
and throughout Department of Defense policy.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 815--Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions
The Senate amendment contained a provision (sec. 806) that
would streamline the process for submitting a request to carry
out a defense acquisition program using multiyear contract
authority.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 816--Modification of provision relating to determination of
certain activities with unusually hazardous risks
The House bill contained a provision (sec. 815) that would
elevate indemnification authority for certain military
contracts from the Secretaries of the military departments to
the Secretary of Defense.
The Senate amendment contained a provision (sec. 873) that
would extend an existing reporting requirement relating to
unusually hazardous risk and contract indemnification.
The agreement includes the Senate provision.
We remain concerned with the lack of resolution regarding
open indemnification requests related to the Conventional
Prompt Strike program, other weapons programs, and the
associated planned employment platforms. We note these delays
could lead to significant delivery delays for both Navy and
Army hypersonic weapons programs, the next block of Virginia-
class submarines, and other programs.
We are also concerned with inconsistencies across the
military services regarding implementation of section 2354 of
title 10, United States Code, and Executive Order 10789.
Further, we note that the report provided to the congressional
defense committees by the Under Secretary of Defense for
Acquisition and Sustainment did not fully respond to the
requirements of section 1684 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81),
particularly regarding:
(1) A determination of the extent to which each
Service Secretary is implementing section 2354 of title
10, United States Code, and Executive Order 10789
consistently, and;
(2) Identification of discrepancies across the
military departments with respect to such
implementation.
Therefore, we direct the Secretary of Defense to provide a
report to the congressional defense committees not later than
February 28, 2023, that fully responds to these requirements.
Lastly, we direct the Director of Navy Strategic Systems
Programs to brief the congressional defense committees not
later than January 31, 2023, on the status of the
indemnification request for the Conventional Prompt Strike
program.
Sec. 817--Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems
The House bill contained a provision (sec. 819) that would
amend section 848 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained a similar provision (sec.
846).
The agreement includes the House provision with modifying
amendments to clarify the prohibition on contracting with
entities that use covered systems in the executionof Department
of Defense contracts, provide for a 2-year implementation
period, add other countries to the definition of covered
foreign country, and to require the Secretary of Defense to
issue policy implementing a due diligence review and an appeal
process for contractors.
Sec. 818--Extension of pilot program to accelerate contracting and
pricing processes
The House bill contained a provision (sec. 820) that would
extend to January 2, 2024, a pilot program established in
section 890 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) and
amended by section 825 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained a similar provision (sec.
825).
The agreement includes the House provision with a modifying
amendment.
Sec. 819--Extension of pilot program for distribution support and
services for weapons systems contractors
The Senate amendment contained a provision (sec. 824) that
would extend the pilot program established in section 883 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) by 1 year.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 820--Extension and modification of Never Contract with the Enemy
The House bill contained a provision (sec. 821) that would
reauthorize through December 31, 2025, the authorities
established by sections 841-843 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) and renew the requirements for
annual reporting found at section 841(i) and 842(b).
The Senate amendment contained a similar provision (sec.
826).
The agreement includes the House provision.
Sec. 821--Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews
The Senate amendment contained a provision (sec. 506) that
would amend section 847(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) to
repeal the requirement for the Department of Defense Inspector
General to conduct periodic reviews to ensure that written
opinions regarding the applicability of post-employment
restrictions to activities that an official or former official
may undertake on behalf of a contractor are provided and
retained.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 822--Modification of contracts to provide extraordinary relief due
to inflation impacts
The Senate amendment contained a provision (sec. 5812) that
would allow funds to be used to modify the terms and conditions
of a contract or option to provide an economic price
adjustment.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
We recognize that higher than anticipated economic
inflation continues to challenge the budgeting and execution
processes of the Department of Defense and defense industrial
base (DIB). The ability of the Department and DIB to adapt to
economic conditions is a critical factor in maintaining the
health of the DIB, especially when economic conditions are
unusually volatile and in regard to firm fixed price contracts
where industry bears the predominant financial risk.
While it is important for the Department to uphold and
enforce contractual terms and conditions, we believe the
Department should be provided tailored authority to engage
extraordinary measures to address extraordinary economic
impacts. The ability to make informed financial plans and
decisions lies at the heart of competition. When unanticipated
extraordinary economic events disrupt those plans and
decisions, the result can be catastrophic for the DIB,
including economic hardship, bankruptcy, and consolidation.
In order to support a robust DIB, we believe the Department
needs additional temporary authorities to respond to the
effects of recent and current inflation levels. We believe
these authorities coupled with funding to mitigate inflation
impacts will enable the Department to provide a measure of
relief to the DIB where appropriate.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831--Key experiences and enhanced pay authority for acquisition
workforce excellence
The House bill contained a provision (sec. 831) that would
require the Department of Defense to establish rotational
assignments for a certain percentage of the acquisition
workforce through the public-private talent exchange, and amend
section 1701b of title 10, United States Code, to add
Department of Defense Field Activities and Defense Agencies and
allow for up to five positions with enhanced pay.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would establish rotational assignments for up to
250 members of the acquisition workforce through the public-
private talent exchange.
We recognize the value of industry exchanges and encourage
broader use of the authority for Department personnel who
volunteer for the opportunity to experience private sector
service and bring back observations and lessons learned on
management practices, technological expertise, and
organizational agility and flexibility.
In expanding this statutory authority, we encourage the
Under Secretary of Defense for Acquisition and Sustainment (USD
A&S) to consider the recommendations put forth in the Defense
Business Board's 2019 report on reducing barriers to industry-
government personnel exchanges, and provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than April 1, 2023, on progress made
to address them, to include streamlining myriad existing
exchange programs, strengthening civilian talent management,
and proposing legislative changes that might be needed to
modernize rules governing conflicts of interest and post-
employment restrictions to achieve a more permeable workforce
of motivated, diverse, and highly skilled individuals across
the defense ecosystem.
Recognizing the need to balance filling the Department's
acquisition workforce positions with broadening opportunities,
like the public-private talent exchange, we encourage the USD
A&S to request an increase to this statutory authority as
appropriate. Additionally, policies governing such exchange
opportunities should emphasize the career-enhancing and
broadening nature of these exchanges, but should not be
construed to be a requirement in determining promotion
potential.
Sec. 832--Defense Acquisition University reforms
The House bill contained a provision (sec. 832) that would
amend section 1746 of title 10, United States Code, to replace
the requirement for full-time visiting professors from civilian
colleges or universities with an expectation that the Secretary
of Defense will ensure the Defense Acquisition University (DAU)
collaborates with the acquisition research activities
established under section 2361a of title 10, United States
Code, and to direct the Under Secretary of Defense for
Acquisition and Sustainment to appoint the president of the DAU
by evaluating certain factors.
The Senate amendment contained no similar provision.
The agreement includes the House provision with modifying
amendments.
Sec. 833--Modifications to Defense Civilian Training Corps
The House bill contained a provision (sec. 833) that would
identify sources of expertise and collaboration for the Defense
Civilian Training Corps.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
We recognize there are existing and expansive partnerships
between the Department of Defense and academia that can be
leveraged to ensure successful implementation of the Defense
Civilian Training Corps (DCTC). Distinguishable from the
Science, Mathematics, and Research for Transformation (SMART)
Scholarship for Service program, which provides degree funding
and a limited work commitment to science, technology,
engineering and mathematics (STEM) students who conduct complex
research to further the defense mission, DCTC is modeled on the
Senior Reserve Officer Training Corps (SROTC), which was
established in 1916 to ensure preparedness and develop military
leadership to respond to a changing world. Today, the
Department must recruit and retain leaders who can meet the
challenges of managing strategic investment in the industrial
base and increase innovation within the defense ecosystem.
These leaders must represent a digitally literate acquisition
workforce capable of collaborating across disciplines and with
the private sector to partner with STEM professionals on
emerging technology initiatives.
Therefore, the Acquisition Innovation Research Center,
which engages the talents of faculty, students, and researchers
from a broad, interdisciplinary network of collaborative
universities, should serve a leading role in developing and
deploying an SROTC-like curriculum designed to train future
civilian leaders to employ evidence-based, data-driven
decision-making to improve defense acquisition outcomes. We
further encourage the Under Secretary of Defense for
Acquisition and Sustainment to seek insight from and
collaborate with the Under Secretary of Defense for Personnel
and Readiness and the Under Secretary of Defense for Research
and Engineering (to include the Strategic Engagements Director
of the National Security Innovation Network), the Chief Digital
and Artificial Intelligence Officer, and the commanders of the
SROTC commands for each service.
Sec. 834--Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses
The House bill contained a provision (sec. 835) that would
require training curricula to educate the Department of Defense
acquisition community about the details of business models and
revenue incentives of software-first commercial, startup, and
nontraditional companies that may be able to offer solutions to
the Department.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make recommendations on applicable
curricula, which might include modification or adoption of
existing curricula from other sources, as well as the
identification of existing Department of Defense conferences
that might be expanded to include opportunities for engagement
by participants in these training opportunities.
Sec. 835--Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals
The House bill contained a provision (sec. 843) that would
require the President of the Defense Acquisition University to
develop training curricula related to software acquisitions and
cybersecurity software or hardware acquisitions to increase
digital literacy within the acquisition workforce.
The Senate amendment contained no similar provision.
The agreement includes the House provision with modifying
amendments.
Sec. 836--Department of Defense national imperative for industrial
skills program
The House bill contained a provision (sec. 865) that would
require the Secretary of Defense to evaluate and further
develop workforce development training programs to train
skilled industrial workers needed in the defense industrial
base through the Department of Defense National Imperative for
Industrial Skills Program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841--Guidelines and resources on the acquisition or licensing of
intellectual property
The House bill contained a provision (sec. 823) that would
require the Secretary of Defense to develop guidelines and
resources on the acquisition or licensing of intellectual
property.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 842--Modification of authority of the Department of Defense to
carry out certain prototype projects
The House bill contained a provision (sec. 817) that would
amend section 4022 of title 10, United States Code, to clarify
that the authority for noncompetitive follow-on awards includes
transactions for prototypes even where notification was not
explicitly provided within the original request for proposals,
if other requirements are met.
The Senate amendment contained a similar provision (sec.
214).
The agreement includes the Senate provision with a
modifying amendment.
Sec. 843--Other transaction authority clarification
The House bill contained a provision (sec. 845) that would
amend section 4022 of title 10, United States Code, by striking
``military personnel and the supporting'' and inserting
``personnel of the Department of Defense or improving'' and by
striking ``or materials in use'' and inserting ``materials, or
installations in use''.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify a definition, as well as create a
3-year pilot authority to use other transactions for
installation or facility prototyping. The list of prototype
project types at subparagraph (e)(5) is not meant to be
restrictive, and should not be read to change the intent or
purpose of the glossary entry in the Department of Defense
Other Transaction Guide. To make the best use of the authority
in this section, we strongly encourage the Department to invest
in continuous and experiential education for management,
technical, and contracting personnel, as well as attorneys, to
understand how to effectively and innovatively use other
transaction authority and explore flexible means to achieve
mission results more quickly and with more value added.
Sec. 844--Prizes for advanced technology achievements
The House bill contained a provision (sec. 841) that would
expand authority to award prizes to recognize innovative
program management practices, as assessed and reported by the
responsible senior leaders in the Department of Defense, that
result in more rapid and efficient delivery of technology to
the warfighter.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 845--Congressional notification for pilot program to accelerate
the procurement and fielding of innovative technologies
The House bill contained a provision (sec. 842) that would
amend section 834 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) in order to require the
Secretary of Defense to provide notification within 30 days
after funding has been provided for a proposal selected for an
award under the pilot program established under that section.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 846--Report on software delivery times
The House bill contained a provision (sec. 844) that would
direct the Under Secretary of Defense for Acquisition and
Sustainment to report the actual software delivery times for
efforts using incremental software development. The report
would categorize incremental deliveries times. If a delivery
was not made within 12 months, the report would require an
explanation.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the scope of the reporting
requirement.
Subtitle E--Industrial Base Matters
Sec. 851--Modification to the national technology and industrial base
The House bill contained a provision (sec. 859G) that would
amend section 4801(1) of title 10, United States Code, and
require the Secretary of Defense to submit a report on the
integration of the national technology and industrial base.
The Senate amendment contained a provision (sec. 845) that
would add New Zealand to the participants of the national
technology and industrial base.
The agreement includes the Senate provision.
Sec. 852--Modification to miscellaneous limitations on the procurement
of goods other than United States goods
The Senate amendment contained a provision (sec. 842) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to conduct periodic reviews of certain items
included in section 4864 of title 10, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 853--Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships
The House bill contained a provision (sec. 818) that would
require certain components on certain naval vessels and
auxiliary ships to be manufactured in the national technology
and industrial base.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the
Department of Defense's implementation plans for this section.
Sec. 854--Modifications to the procurement technical assistance program
The House bill contained a provision (sec. 851) that would
amend sections 4954, 4955, and 4561 of title 10, United States
Code, to recognize Procurement Technical Assistance Centers
(PTACs) and instruct the Secretary of Defense to coordinate
with an association of eligible PTACs on matters of common
interest to the program, as well as make certain other
essential changes to the Procurement Technical Assistance
Program.
The Senate amendment contained a similar provision (sec.
865).
The agreement includes the House provision with a
clarifying amendment.
Sec. 855--Codification of prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region
The House bill contained a provision (sec. 853) that would
extend the prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region under section 848 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81).
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 856--Codification of the Department of Defense Mentor--Protege
Program
The House bill contained a provision (sec. 854) that would
codify, make permanent, and make certain revisions to the
Department of Defense Mentor-Protege Program.
The Senate amendment contained a similar provision (sec.
862).
The agreement includes the House provision with several
technical updates, as well as the establishment of a 5-year
pilot program under which a protege firm may receive up to 25
percent of the reimbursement for which the mentor firm of such
protege firm is eligible under the Mentor-Protege Program for
engineering, software development, or manufacturing
customization that the protege firm must perform for a
technology solution of the protege firm to be ready for
integration with programs or systems of the Department of
Defense.
Sec. 857--Procurement requirements relating to rare earth elements and
strategic and critical materials
The House bill contained a provision (sec. 1414) that would
provide acquisition authority for certain strategic and
critical minerals, require contractors to disclose the
provenance of certain permanent magnet components, and provide
for oversight by the Comptroller General of the United States.
The Senate amendment contained a similar provision (sec.
844).
The agreement includes the Senate provision with clarifying
amendments.
Sec. 858--Analyses of certain activities for action to address sourcing
and industrial capacity
The Senate amendment contained a provision (sec. 841) that
would require the Secretary of Defense to review certain goods
and services and make a determination regarding the
appropriateness of limiting sourcing or taking other specified
procurement actions.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would add a number of items for the Department
of Defense to assess for suitability for limited sourcing
requirements.
Sec. 859--Demonstration exercise of enhanced planning for industrial
mobilization and supply chain management
The Senate amendment contained a provision (sec. 843) that
would require the Secretary of Defense to conduct a
demonstration exercise of industrial mobilization and supply
chain management planning capabilities in support of an
operational or contingency plan use case, as selected in
consultation with the Chairman of the Joint Chiefs of Staff and
the Under Secretary of Defense for Acquisition and Sustainment.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
We look forward to this demonstration exercise to be able
to provide an opportunity to test out industrial capacity under
realistic conditions, but not under the pressures of responding
to a real-world crisis. We expect the results of this process
will help validate current processes, or indicate areas where
our processes need further refinement. We also think this
demonstration will be helpful in identifying or validating the
needs for certain critical items, such as microelectronics or
critical materials, that may be needed in the event of
prolonged contingency operation, but which might be denied
during such crises.
Sec. 860--Risk management for Department of Defense pharmaceutical
supply chains
The House bill contained a provision (sec. 858) that would
require the Department of Defense to take a series of actions
related to pharmaceutical supply chains, and to provide
associated reports.
The Senate amendment contained a similar provision (sec.
871).
The agreement includes the Senate provision with an
amendment that would clarify the recipients of the report.
Sec. 861--Strategy for increasing competitive opportunities for certain
critical technologies
The House bill contained a provision (sec. 873) that would
require the Secretary of Defense to seek to increase
competitive opportunities for appropriate U.S. companies to be
awarded prime contracts, grants, cooperative agreements, or
other transactions for commercial products or dual-use
capabilities of which any component primarily relates to
critical technology.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment.
Sec. 862--Key advanced system development industry days
The Senate amendment contained a provision (sec. 872) that
would require periodic industry days for developing key
advanced systems.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
We are aware that United States Special Operations Command
(USSOCOM) already conducts recurring, scheduled, industry
events through SOFWERX, multiple program executive officer
(PEO) engagements, and an annual industry conference. We
commend USSOCOM for undertaking these initiatives and encourage
their continuation.
We also note the Department of the Navy's decision to
cancel the Snakehead Large Displacement Unmanned Undersea
Vehicle (LDUUV) program in fiscal year 2023. We understand
significant advances in commercial technology have occurred
since the start of the Snakehead LDUUV program and believe
commercially available LDUUVs operated independently from
submarines could be rapidly fielded to address current
Department of Navy mission needs and capability gaps.
Therefore, we direct the Secretary of the Navy to conduct
analysis and experimentation activities during fiscal year
2023, including through the full use of the authorities in this
section, with the objective of identifying commercially
available LDUUVs that could be fielded as rapidly as possible
and deployed at scale as early as fiscal year 2024. The
Secretary should focus such experimentation activities on
LDUUVs that: (1) Do not require crewed submarines to serve as
host platforms for the conduct of uncrewed operations; (2) Are
commercially available; (3) Are at a high technology readiness
level; (4) Possess multi-day endurance; (5) Are capable of
operating at full ocean depth; and (6) Are capable of rapidly
integrating different payloads for the performance of multiple
missions in support of Navy and Marine Corps concepts of
operations. The Secretary is directed to report to the
congressional defense committees not later than December 1,
2023, on the actions taken to comply with this direction.
Subtitle F--Small Business Matters
Sec. 871--Codification of Small Business Administration scorecard
The House bill contained a provision (sec. 859C) that would
amend and transfer section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
section 15 of the Small Business Act (Public Law 83-163).
The Senate amendment contained no similar provision.
The agreement includes the House provision with some
technical amendments.
Sec. 872--Modifications to the SBIR and STTR programs
The House bill contained a provision (sec. 856) that would
extend the Small Business Innovation Research program by 2
years until 2024.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment to the SBIR and STTR Extension Act of 2022 (Public
Law 117-183).
Sec. 873--Access to data on bundled or consolidated contracts
The House bill contained a provision (sec. 859L) that would
amend section 15 (p) of the Small Business Act (Public Law 85-
536) by granting access to contract building data.
The Senate amendment contained no similar provision.
The agreement includes the House provision with technical
amendments.
Sec. 874--Small business integration working group
The Senate amendment contained a provision (sec. 863) that
would require the Secretary of Defense to create a small
business integration working group, to be led by the Director
of the Department of Defense Office of Small Business Programs,
to improve coordination of the Department of Defense's small
business efforts.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 875--Demonstration of commercial due diligence for small business
programs
The Senate amendment contained a provision (sec. 864) that
would require the Secretary of Defense to conduct 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 or foreign oversight, control, and influence over
technology under development on behalf of the Department of
Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 876--Development and assessment of mission effectiveness metrics
The House bill contained a provision (sec. 859J) that would
require each Secretary of a military department to collect and
submit data on the Phase I, Phase II, and Phase III awards
under the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) program for the immediately
preceding 5 fiscal years.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Department to develop and
assess a mission effectiveness metric for the SBIR and STTR
programs.
Subtitle G--Other Matters
Sec. 881--Technical correction to effective date of the transfer of
certain title 10 acquisition provisions
The House bill contained a provision (sec. 861) that would
make technical corrections to the effective date of the
transfer of certain title 10 acquisition provisions.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 882--Security clearance bridge pilot program
The House bill contained a provision (sec. 864) that would
create a pilot program to allow the Defense Innovation Unit to
hold personal clearances of the employees of an innovative
technology company while the Department of Defense completes
the adjudication of the facility clearance application of the
technology company.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a modifying
amendment that would limit the number of companies
participating in the pilot program to 75, sunset the pilot in 5
years, have the program administered by the Under Secretary of
Defense for Research and Engineering, and ensure that companies
participating in the pilot program meet the size standard for a
small business or non-traditional defense contractor.
Sec. 883--Existing agreement limits for Operation Warp Speed
The House bill contained a provision (sec. 846) that would
prohibit any award made to a consortium under section 4022 of
title 10, United States Code, by the Department of Defense on
or after March 1, 2020, to address the COVID--19 pandemic
through vaccines and other therapeutic measures using funds
made available under a covered award from being counted toward
any limit established prior to March 1, 2020.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment to address all Department of Defense
contracts that were awarded to support the COVID-19 pandemic
and remove the prohibition against awarding replacement
contracts.
Sec. 884--Incorporation of controlled unclassified information guidance
into program classification guides and program protection plans
The Senate amendment contained a provision (sec. 874) that
would require the Secretary of Defense to 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 (CUI) at their next regularly scheduled update.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We understand the Department of Defense's uneven
application of CUI markings is particularly problematic for
industry, which often receives little CUI training or guidance
from the Government and is unsure of its responsibilities
regarding this marking convention. We are also concerned with
the extent and efficacy of the training, guidance, and
oversight provided to the Department's Government personnel on
the CUI marking convention, which has resulted in the over-
classification of entire documents and a lack of clear portion
markings within documents.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modifications to middle tier acquisition authority
The Senate amendment contained a provision (sec. 801) that
would amend section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to require the
component acquisition executives to approve an acquisition plan
within 1 year of a program being designated a rapid prototyping
or rapid fielding program under the Middle Tier of Acquisition
(MTA) authority. The acquisition plan must include: (1) The
potential pathway(s) to an existing or planned program of
record; (2) A life-cycle cost estimate; and (3) A test plan to
verify desired performance goals.
The House bill contained no similar provision.
The agreement does not include this provision.
We support the use of MTA pathway to rapidly develop and
deploy innovative technologies and capabilities to operational
units. However, we are concerned that the desire for speed in
these programs could lead to the omission of key elements of
good program management. To mitigate this risk, the Department
of Defense should have processes in place to ensure proper
acquisition planning for MTA efforts that will result in
successful transition to a program of record.
Therefore, we direct the Undersecretary of Defense for
Acquisition and Sustainment, in coordination with the component
acquisition executives, to submit an assessment of existing
acquisition planning processes for MTA efforts not later than
July 30, 2023. The assessment shall describe existing processes
or procedures the Department is using to plan for: (1) The
potential transition pathway or pathways to an existing or
planned program of record; (2) A life-cycle cost estimate; and
(3) A test plan to verify desired performance goals.
Preference for domestic foods for military working dogs
The House bill contained a provision (sec. 803) that would
require the Director of the Defense Logistics Agency to give a
preference for the acquisition of domestically-produced food
for military working dogs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Director of the Defense Logistics Agency to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives by June 1, 2023, on
sourcing for food produced for military-working dogs. Such
briefing should include sourcing over the last 3 years and
tentative sourcing plans over the next 2 years.
Prohibition on certain procurements of major defense acquisition
programs
The Senate amendment contained a provision (sec. 803) that
prohibit the procurement of items used in major defense
acquisition programs made in, or by companies controlled by,
China.
The House bill contained no similar provision.
The agreement does not include this provision.
Enhanced domestic content requirement for major defense acquisition
programs
The House bill contained a provision (sec. 807) that would
establish domestic content thresholds for certain acquisition
programs, require a related assessment, and make provisions for
the national technology and industrial base.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Mission-based rapid acquisition account
The House bill contained a provision (sec. 808) that would
create a mission-based rapid acquisition account executed by
the Strategic Capabilities Office in coordination with the
Defense Innovation Unit.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Deputy Secretary of Defense to continue to
pursue the pilot program established by section 871 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81) for the purpose of identifying lessons learned and
improving mission outcomes by quickly delivering solutions that
fulfill critical operational needs arising from cross-service
missions and at the seams between joint and service
capabilities. We further encourage the Deputy Secretary for
Defense to select a mission for the pilot program in the Joint
All Domain Command and Control (JADC2) effort, specifically the
role of the Under Secretary of Defense for Acquisition &
Sustainment in establishing policies for acquiring the
innovative technology and fielding the capabilities needed to
achieve interoperability and common management across the JADC2
ecosystem. Therefore we direct the Under Secretary of Defense
for Acquisition and Sustainment to provide a briefing, not
later than February 1, 2023, on whether JADC2 is an appropriate
environment for mission management, and if so, how the Under
Secretary would plan for inclusion of funding in the
President's budget given the challenge of delivering
capabilities that are evolving on a commercial timeline.
Preference for offerors that meet certain requirements
The House bill contained a provision (sec. 809) that would
require the Secretary of Defense to prioritize offerors that
meet certain requirements.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Subcontracting requirements for certain contracts awarded to
educational institutions
The House bill contained a provision (sec. 813) that would
implement minority institution subcontracting requirements for
contracts awarded to certain institutions.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Competition requirements for purchases from Federal Prison Industries
The House bill contained a provision (sec. 816) that would
amend section 3905 of title 10, United States Code, to require
the Secretary of Defense to conduct market research before
purchasing a product listed in the latest edition of the
Federal Prison Industries (FPI) catalog and would require the
use of competitive procedures if the Secretary determines the
FPI product is not comparable to products available from the
private sector in price, quality, or time of delivery.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Congress established FPI to help manage, train
and rehabilitate inmates through employment. Congress
established . . . ercent threshold in section 827 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181), under which the Department of Defense (DOD) was
to acquire products produced by FPI, as long as the products
met the needs of the Department in terms of quality,
performance, and price. We are aware of concerns about the
decline in FPI's revenue generated from sales to DOD and
Federal agencies. We believe that improvements in the ability
of Federal agencies to better mine acquisition data, increases
in the simplified acquisition threshold and the advent of e-
commerce portals will provide both more opportunities and more
insight into how well the program is serving federal government
needs. In addition, the Joint Explanatory Statement to
Accompany the National Defense Authorization Act for Fiscal
Year 2022 (Committee Print No. 2) directed the Comptroller
General of the United States to look at this program in more
detail to find opportunities for improvement. We look forward
to those preliminary observations being delivered by December
2022, to help inform any possible future congressional action
related to FPI.
Require full domestic production of flags of the United States acquired
by the Department of Defense
The House bill contained a provision (sec. 822) that would
prohibit funds to be made available for the procurement of a
flag of the United States unless such flag is manufactured in
the United States and from materials manufactured in the United
States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
Compliance procedures for investigating the prohibition on criminal
history inquiries by Federal contractors prior to conditional
offer
The House bill contained a provision (sec. 824) that would
require the Secretary of Defense to establish, and make
available to the public, procedures under which an applicant
for a position with a Department of Defense contractor may
submit to the Secretary a complaint, or any other information,
relating to compliance by the contractor.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Reestablishment of Commission on Wartime Contracting
The House bill contained a provision (sec. 825) that would
reestablish the Commission on Wartime Contracting.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge that the recommendations made by the
Commission on Wartime Contracting in 2011 to address
deficiencies in contract management and oversight have spurred
meaningful internal review, improved coordination, and data
integrity assurance within the Department of Defense. In a
briefing directed by the Joint Explanatory Statement to
Accompany the National Defense Authorization Act for Fiscal
Year 2022 (Committee Print No. 2) on reforms made to
contingency support and vendor accountability operations, the
Department explained that in the early years of the conflicts
in Iraq and Afghanistan, insufficient thought and effort were
put into adopting and integrating joint capability lessons
learned related to operational contract support, and more could
have been done to recognize the impact on the larger
enterprise. Since then, in response to Commission
recommendations, the Department has consolidated
responsibilities, improved data accuracy, and created workforce
training based on lessons learned. We recognize the need for
continued improvement and institutionalization of lessons
learned so that the Department will be better positioned to
adapt or evolve its processes rapidly for future contingency
contracting needs, without the steep learning curve documented
by the Commission. The Government Accountability Office (GAO)
has tracked this positive momentum and observed that
operational contract support could be removed from the High
Risk List if sufficient capacity and resourcing is invested in
the Synchronized Pre-deployment Operational Tracker-Enterprise
System; greater efficiency and accountability are achieved; and
guidance on oversight, management, and accounting of
contractors supporting U.S. military operations is updated. We
look forward to the Comptroller General of the United States'
evaluation of whether operational contract support is to remain
on the High Risk List. Any related GAO recommendations will
inform our future oversight.
Progress payment incentive pilot
The Senate amendment contained a provision (sec. 827) that
would require the Secretary of Defense to establish and
implement a 4-year pilot program to make accelerated progress
payments contingent upon responsiveness to Department of
Defense goals for effectiveness, efficiency, and increasing
small business contract opportunities.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
Report on Department of Defense Strategic Capabilities Office
contracting capabilities
The Senate amendment contained a provision (sec. 828) that
would require a report on the contracting capabilities of the
Department of Defense's Strategic Capabilities Office (SCO),
including an assessment of the extent to which changes to these
capabilities could benefit the SCO in carrying out its mission.
The House bill contained no similar provision.
The agreement does not contain this provision.
We direct the Secretary of Defense, in coordination with
the Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and Engineering,
and the Director of the Strategic Capabilities Office (SCO), to
submit to the congressional defense committees a briefing on
the adequacy of SCO contracting authorities not later than
March 1, 2023. The briefing shall include: (1) A summary of the
existing authorities of the SCO, including the mechanisms for
contracting in support of existing programs; (2) An assessment
of the average amount of time needed to conduct contracting
actions through current mechanisms; (3) An assessment of the
pros and cons of the current contracting processes for SCO in
relation to their ability to rapidly develop and deploy
technology in support of Department of Defense operational
units; (4) An assessment of the type or types of contracting
authority that would be most beneficial to the SCO in carrying
out its mission in order to achieve desired speed and scale for
the organization, including any limits or oversight measures
that should be put into place; (5) An assessment of structural
changes that may be needed in order to accommodate the
preferred contracting approach for SCO; and (6) The Secretary
of Defense's recommendations for future authorities for the
SCO.
Repeal of certain provisions relating to acquisition workforce
incentives
The House bill contained a provision (sec. 834) that would
repeal certain note provisions that have expired or been fully
implemented in policy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 834 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-283) is
codified in title 10, United States Code, elsewhere in this
Act.
Update to plan on reduction of reliance on services, supplies, or
materials from covered countries
The House bill contained a provision (sec. 852) that would
amend section 847 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) to identify critical
defense requirements in the event of a crisis or conflict, and
to establish related reporting requirements.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We look forward to receiving the report required by section
847 of the National Defense Authorization Act for Fiscal Year
2022 in January 2023, at which time we will consider follow-on
actions that might be necessary.
Microloan program; definitions
The House bill contained a provision (sec. 855) that would
amend paragraph (11) of section 7(m) of the Small Business Act
(Public Law 85-536) to define the term ``State'' to mean each
of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, the Commonwealth of the Northern Mariana Islands,
and American Samoa.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition on covered airport contracts with certain entities
The House bill contained a provision (sec. 857) that would
prohibit the Department of Defense from entering into certain
contracts for acquiring passenger boarding bridge equipment or
infrastructure at certain installations, facilities, or
airports.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
Review of advances in domestic production of carbon fiber
The House bill contained a provision (sec. 859) that would
require the Secretary of Defense to conduct a review of the
Department of Defense carbon fiber requirements necessary for
current and future weapon system production and sustainment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
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
The House bill contained a provision (sec. 859A) that would
extend the transfer date for the verification of small business
concerns owned and controlled by veterans or service-disabled
veterans to the Small Business Administration to January 1,
2024.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Application of price evaluation preference for qualified HUBZone small
business concerns to certain contracts
The House bill contained a provision (sec. 859B) that would
require the application of price evaluation preference for
qualified HUBZone small business concerns to certain contracts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modifications to the nonmanufacturer rule
The House bill contained a provision (sec. 859D) that would
amend section 8(a)(17) of the Small Business Act (Public Law
85-536) by modifying the nonmanufacturer rule.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study on small business assistance to foreign-based companies
The House bill contained a provision (sec. 859E) that would
require the Comptroller General of the United States to conduct
a study to determine the amount of small business assistance
that has been received by foreign-based small business concerns
during the period beginning on March 1, 2020, and ending on the
date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on strategic and critical materials
The House bill contained a provision (sec. 859F) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a report describing strategic and
critical materials requirements of the Department of Defense
(DOD).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the annex provided under section 851 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) did not contain every
required element. We direct the Under Secretary of Defense for
Acquisition and Sustainment to submit a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than June 1, 2023, describing the
gaps and vulnerabilities in the supply chains of critical and
strategic materials required by DOD. The report should include:
(1) The overall annual tonnage of each strategic or critical
material used by DOD during the 10-year period ending on
December 31, 2021; (2) An evaluation of the effects of the use
of waivers by the Strategic Materials Protection Board
established under section 187 of title 10, United States Code,
on the domestic supply of critical materials; (3) An
identification of improvements to the National Defense
Stockpile that are required to further ensure that DOD has
access to strategic and critical materials, aligning the goals
of the stockpile with those of the Department and prioritize
existing and future needs for emerging technology; (4) An
evaluation of the domestic processing and manufacturing
capacity required to supply strategic and critical materials to
DOD, including identifying, in consultation with the United
States Geological Survey, domestic locations of proven sources
of such strategic and critical materials with existing
commercial manufacturing capabilities; (5) An identification of
all minerals that are strategic and critical, and supply chains
for such minerals, that originate or pass through the Russian
Federation; (6) An evaluation of the process required to
immediately halt the procurement of minerals described in
paragraph (5) or products by the Government without adversely
affecting National Security; (7) Any limits on the availability
of information preventing or limiting the Under Secretary from
fully addressing any elements in this briefing; and (8) Any
legislative recommendations, authorities, or appropriations
necessary to improve the ability of DOD to monitor and address
its strategic and critical minerals requirements. The briefing
shall be in an unclassified form but may have a classified
annex.
Sense of Congress on modernizing defense supply chain management
The House bill contained a provision (sec. 859H) that would
express the sense of Congress on modernizing defense supply
chain management.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that, to meet the unique needs of the Department of
Defense regarding continuity of supply chain management in both
garrison and deployed or austere environments, the Department
must prioritize digital supply chain management solutions that
use durable devices and technologies designed to operate in
remote regions with limited network connectivity.
Prohibition on the use of LOGINK
The House bill contained a provision (sec. 859I) that would
prohibit the Secretary of Defense, each Secretary of a military
department, and a department defense contractor from using
LOGINK.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives by June 1, 2023 on any instances in which
Department of Defense entities or their contractors are using
or being pressured to use LOGINK in the course of their
operations.
Extension of participation in 8(a) program
The House bill contained a provision (sec. 859K) that would
allow a covered small business concern to elect to extend the
period in which such covered small business concern
participates in the 8(a) program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on small business concerns owned and controlled by women
The House bill contained a provision (sec. 859M) that would
require the Administrator of the Small Business Administration
to submit a report on small business concerns owned and
controlled by women.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Native Hawaiian organizations
The House bill contained a provision (sec. 859N) that would
amend section 8020 of title VIII of division A of the
Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148) by striking ``with
agencies of the Department of Defense'' and inserting ``with
agencies and departments of the Federal Government''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Temporary suspension of COVID-19 vaccine mandate for Department of
Defense contractors
The House bill contained a provision (sec. 866) that would
require a report by the Comptroller General of the United
States in the predicted effects of the requirement for
Department of Defense contractors to receive a COVID-19
vaccine.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We continue to strive to understand the full impact of the
COVID-19 virus on the defense industrial base, in particular
the effects of the COVID vaccine mandate on contractor
performance. We believe more robust data and a better
understanding of a range of impacts can help inform future
decision making.
Therefore, we direct the Comptroller General of the United
States to conduct a study to examine the effects of the COVID-
19 vaccine mandate on Department of Defense contractors. Such
study should examine the effects of such mandate on contract
costs, performance, delivery schedules, subcontractor and
supply chain matters, and workforce impacts including increased
or decreased rates of productivity or absenteeism. A briefing
on the interim results of the study shall be provided to the
Committees on Armed Services of the Senate and the House of
Representatives by August 1, 2023, with the final report to be
provided at a time mutually agreed with the committees.
Government Accountability Office report on Department of Defense
contract financing and commercial best practices
The House bill contained a provision (sec. 867) that would
require the Comptroller General of the United States to submit
a report assessing a study on the effect that the Department of
Defense's contract financing and profit policies have on the
defense industry.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We are aware the Department of Defense has commissioned an
independent study to evaluate financing mechanisms available in
the Department's contracting toolbox to improve the
effectiveness and efficiency of cash flow in the defense
sector. We anticipate this study to provide useful findings and
recommendations on the impacts to cash flow based on contract
type, the impact on small businesses (especially based on the
amount and sufficiency of cash flowing down to small business
subcontractors from their primes), analysis of the tradeoffs in
longer-term capitalization decisions made by the defense
industrial base between pursuing private sector loans versus
advanced government payments, and the potential impact
government accounting system requirements for contractors have
on the ability to access cash flow.
Not later than 1 year after the date of the completion of
the Department's contract financing, the Comptroller General is
directed to submit to the congressional defense committees a
report assessing such study, including efforts the Department
of Defense could take in light of the study findings to ensure
fair and reasonable pricing of commercial products and
services. We are also aware the Defense Contract Management
Agency (DCMA) is conducting a review of data gathered on the
degree to which prime contractors have flowed progress payments
down to their subcontractors since March 2020, when the
Department adjusted progress payment rates in response to
COVID-19 impacts, and direct the Commander of DCMA to brief the
Committees on Armed Services of the Senate and the House of
Representatives on its data findings analysis by March 1, 2023.
Prohibition on contracting with employers that violated the National
Labor Relations Act
The House bill contained a provision (sec. 868) that would
prohibit the Secretary of Defense from entering into a contract
with an employer found to have violated section 8(a) of the
National Labor Relations Act (Public Law 74-198) during the 3-
year period preceding the proposed date of award of the
contract.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that if an offeror is found to have received final
adjudication of a violation of the National Labor Relations
Act, a contracting officer has authority to determine the
offeror not responsible, thereby disqualifying it from award of
a contract.
However, as the Acquisition Innovation Research Center
(AIRC) stated in a report titled ``Congressionally Mandated
Study on Contractor Debarments for Violations of U.S. Labor
Laws,'' published pursuant to the Joint Explanatory Statement
to Accompany the National Defense Authorization Act for Fiscal
Year 2022 (Committee Print No. 2), contracting officers ``are
tasked with a myriad of responsibilities throughout the
acquisition lifecycle . . . [and in] making their
responsibility determinations Contracting Officers often do not
have the necessary information or knowledge base to make
informed decisions regarding the relevance and weight of
various labor law violations.''
Recent reports from the Comptroller General of the United
States indicate efforts are underway to improve information
sharing between the Department of Labor and Federal agencies to
ensure access to comprehensive and accurate information when
making such responsibility determinations, however, in its
report the AIRC observed such information transfer may not
provide contracting officers or suspension and debarment
officers the context and background needed to make fully
informed decisions. The AIRC recommends additional training for
contracting officers in how to find and assess data regarding
labor violations and suggests requiring contractors to submit
data regarding finally adjudicated labor law violations as part
of regular representations and certifications to improve
transparency, accuracy, and decision-making.
We therefore direct the AIRC to post the aforementioned
report on its publicly accessible website and encourage the
Under Secretary of Defense for Acquisition and Sustainment to
host a conference with AIRC, and participants from government,
industry, and academia, and create a summary of such
conference, to improve reporting processes and understanding of
labor violations within the existing statutory and regulatory
framework.
Amendments to contracting authority for certain small business concerns
The House bill contained a provision (sec. 869) that would
amend contracting authorities for socially and economically
disadvantaged business concerns, certain small business
concerns owned and controlled by women, qualified HUBZone small
business concerns, small business concerns owned and controlled
by service-disabled veterans, and certain veteran-owned
concerns.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Equitable adjustments to construction contracts
The House bill contained a provision (sec. 870) that would
allow a small business concern that was awarded a construction
contact by an agency to submit a request for an equitable
adjustment to the contracting office of such agency if the
contracting officer directs a change in the terms of the
contract performance without the agreement of the small
business concern.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Manufacturing of insulin
The House bill contained a provision (sec. 871) that would
authorize the Secretary of Defense to: (1) Select one or more
Government-owned, contractor-operated facilities to manufacture
insulin; (2) Use existing pharmaceutical manufacturing
facilities of the Department of Defense to produce insulin; or
(3) Establish new pharmaceutical manufacturing facilities to
produce insulin.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the current challenges in maintaining a stable
and resilient supply chain, especially for pharmaceutical
agents. The recent COVID-19 pandemic response has highlighted
the susceptibility of the supply chain to disruptions and the
need for more robust investments from civilian agencies to
oversee and mitigate those disruptions. As a vital
subpopulation requiring an assured pharmaceutical agent supply
in order to maintain force readiness and family support, we
believe it is necessary to have a better understanding of the
Department's requirements for such agents used to treat chronic
health conditions, as well as planning and mitigation measures
being taken to protect against supply chain disruptions.
Therefore, we direct the Under Secretary of Defense for
Personnel and Readiness, in consultation with the Under
Secretary of Defense for Acquisition and Sustainment, to brief
the Committees on Armed Services of the Senate and the House of
Representatives not later than July 1, 2023, on an analysis of
the projected pharmaceutical agent needs to supply the military
health system. Such analysis should include:
(1) Estimated total annual requirements needed in the
military health system to treat chronic health
conditions;
(2) Methods for satisfying requirements, including
identification of any production shortfalls; and
(3) Options for mitigating production shortfalls,
including identification of the agency or entity
responsible for mitigation measures.
Need for development and acquisition of natural rubber from domestic
herbacious plant sources
The House bill contained a provision (sec. 872) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a plan for future investment by the
Department of Defense in the development, testing, and
evaluation of domestic natural rubber from herbaceous plants
for military applications, including a timeline for acquiring
critical defense components and products using natural rubber
from domestic sources.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the issues raised in this provision are
addressed elsewhere in this Act.
Duties of small business development center counselors
The House bill contained a provision (sec. 874) that would
amend the duties of small business development center
counselors.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Establishment of Office of Strategic Capital
The Senate amendment contained a provision (sec. 5901) that
would establish the Office of Strategic Capital.
The House bill contained no similar provision.
The agreement does not include this provision.
We are aware that there are a number of authorities
available to other parts of the federal government, such as
loans, loan guarantees, equity investments, and insurance/
reinsurance processes, that can be helpful tools for
incentivizing the engagement of U.S. private capital in a
manner that furthers the U.S. national interest. Similar tools
are also utilized by adversarial governments, therefore it is
critical that the Department of Defense better understand and
find the means to effectively use all such available tools to
ensure that the Department can combat both the unintended
consequences of long-standing economic policies, as well as the
subversion and malign perversion of our open, competitive
economic system.
Therefore, we direct the Secretary of Defense to provide a
briefing to the congressional defense committees by not later
than March 1, 2023, on the application, feasibility, and
potential implementation of pathways for economic policy
instruments that might be used to support and bolster U.S.
national security and the defense industrial base, such as
loans, loan guarantees, equity investments, and insurance/
reinsurance processes. Such briefing should include:
(1) A description of similar authorities that are in
use by other parts of the federal government, including
limitations on their use, effectiveness and challenges
in their execution;
(2) How the Department of Defense currently works
with those other federal agencies to leverage existing
authorities, as well as recommendations on how the
Department might improve their ability to leverage
those authorities;
(3) An analysis of any gaps in existing authorities
where the Department might benefit from having similar
authorities granted, as well as how it might staff and
implement such authorities if they were to be granted;
(4) A detailed description of how loan guarantees
could be vetted, approved, and managed by the
Department, including mechanisms to ensure competition
and transparency, and how they could protect the
interests of the Government; and
(5) How such loan guarantees would be coordinated
with other Government invest mechanisms or other
private sector financing.
Homeland Procurement Reform Act
The Senate amendment contained a provision (sec. 6033) that
would amend subtitle D of title VII of the Homeland Security
Act of 2002 (Public Law 107-296) by adding requirements to buy
certain items related to national security interests.
The House bill contained no similar provision.
The agreement does not include this provision.
Collection, verification, and disclosure of information by online
marketplaces to inform consumers
The Senate amendment contained a provision (sec. 6034) that
would require any high-volume third party seller on an online
marketplace to provide certain information to the online
marketplace.
The House bill contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 901) that would
increase the number of authorized Assistant Secretaries of
Defense and Deputy Assistant Secretaries of Defense, in support
of the Under Secretary of Defense for Research and Engineering.
The Senate amendment contained a similar provision (sec.
901).
The agreement includes a modifying amendment that increases
the number of Assistant Secretaries by four, and the number of
Deputy Assistant Secretaries by three, along with some other
conforming changes.
Sec. 902--Conforming amendments relating to repeal of position of Chief
Management Officer
The Senate amendment contained a provision (sec. 902) that
would amend section 2222 of title 10, United States Code, to
make the Chief Information Officer of the Department of Defense
responsible for management oversight for defense business
systems, including for certification of such systems and
development and upkeep for the business enterprise
architecture.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 903--Limitation on use of funds pending demonstration of product
to identify, task, and manage congressional reporting
requirements
The Senate amendment contained a provision (sec. 904) that
would limit certain funds from obligation or expenditure until
the Department of Defense demonstrates a minimum viable product
of a modernized software tool for managing congressionally
required reports aligned with the processes described in
section 908 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit the obligation and expenditure of
certain funds to not more than 90 percent until the Department
demonstrates a minimum viable product that will replace the
Congressional Hearings and Reporting Requirements Tracking
System. While the Department has made recent progress in
replacing their outdated system for managing congressionally
required reports, these efforts will not begin producing
desired results until the Department is able to demonstrate a
minimum viable product.
Sec. 904--Limitation on use of funds pending compliance with
requirements relating to alignment of Close Combat Lethality
Task Force
The Senate amendment contained a provision (sec. 905) that
would place restrictions on the use of certain funds until the
Department of Defense complies with previous congressional
direction regarding the alignment of the Close Combat Lethality
Task Force.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911--Updates to management reform framework
The Senate amendment contained a provision (sec. 913) that
would modify section 125a of title 10, United States Code, to
make updates to the management reform framework for the
Department of Defense, such as an extension of the deadline for
issuance of policy guidance, inclusion of the Director for
Administration and Management in organizations to be consulted,
and inclusion of several new elements for reform.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 912--Briefing on changes to Unified Command Plan
The Senate amendment contained a provision (sec. 912) that
would require a briefing to the congressional defense
committees within 60 days of establishing a new combatant
command or significantly revising the missions,
responsibilities, or force structure of an existing combatant
command.
The House bill contained no similar provision.
The agreement includes the Senate provision with technical
and conforming amendments.
Sec. 913--Clarification of peacetime functions of the Navy
The House bill contained a provision (sec. 912) that would
amend section 8062(a) of title 10, United States Code, to
include in the primary functions of the Navy the peacetime
promotion of the national security interests and prosperity of
the United States.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 914--Responsibilities and functions relating to electromagnetic
spectrum operations
The Senate amendment contained a provision (sec. 1552) that
would retain U.S. Strategic Command's role in joint force
planning for electromagnetic spectrum operations with
additional reporting.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We are aware that the Department of Defense is considering
establishing a Joint Electromagnetic Spectrum Operations Center
at U.S. Strategic Command and view such an effort as value
additive to supporting the joint force in planning, training
and operations for the combatant commands with respect to
electronic warfare.
Sec. 915--Joint all domain command and control
The Senate amendment contained a provision (sec. 1046) that
would require control of the cross-functional team tasked with
joint all domain command and control (JADC2) to remain under
the direction of the Director, Command, Control, Communications
and Computers/Cyber and Chief Information Officer of the Joint
Chiefs of Staff (J6). The provision would also require mission-
critical effects chains and an implementation plan for the
establishment of a joint force headquarters to serve as the
operational command for certain JADC2 and related capabilities,
functions, missions, and tasks, with the headquarters to be
established not later than October 1, 2024.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would provide discretion to the Secretary of
Defense regarding the management of the JADC2 initiative,
clarify additional subsections of the provision, and mandate
the establishment of a Joint Force Headquarters in a separate
provision.
Sec. 916--Strategic management dashboard demonstration
The Senate amendment contained a provision (sec. 914) that
would require the Secretary of Defense to conduct a
demonstration of a strategic management dashboard to automate
the data collection and visualization of the primary management
goals of the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 917--Demonstration program for component content management
systems
The Senate amendment contained a provision (sec. 915) that
would require the Chief Information Officer to complete a
demonstration program to migrate a select data set to a modern
component content management system to help reduce the time,
labor, and cost involved in manually updating Department of
Defense documents.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 918--Report on potential transition of all members of the Space
Force into a single component
The House bill contained a provision (sec. 916) that would
require the Secretary of Defense to 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.
The Senate amendment contained a similar provision (sec.
923) that would designate a new subtitle F of title 10, United
States Code, as a legislative framework for the space
component.
The agreement includes the House provision with an
amendment that would eliminate the Senate provision's framework
for a new subtitle F, but add to the House provision the
contents of the report that would be required in section 924 of
the Senate bill.
LEGISLATIVE PROVISIONS NOT ADOPTED
Explosive ordnance disposal matters
The House bill contained provisions (secs. 902 and 1622)
that would amend section 138(b)(2)(A) of title 10, United
States Code, to add explosive ordnance disposal to the
responsibilities of the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict and require the
Secretary of Defense to designate the Director of the Defense
Intelligence Agency as the executive agent for explosive
ordnance intelligence.
The Senate amendment contained no similar provision.
The agreement does not include these provisions.
We acknowledge the ongoing interest in the structure and
authorities related to the explosive ordnance disposal
enterprise and welcome continued dialogue on these matters.
Eligibility of Chief of the National Guard Bureau for appointment as
Chairman of the Joint Chiefs of Staff
The House bill contained a provision that would amend
section 152 of title 10, United States Code, to include the
Chief of the National Guard Bureau among the officers eligible
to be appointed as the Chairman of the Joint Chiefs of Staff.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Explosive ordnance disposal defense program
The House bill contained a provision (sec. 913) that would
establish a functional explosive ordnance defense program
within the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the ongoing interest in the structure and
authorities related to the explosive ordnance disposal
enterprise and encourage continued dialogue on these matters.
Modification of report regarding the designation of the Explosive
Ordnance Disposal Corps as a basic branch of the Army
The House bill contained a provision (sec. 914) that would
modify a report regarding the designation of the Explosive
Ordnance Disposal Corps as a basic branch of the U.S. Army.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the continued interest in the structure and
management of the United States Army Explosive Ordnance
Disposal Corps and encourage continued emphasis and dialogue on
matters addressed in previous National Defense Authorization
Acts.
Clarification of roles and responsibilities for force modernization
efforts of the Army
The House bill contained a provision (sec. 915) that would
require the Secretary of the Army to submit a plan that defines
roles and responsibilities for officials and organizations of
the Army's modernization enterprise.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress on the Electromagnetic Spectrum Superiority Strategy
The House bill contained a provision (sec. 917) that would
support the Department of Defense's efforts to achieve
electromagnetic superiority, as outlined in its 2020
Electromagnetic Spectrum Superiority Strategy, including
encouraging the Department to unify Defense-wide
electromagnetic spectrum enterprise activities and consolidate
electromagnetic spectrum operations leadership. It would also
require the Department of Defense to provide an unclassified
version of its Implementation Plan for the Electromagnetic
Spectrum Superiority Strategy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe the following:
(1) The Department of Defense released the
``Electromagnetic Spectrum Superiority Strategy''
(October 2020) and the corresponding ``Electromagnetic
Spectrum Superiority Strategy Implementation Plan''
(August 2021);
(2) The purpose of the ``Electromagnetic Spectrum
Superiority Strategy'' is to align electromagnetic
spectrum activities across the Department of Defense to
solve persistent gaps in the ability of the United
States to project, achieve, and sustain electromagnetic
spectrum superiority against adversaries and peer
competitors, most notably Russia and China;
(3) A goal of the ``Electromagnetic Spectrum
Superiority Strategy'' is to ``Establish Effective EMS
Governance'' to unify Department of Defense-wide
electromagnetic spectrum enterprise activities, develop
a continuous process improvement culture, and promote
policies that support Department of Defense
electromagnetic spectrum capabilities and operations;
(4) Electromagnetic spectrum superiority underpins
each of the four priorities of the ``2022 National
Defense Strategy of the Department of Defense;''
(5) The projecting, achievement, and sustainment of
electromagnetic spectrum superiority is inherently a
joint operational mission that is fundamental to the
success of military missions carried out by the United
States and its allies across all warfighting domains;
(6) Electromagnetic spectrum operations leadership in
the Pentagon must be consolidated and unambiguous to
address persistent gaps in coordination of joint
electronic warfare among the services and fragmentation
in guidance from leadership in the Department of
Defense; and
(7) The Secretary of Defense--
(a) Should provide to Congress an
unclassified version of the Implementation Plan
for the Electromagnetic Spectrum Superiority
Strategy in all future updates to the plan; and
(b) As part of implementing the
Electromagnetic Spectrum Superiority Strategy,
should--
(i) Strengthen governance reforms to
ensure necessary senior operational
leadership; and
(ii) Provide a coherent response to
persistent gaps in joint
electromagnetic spectrum operations
across the areas of Doctrine,
Organization, Training, Materiel,
Leadership, Personnel, Facilities and
Policy (DOTMLPF-P).
Establishment of Space National Guard
The House bill contained a provision (sec. 921) that would
establish a Space National Guard comprising National Guard
forces in the states and U.S. territories in which the Space
Force operates.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Vice Chief of Space Operations
The Senate amendment contained a provision (sec. 921) that
would amend chapter 908 of title 10, United States Code, to
authorize a Vice Chief of Space Operations in the grade of
general within the U.S. Space Force.
The House bill contained no similar provision.
The agreement does not include this provision.
No effect on military installations
The House bill contained a provision (sec. 922) that would
clarify that nothing in this subtitle would require or
authorize the relocation of any facility, infrastructure, or
military installation of the Space National Guard or Air
National Guard.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Establishment of field operating agencies and direct reporting units of
Space Force
The Senate amendment contained a provision (sec. 922) that
would allow the Secretary of the Air Force to establish an
Enterprise Talent Management Office as a field operating agency
of the headquarters of the U.S. Space Force and a Space
Analysis Warfighting Center as a direct reporting unit of the
Chief of Space Operations.
The House bill contained no similar provision.
The agreement does not include this provision.
We note the structural changes being executed and
considered as the Chief of Space Operations (CSO) and Assistant
Secretary of the Air Force for Space Acquisition and
Integration (SAF/SQ) continue to establish their respective
organizations. We further note the desire of the CSO to
establish direct reporting units (DRU) and/or field operating
agencies (FOA), to include conducting space warfighting
analysis and enterprise talent management activities. To date,
we have not received adequate justification for these DRU/FOA
requests. Further, in the case of the Space Warfighting
Analysis Center (SWAC), consideration of alignment to SAF/SQ
does not appear to have been addressed, as was required by the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81). Therefore, we direct that there should still be a
desire to establish these organizations either as a DRU or FOA
within the United States Space Force, and that not later than
March 31, 2023, the Secretary of the Air Force shall provide a
briefing to the congressional defense committees that includes:
(1) Justification for establishing the SWAC as a DRU
to the CSO, including:
(a) Risks and benefits to maintaining the
current organizational structure reporting to
the Space Operations Command (SpOC)
(b) Analysis of risks and benefits of
aligning the SWAC to the SAF/SQ vice the CSO or
SpOC; and
(2) Justification for establishing an Enterprise
Talent Management Office (ETMO), including
(a) Location
(b) Personnel requirements
(c) Associated costs.
Implementation of Space National Guard
The House bill contained a provision (sec. 923) that would
require the Secretary of the Air Force and the Chief of the
National Guard Bureau to implement the provisions of this
subtitle not later than 18 months after the date of the
enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Conforming amendments and clarification of authorities
The House bill contained a provision (sec. 924) that would
provide clarifications of authorities pertaining to the Space
National Guard, as established by this subtitle, and conforming
amendments to title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study of proposed Space Force reorganization
The Senate amendment contained a provision (sec. 924) that
would require the Secretary of Defense to seek to enter into a
contract with one or more federally funded research and
development centers to conduct a study on the proposed
reorganization of the Space Force and the establishment of the
space component. The Secretary would be required to submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on such study not later than December
31, 2023.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that the elements of this study are included in a
provision elsewhere in the agreement.
Title X--General Provisions
Subtitle A--Financial Matters
Sec. 1001--General transfer authority
The House bill contained a provision (sec. 1001) that would
allow the Secretary of Defense, with certain limitations, to
make transfers between amounts authorized for fiscal year 2023
in division A of this Act. This provision would also limit the
total amount transferred under this authority to $6.0 billion.
The Senate amendment contained an identical provision (sec.
1001).
The agreement includes this provision.
Sec. 1002--Sense of Congress relating to the corrective action plans
review process
The House bill contained a provision (sec. 1004) that would
express the sense of Congress relating to the corrective action
plans review process.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
We direct the Under Secretary of Defense (Comptroller) to
brief the congressional defense committees, not later than 90
days after the date of enactment of this Act, on the efforts of
the Department of Defense to link notices of findings and
recommendations with corrective action plans.
Sec. 1003--Annual reports on budgetary effects of inflation
The Senate amendment contained a provision (sec. 1002) that
would require the Secretary of Defense to deliver additional
details on the budgetary effects of inflation with the annual
submission of the President's budget request.
The House bill contained no similar provision.
The agreement includes the Senate provision with clarifying
amendments.
Subtitle B--Counterdrug Activities
Sec. 1011--Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia
The House bill contained a provision (sec. 1011) that would
extend through fiscal year 2025 the authority under section
1021 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108--375), as most recently
amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81), to support
Colombia's unified counterdrug and counterterrorism campaign.
The Senate amendment contained a similar provision (sec.
1011).
The agreement includes the House provision with an
amendment that would require an annual report assessing the
threat to Colombia from designated foreign terrorist
organizations and the effectiveness of activities under the
authority of section 1021 of Public Law 108-375 in addressing
that threat.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021--Modification to annual naval vessel construction plan
The Senate amendment contained a provision (sec. 1021) that
would require a detailed transition plan for any battle force
ship class in which the class' last ship would be procured in
the future years defense program.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1022--Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious force structure and
capability
The House bill contained a provision (sec. 1021) that would
require consultation with the Commandant of the Marine Corps on
major decisions directly concerning naval amphibious force
structure and capabilities.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1023--Amphibious warship force structure
The House bill contained a provision (sec. 1022) that would
require the Navy to maintain an inventory of not less than 31
operational amphibious ships.
The Senate amendment contained a similar provision (sec.
1022) that would further require no fewer than 10 of the 31
required vessels to be amphibious assault ships and specify
that the Navy maintain no fewer than 24 amphibious ships in an
operationally ready status.
The agreement includes the Senate provision with an
amendment that would delete the requirement to maintain 24
amphibious ships in an operationally ready status.
We urge the Secretary of the Navy to maintain the classes
of battle force ships at relatively equal levels of readiness
to support global force management and operational plans.
We direct the Commandant of the Marine Corps to brief
progress made in achieving Force Design 2030 to the Committees
on Armed Services of the Senate and the House of
Representatives every six months beginning April 1, 2023 and
ending April 1, 2026. Each such briefing shall include: (1)
Capabilities divested by the Marine Corps as part of Force
Design 2030 (e.g., bridging, explosive ordnance disposal, route
clearance and tanks); (2) The extent to which the Marine Corps
is relying on the Army to provide such capabilities; (3)
Specific actions the Marine Corps has taken to ensure such
divested capabilities are available to the Marine Corps; and
(4) A current timeline for fielding capabilities required to
implement Force Design 2030.
Sec. 1024--Modification to limitation on decommissioning or
inactivating battle force ships before end of expected service
life
The Senate amendment contained a provision (sec. 1023) that
would modify the limitation on decommissioning or inactivating
a battle force ship before the end of expected service life in
section 8678a of title 10, United States Code, by adjusting the
certification requirement to align with budget request
submissions.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1025--Amphibious warfare ship assessment and requirements
The Senate amendment contained a provision (sec. 911) that
would clarify which officials within the Department of Defense
are responsible for modifying the requirements that are the
responsibility of Armed Forces, to include establishing certain
inventory objective requirements for such Armed Force.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify section 8695 of title 10, United
States Code, to specify that the Commandant of the Marine Corps
is responsible for developing the requirements relating to
amphibious warfare ships.
Sec. 1026--Battle force ship employment, maintenance, and manning
baseline plans
The Senate amendment contained a provision (sec. 6011) that
would require the Secretary of the Navy to deliver a report on
a baseline plan for all new battle force ships within 45 days
of delivery of the first ship of a new class. The report would
establish a baseline for the employment, maintenance, and
manning of the ship class. The Secretary would then be required
to submit a report on any significant changes in the baseline,
including an assessment of the effect of the changes.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1027--Withholding of certain information about sunken military
crafts
The House bill contained a provision (sec. 1029) that would
allow the Secretaries of the military departments to withhold
certain information about the location and character of sunken
military craft from public disclosure, if such disclosure would
increase the risk of the unauthorized disturbance of one or
more sunken military craft.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would specify that the Secretary concerned may
withhold information about the location or related artifacts of
sunken military craft.
Sec. 1028--Business case analyses on disposition of certain Government-
owned dry-docks
The House bill contained a provision (sec. 1025) that would
direct the Secretary of the Navy to submit a business case
analysis on disposition of certain government-owned dry docks.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would: (1) Allow for the Secretary to analyze
other options as deemed appropriate; (2) Require the Secretary
to assess cost and schedule impacts to each option due to
applicable legal and regulatory requirements; and (3) Require
the Secretary to assess relative maintenance capacity and
output for each option.
Sec. 1029--Prohibition on retirement of certain naval vessels
The House bill contained provisions (secs. 119B, 1023,
1024, 1030, and 1031) that would prohibit or place limitations
on the retirement or inactivation of a range of Navy vessels,
including Littoral Combat Ships (LCS), landing dock ships,
guided missile cruisers, and expeditionary transfer docks.
The Senate amendment contained a similar provision (sec.
1025) that would prohibit the retirement, preparation to
retire, or placement in storage of certain named vessels.
The agreement includes the Senate provision with an
amendment that would not specify the LCS vessels to be retained
and would direct the Secretary of Defense to screen the LCS
vessels for potential transfer to a partner or ally nation of
the United States.
We direct the Commander of U.S. Southern Command (SOUTHCOM)
to submit a report, not later than April 1, 2023, to the
congressional defense committees on the potential benefits of
assigning, as opposed to allocating through the Global Force
Management process, between four and six Littoral Combat Ships
for operational employment by the Commander. This report shall
include a description of: (1) Missions the LCSs would likely
perform in furtherance of the National Defense Strategy; (2)
How the assignment of LCSs would improve such mission
accomplishment as compared to the status quo; (3) The notional
concept of operations for such LCSs; (4) Command and control
considerations; (5) Other considerations the Commander deems
appropriate; and (6) A recommendation from the Commander on
whether or not LCSs should be considered for assignment to
SOUTHCOM with the associate rationale.
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
The Senate amendment contained a provision (sec. 1032) that
would extend through December 31, 2023, the prohibition on the
use of funds provided to the Department of Defense to transfer
or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The Senate amendment contained a provision (sec. 1033) that
would extend, until December 31, 2023, the prohibition on the
use of funds provided to the Department of Defense to construct
or modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 1035) that would
prohibit the use of funds authorized to be appropriated or
otherwise made available to the Department of Defense, during
the period beginning on the date of enactment of this Act and
ending December 31, 2023, to transfer or release individuals
detained at United States Naval Station, Guantanamo Bay, Cuba,
to Libya, Somalia, Syria, Yemen, and Afghanistan.
The Senate amendment contained a similar provision (sec.
1031).
The agreement includes the Senate provision.
Sec. 1034--Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba
The Senate amendment contained a provision (sec. 1034) that
would extend through the end of fiscal year 2023 the
prohibition on the use of funds provided to close or abandon
United States Naval Station, Guantanamo Bay, Cuba; to
relinquish control of Guantanamo Bay to the Republic of Cuba;
or to implement a material modification to the Treaty between
the United States of America and Cuba signed at Washington,
D.C., on May 29, 1934, which modification would constructively
close United States Naval Station, Guantanamo Bay.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041--Submission of national defense strategy in classified and
unclassified form
The House bill contained a provision (sec. 1043) that would
modify section 113(g)(1)(D) of title 10, United States Code,
and require the National Defense Strategy (NDS) be submitted in
unclassified form.
The Senate amendment contained a similar provision (sec.
1061).
The agreement includes the Senate provision.
We note that when the Department of Defense (DOD)
transmitted the classified 2022 NDS to Congress, it did not
submit an unclassified summary as required by statute and as
occurred in the 2018 NDS process. Instead, the DOD provided a
short, unclassified fact sheet that summarized, in broad terms,
the main priorities of the 2022 NDS. While the Department has
since released an unclassified summary of the NDS, we note that
several months elapsed from the transmittal of the classified
NDS to Congress and the release of the unclassified summary.
This delay hampered efforts by members of Congress to explain
the National Defense Strategy to the public and debate policy
and budgetary choices within the Congress. Therefore, we
believe mandating an unclassified form of the NDS will aid
Congress in its oversight duties.
Sec. 1042--Department of Defense support for funerals and memorial
events for Members and former Members of Congress
The Senate amendment contained a provision (sec. 1049) that
would amend chapter 3 of title 10, United States Code, to
authorize the Secretary of Defense to provide support,
including transportation support, for the funeral or related
memorial events of a Member or former Member of Congress, when
requested by 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.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1043--Modification of authority for humanitarian demining
assistance and stockpiled conventional munitions assistance
The House bill contained provisions (secs. 1041 and 1209B)
that would modify section 407 of title 10, United States Code,
to remove the geographic limitation, increase the funding cap,
and allow for the payment of personnel expenses supporting
humanitarian demining assistance and stockpiled conventional
munitions assistance.
The Senate amendment contained a similar provision (sec.
1206).
The agreement includes the House provision with a
clarifying amendment.
Sec. 1044--Modification of provisions relating to anomalous health
incidents
The Senate amendment contained a provision (sec. 1042) that
would clarify the responsibilities of the Department of Defense
cross-functional team for emerging threats relating to
anomalous health incidents authorized by the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical changes to Section 732 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117--81) regarding the definition of ``covered
individuals.''
Sec. 1045--Security clearances for recently separated members of the
Armed Forces and civilian employees of the Department of
Defense
The House bill contained a provision (sec. 1042) that would
require the Secretary of Defense to treat previously held
security clearances as active within 1 year of an individual
separating from the Armed Forces or the Department of Defense,
for the purposes of follow on employment with certain
contractors.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 1046--Integrated and authenticated access to Department of Defense
systems for certain congressional staff for oversight purposes
The House bill contained a provision (sec. 1044) that would
require the Secretary of Defense to develop processes and
procedures under which the Secretary would issue common access
cards to staff of the congressional defense committees who need
such access to facilitate the performance of required
congressional oversight activities, including the provision of
by such staff to access to all Department of Defense
installations and facilities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary to develop processes
and procedures under which the Secretary would issue access
tokens to designated and authenticated staff of the
congressional defense committees to facilitate the performance
of required congressional oversight activities, including
access to designated Department of Defense information systems.
Sec. 1047--Introduction of entities in transactions critical to
national security
The House bill contained a provision (sec. 1045) that would
allow the Secretary of Defense to facilitate the introduction
of entities for purposes of discussing potential transactions
in the national security interests of the United States.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1048--Joint training pipeline between United States Navy and Royal
Australian Navy
The House bill contained a provision (sec. 1048) that would
direct the Secretary of the Defense to establish a joint
training program between the United States Navy and the Royal
Australian Navy for training submarine officers of both
countries. It would also require the Secretary of Defense to
provide a report to the congressional defense committees on a
notional initial, follow-on, and recurring training plan that
would prepare Australian submarine officers to command a
nuclear-powered submarine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make the authority for the Secretary of
Defense discretionary rather than mandatory.
Sec. 1049--Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal waterways
The House bill contained a provision (sec. 1087) that would
require the Secretary of Defense to: (1) Comply with
construction standards for sectional barges approved by the
American Bureau of Shipping; and (2) Specify a deck design with
a minimum concentrated load capacity of 10,000 pounds per
square foot.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the Secretary, to the extent
practicable, to ensure that certain solicitations include a
requirement for a design that has been approved by the American
Bureau of Shipping and prioritize prime contractors that are in
compliance with certain International Organization for
Standardization guidelines, as well as delay implementation of
the provision until December 31, 2023.
Sec. 1050--Department of Defense support for recently enacted
commissions
The Senate amendment contained a provision (sec. 1051) that
would make technical amendments to certain commissions enacted
in the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that makes certain technical and conforming changes.
Subtitle F--Studies and Reports
Sec. 1051--Modification of annual report on unfunded priorities
The Senate amendment contained a provision (sec. 1071) that
would modify the annual unfunded priorities report to include a
risk assessment submitted by the armed forces and combatant
commands.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require a detailed assessment of the risk
reduced in executing the National Defense Strategy (NDS) and
National Military Strategy (NMS) if resources are provided for
an unfunded priority. The provision also requires the Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, to provide to the congressional defense
committees an unfunded priorities report. The report must
prioritize all unfunded priorities submitted by the military
services and combatant commands according to the risk reduced
in executing the NDS and NMS.
Sec. 1052--Congressional notification of military information support
operations in the information environment
The House bill contained a provision (sec. 1068) that would
require the Secretary of Defense to provide notification not
later than 15 days before the Secretary exercises the authority
to conduct a new military information support operation in the
information environment and would require the Secretary to
provide an annual report on all such operations during such
fiscal year.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide notification to the congressional defense committees
not later than 48 hours after approving or changing the scope
of a military information support operation plan. The amendment
would also make other clarifying changes to the provision.
Sec. 1053--Modification and continuation of reporting requirement
relating to humanitarian assistance
The Senate amendment contained a provision (sec. 1208) that
would specify purposes for the humanitarian assistance
authority under section 2561 of title 10, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would restore annual reporting to appropriate
congressional committees on the use of the authority.
We strongly support the use of section 2561 of title 10,
United States Code. However, we believe the authority contained
in section 2561 of title 10, United States Code, does not
adequately define the humanitarian assistance purposes for the
use of the authority.
Therefore, not later than 90 days after enactment of this
Act, we direct the Secretary of Defense, in coordination with
the Administrator of the United States Agency for International
Development (USAID), to provide a report to the appropriate
committees on Department of Defense (DOD) humanitarian
assistance efforts, utilizing section 2561 of title 10, United
States Code, and related authorities to achieve humanitarian
assistance purposes. At a minimum, the required report shall
include:
(1) A description of the scope of DOD humanitarian
assistance efforts under section 2561 of title 10,
United States Code, including partner country recipient
entities supported and variety of environments in which
DOD provides support;
(2) The process for coordinating DOD humanitarian
assistance efforts under section 2561 of title 10,
United States Code, with USAID;
(3) An explanation of how activities under section
2561 of title 10, United States Code, can have
ancillary benefits for DOD to gain knowledge, access,
and understanding of host country capacity to conduct
humanitarian assistance missions;
(4) An explanation of how the authority helps achieve
combatant command requirements;
(5) Recommendations for modifying section 2561 of
title 10, United States Code, to more accurately
reflect the scope of DOD's use of the authority for
humanitarian assistance and to more clearly define the
humanitarian assistance objectives and purposes of the
authority; and
(6) Any other matters deemed relevant by the
Secretary or the Administrator.
For the purpose of this report, the appropriate committees
are:
(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. 1054--Briefing on Global Force Management Allocation Plan
The House bill contained a provision (sec. 1061) that would
amend section 1074(c) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to add criteria
regarding costs, risks, and strategic trade-offs associated
with major modifications to global force allocation that
deviate from the Global Force Management Allocation Plan to
that section's briefing requirement.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1055--Report and budget details regarding Operation Spartan Shield
The House bill included a provision (sec. 1067) that would
require the Inspector General of the Department of Defense to
submit quarterly reports on Operation Spartan Shield.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to section 1225 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) that would update the report required of the
Secretary of Defense to provide budgetary details for Operation
Spartan Shield and assess the objectives and activities of
Operation Spartan Shield to include: (1) A list of countries
where Task Force Spartan is operating; (2) A description of
activities undertaken by Task Force Spartan; (3) An assessment
of the effectiveness of those activities in building the
capacity of partner forces; and (4) An assessment of those
activities in bolstering the national security of the United
States and its allies and partners.
We note with concern that the Department of Defense has not
fulfilled its statutory requirements regarding informing
congressional defense committees about the activities that
comprise Operation Spartan Shield. We further note that it is
important for Congress to understand the objectives and
effectiveness of Operation Spartan Shield, including its
budget. Delays in completing this report may invite additional
oversight measures.
Sec. 1056--Annual report on civilian casualties in connection with
United States military operations
The House bill contained a provision (sec. 1071) that would
modify the annual report required by section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115--91), as amended, to include additional reporting
elements.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1057--Extension of certain reporting deadlines
The Senate amendment contained a provision (sec. 1063) that
would extend by 6 months the reporting deadlines for certain
commissions enacted in the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment to adjust the reporting deadlines for the National
Security Commission on Emerging Biotechnology and the
Commission on the National Defense Strategy by 1 year.
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
The House bill contained a provision (sec. 1062) that would
extend until December 31, 2024, an annual report required by
section 1014 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) on the coordination of
operational needs at the international borders of the United
States and would add new reporting elements regarding cost
estimates and readiness impacts. The provision would also
require quarterly briefings on the assistance provided by the
Department of Defense (DOD) to the border security mission of
the Department of Homeland Security (DHS).
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment striking the quarterly briefing requirement.
We note that a requirement for quarterly briefings relating
to DOD support to the border security mission of the DHS is
included elsewhere in this Act.
Sec. 1059--Continuation of requirement for annual report on National
Guard and reserve component equipment
The House bill contained a provision (sec. 1063) that would
repeal section 1061(c)(62) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) and
reestablish the requirement in section 10541 of title 10,
United States Code, for the annual submission of the National
Guard and Reserve Equipment Report.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
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
The House bill included a provision (sec. 1095) that would
amend section 1098(c)(1) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66) to include search
and rescue and emergency operations pertaining to wildfires as
purposes for which the Secretary of Agriculture could use
aircraft transferred under section 1098 of that Act.
The Senate amendment included a similar provision (sec.
6039B) that would amend section 1091 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239) to:
(1) Expand the authorized recipients of excess Department of
Defense aircraft to include the states; (2) Strike the limit of
seven aircraft that could be transferred under the provision;
and (3) Require an annual report by the Secretary of Defense on
aircraft transferred under the provision.
The agreement includes the Senate provision with an
amendment that would clarify that for transfers to states,
state funds would be required to pay for any charges associated
with such transfers.
Sec. 1061--Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance
The House bill contained a provision (sec. 1064) that would
require the Vice Chairman of the Joint Chiefs of Staff to
provide a risk assessment to the congressional defense
committees not later than 60 days after the date on which the
Defense Department proposes to retire or otherwise divest any
airborne intelligence, surveillance, and reconnaissance (ISR)
capabilities. The provision would require that such an
assessment be coordinated with each of the geographic combatant
commanders on the levels of operational risk posed by such ISR
divestment under a range of scenarios.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would extend the deadline for the assessment to
90 days after the proposal.
Sec. 1062--Study on military training routes and special use air space
near wind turbines
The House bill contained a provision (sec. 1076) that would
require the Department of Defense to enter into a contract with
a federally funded research and development center to study
low-level military training routes and special use airspace
near wind turbines.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 1063--Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets
The House bill contained a provision (sec. 1066) that would
require the Secretaries of the Army, Navy, and the Air Force to
each submit reports annually on the plans and progress made
with respect to the installation of safety upgrades to their
respective High Mobility Multipurpose Wheeled Vehicle fleets.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1064--Department of Defense delays in providing comments on
Government Accountability Office reports
The House bill contained a provision (sec. 1069) that would
require the Department of Defense to report on their
responsiveness to Government Accountability Office requests for
comment.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1065--Justification for transfer or elimination of certain flying
missions
The House bill contained a provision (sec. 1072) that would
require the Secretary of Defense to submit a report to the
congressional defense committees prior to relocating or
eliminating any flying mission of the Army, Navy, or Air Force,
containing the justification for and analysis supporting such
decision.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to submit
a report whenever the Department of Defense proposes to
relocate or eliminate 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.
Sec. 1066--Reports on United States military force presence in Europe
The House bill contained a provision (sec. 1075) that would
require the Commander, United States European Command, to
submit quarterly expenditure plans and reports on the use of
certain funds authorized to be appropriated for fiscal year
2023 to support planning and design for force presence on the
North Atlantic Treaty Organization's eastern flank.
The Senate amendment contained a similar provision (sec.
1235) that would require the Secretary of Defense, not later
than 120 days after the date of enactment, to submit a report
containing an assessment of United States military force
posture and resourcing requirements in Europe.
The agreement includes the Senate provision with an
amendment that would include the requirements from the House
provision, with technical adjustments.
Sec. 1067--Report on Department of Defense practices regarding
distinction between combatants and civilians in United States
military operations
The House bill contained a provision (sec. 1079A) that
would require the Secretary of Defense to enter into an
agreement with a federally funded research and development
center to conduct an independent report on Department of
Defense practices regarding distinguishing between combatants
and civilians in United States military operations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1068--Report on strategy and improvement of community engagement
efforts of Armed Forces in Hawaii
The House bill contained a provision (sec. 1079E) that
would require the Commander of the U.S. Indo-Pacific Command to
submit a report on a strategy to improve the engagement efforts
of the military with the local community in the State of Hawaii
and enhanced coordinated community engagement efforts, as
described in section 587 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81), in the State of
Hawaii.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 1069--Report on Department of Defense military capabilities in the
Caribbean
The House bill contained a provision (sec. 1079N) that
would require the Secretary of Defense, in consultation with
the Secretary of State and the Secretary of the Department of
Homeland Security, to submit a report on United States military
capabilities in the Caribbean basin.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Sec. 1070--Quarterly briefings on Department of Defense support for
civil authorities to address immigration at the southwest
border
The House bill contained a provision (sec. 1093) that would
express the sense of Congress regarding the Southwest border.
The Senate amendment contained a similar provision (sec.
1048) that included a requirement for quarterly briefings to
the Committees on Armed Services of the Senate and the House of
Representatives regarding the Defense Support to Civil
Authority mission along the southwest border, including
information on the Department of Defense's planning to address
current and anticipated border support mission requirements as
part of the Department's annual planning, programming,
budgeting, and execution process.
The agreement includes the Senate provision with a
clarifying amendment.
We note that the Department of Defense (DOD), at the
request of the Department of Homeland Security (DHS), has
contributed personnel and other support to aid the efforts of
the United States Government, including addressing the national
security threat of illicit trafficking along the U.S. southwest
border. Some 2,500 DOD personnel continue to support Customs
and Border Protection in this mission in accordance with
Defense Support to Civil Authorities. We commend the National
Guard and active duty members of the Armed Forces for their
hard work and dedication in response to this DHS request. We
also believe that enhanced bilateral security cooperation
between the United States and Mexico could contribute
significantly to addressing security concerns of mutual
interest, including illicit trafficking and other activities of
transnational criminal organizations. We urge the Department to
keep the Committees on Armed Services of the Senate and the
House of Representatives fully informed as it supports the
United States Government response to the challenges at the
southwest border.
Sec. 1071--Annual report on procurement of equipment by State and local
governments through the Department of Defense
The House bill contained a provision (sec. 1097) that would
require the Secretary of Defense to establish and maintain a
publicly available internet website that provides up-to-date
and comprehensive information on the purchase of Department of
Defense (DOD) equipment by State and local governments.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide an annual report on the purchase of DOD equipment by
State and local governments. The provision would include a
sunset on the reporting requirement under this section after 5
years.
Sec. 1072--Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds
The House bill contained a provision (sec. 1099B) that
would authorize the Secretary of Defense, acting through the
Voluntary Education Institutional Compliance Program of the
Department of Defense, to develop a risk-based survey for
oversight of covered educational institutions.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to submit
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing, not later than 180 days after
the date of enactment of this Act, on the methods it uses to
conduct 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
The Senate amendment contained a provision (sec. 1062) that
would require the Secretary of Defense to seek to enter into an
agreement with a federally funded research and development
center (FFRDC) to conduct a study assessing whether specified
statutory ethics requirements unique to the Department of
Defense (DOD) have had an impact on the hiring or retention of
personnel at the DOD, particularly those with specialized
experience and training.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would expand the FFRDC study to assess whether
specified statutory ethics requirements unique to DOD have had
an impact on the ability of DOD to detect, deter, prevent, and
redress violations of Standards of Ethical Conduct for
Employees of the Executive Branch and related statutes,
including conflicts of interest by DOD personnel.
Sec. 1074--Joint Concept for Competing
The Senate amendment contained a provision (sec. 1072) that
would require the Secretary of Defense to develop a Joint
Concept for Competing for the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1075--Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
countries
The House bill contained a provision (sec. 2808) that would
prohibit the Department of Defense from expending military
construction funds on special operations projects in
Baumholder, Germany, without issuing a national security
waiver.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the Secretary of Defense, not later
than 180 days after the date of enactment of this Act, to
report to the Committees on Armed Services of the Senate and
the House of Representatives regarding the feasibility and
advisability of hosting of U.S. military forces in certain
European countries.
Sec. 1076--Reports on effects of strategic competitor naval facilities
in Africa
The House bill contained a provision (sec. 1065) that would
require the Secretary of Defense to report on the effects on
the national security of the United States from existing or
planned Chinese and Russian naval facilities in Africa.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Subtitle G--Other Matters
Sec. 1081--Technical and conforming amendments
The House bill contained a provision (sec. 1081) that would
make technical and conforming amendments to existing law.
The Senate amendment contained no similar provision.
The agreement includes the House provision with amendments.
Sec. 1082--Department of Defense Civilian Protection Center of
Excellence
The House bill contained a provision (sec. 1085) that would
establish a Center for Excellence in Civilian Harm Mitigation
to institutionalize and advance knowledge, practices, and tools
for preventing, mitigating, and responding to civilian harm.
The Senate amendment contained a similar provision (sec.
1043).
The agreement includes the House provision with an
amendment that would establish a Civilian Protection Center of
Excellence and make other clarifying changes.
Sec. 1083--Ronald V. Dellums Memorial Fellowship in STEM
The House bill contained a provision (sec. 1082) that would
require the Secretary of Defense to establish a fellowship
program, known as the ``Ronald V. Dellums Memorial Fellowship
for Women of Color in STEAM'', to provide scholarships and
internships for eligible students from underrepresented
communities who exhibit high potential in science, technology,
engineering, arts, and mathematics.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make various technical modifications to
the scholarship program and nest it under the existing
``Science, Mathematics, and Research for Transformation (SMART)
Defense Education Program'' codified in section 4093 of title
10, United States Code.
Sec. 1084--Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport
The House bill contained a provision (sec. 5870) that would
require the Secretary of Defense to establish a commemorative
work for the members of the Armed Forces who lost their lives
in the attack on Hamid Karzai International Airport on August
26, 2021.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1085--Public availability of cost of certain military operations
The House bill contained a provision (sec. 1099K) that
would amend the reporting requirement on the cost to each U.S.
taxpayer of certain military operations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Sec. 1086--Combating military reliance on Russian energy
The House bill contained a provision (sec. 1083) that would
require the Secretary of Defense to establish for all main
operating bases in the U.S. European Command area of
responsibility an installation energy plan to reduce reliance
on Russian energy. The provision also would require a policy to
ensure that any new military base in the U.S. European Command
area of responsibility includes planning for energy security,
resilience, and mitigation to reduce reliance on Russian
energy.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1087--Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command
The House bill contained a provision (sec. 1077) that would
require the Commander of United States Indo-Pacific Command
(USINDOPACOM) to submit a report on the results of a study on
the desirability and feasibility of establishing a Joint Task
Force, a sub-unified command, or another organizational
structure to assume command and control responsibility for
contingency response in the Indo-Pacific region.
The Senate amendment contained a similar provision (sec.
1046) that would require the Commander of USINDOPACOM to
establish a standing joint force headquarters.
The agreement includes the Senate provision with an
amendment that would make clarifying changes.
Sec. 1088--National tabletop exercise
The House bill contained a provision (sec. 1099) that would
require the Secretary of Defense to conduct a tabletop exercise
designed to test the resiliency of the United States across all
aspects of national power in the event of an invasion of a
covered defense partner.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make clarifying changes.
Sec. 1089--Personnel supporting the Office of the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict
The Senate amendment contained a provision (sec. 1045) that
would require the Secretary of Defense to provide a plan for
adequately staffing the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict to
fulfill the office's responsibility for exercising authority,
direction, and control of all special operations' peculiar
administrative matters relating to the organization, training,
and equipping of special operations forces.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical changes to the provision.
Sec. 1090--Sense of Congress on redesignation of the Africa Center for
Strategic Studies as the James M. Inhofe Center for Africa
Strategic Studies
The Senate amendment contained a provision (sec. 1076) that
would express the sense of the Senate that the Africa Center
for Strategic Studies be renamed the James M. Inhofe Center for
Africa Strategic Studies.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1091--Integration of electronic warfare into Tier 1 and Tier 2
joint training exercises
The Senate amendment contained a provision (sec. 1551) that
would require the Chairman of the Joint Chiefs of Staff to
require integration of offensive and defensive electronic
warfare capabilities into Tier 1 and Tier 2 joint training
exercises, with certain requirements and a waiver option. The
provision would also include a briefing requirement and
definitions.
The House bill contained no similar provision
The agreement includes the Senate provision.
Sec. 1092--National Commission on the Future of the Navy
The House bill contained a provision (sec. 1094) that would
create a National Commission on the Future of the Navy.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 1093--Dynamic airspace pilot program
The agreement includes a provision that would require the
Administrator of the Federal Aviation Administration to carry
out a pilot program on developing, testing, and assessing
dynamic scheduling and management of special activity airspace.
LEGISLATIVE PROVISIONS NOT ADOPTED
Public availability of military commission proceedings
The House bill contained a provision (sec. 539D) that would
amend title 10, United States Code, to provide that, as to any
proceeding of a military commission that is made open to the
public, the military commission judge may order that the
proceedings be made available to be watched remotely by the
public through the internet.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Comptroller General report on use of transition programs by members of
special operations forces
The House bill contained a provision (sec. 569I) that would
require the Comptroller General of the United States to review
the use of Department of Defense (DOD) transition programs by
members assigned to special operations forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General to review the use of DOD
transition programs by members assigned to special operations
forces and provide a briefing not later than 1 year after the
date of the enactment of this Act to the Committees on Armed
Services of the Senate and the House of Representatives on the
preliminary findings of such review.
The Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the final results of such review on a date
agreed to at the time of the briefing. The review shall include
an examination of the following:
(1) The extent to which members assigned to special
operations forces participate in DOD transition
programs;
(2) What unique challenges such members face in
making the transition to civilian life and the extent
to which existing DOD transition programs address those
challenges;
(3) The extent to which the Secretary of Defense
provides such members information on transition
resources provided by non-governmental entities; and
(4) The extent to which non-governmental entities are
used by such members.
Sense of Congress relating to enlisted personnel subsistence
The House bill contained a provision (sec. 1003) that would
express the sense of Congress relating to enlisted personnel
subsistence.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress relating to the Fraud Reduction Task Force
The House bill contained a provision (sec. 1005) that would
express the sense of Congress relating to the Fraud Reduction
Task Force.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage expeditious designation of all representatives
to the Department of Defense's Fraud Reduction Task Force.
Contract requirements relating to maintenance and modernization
availabilities for certain naval vessels
The Senate amendment contained a provision (sec. 1024) that
would stipulate certain requirements for fast attack submarine
and surface ship maintenance and modernization availabilities.
The House bill contained no similar provision.
The agreement does not include this provision.
In contracting with a private sector shipyard for fast
attack submarine maintenance and modernization availabilities
that require drydocking, we urge the Secretary of the Navy to
prioritize, to the maximum extent practicable, the newest
Virginia-class submarines with as repeatable a scope of work as
possible in order to improve cost and schedule outcomes, as
well as provide greater stability, predictability, and learning
in the industrial base.
We direct the Assistant Secretary of the Navy for Research,
Development and Acquisition to submit a report to the
congressional defense committees not later than May 1, 2023, on
the long-term private sector drydocking plans of the Navy for
Arleigh Burke-class destroyers and Virginia-class submarines
beginning with those delivered to the Navy in fiscal year 2023.
Such plans shall consider acquisition and contracting
strategies that emphasize similar and repeatable scopes of work
in order to improve cost and schedule outcomes, as well as
provide greater stability, predictability, learning, and
potential for profitability in the industrial base.
Additionally, as part of such plans, the Assistant Secretary
shall evaluate the feasibility and merits of contracting for a
group of three to five drydocking periods that are the first
such periods in the life of such vessels using a multi-ship
contracting approach (e.g., the first drydocking of DDG-125,
DDG-127 and DDG-129).
Deadline for 75 percent manning fill for ships undergoing nuclear
refueling or defueling
The House bill contained a provision (sec. 1027) that would
establish an overall 75 percent minimum manning fill
requirement for U.S. Navy ships undergoing nuclear refueling or
de-fueling and any concurrent complex overhaul. It would also
establish for such ships a 75 percent minimum manning fill
requirement for the enlisted grades of E-6 and above.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Navy to conduct a review the
shipboard requirements for a ship in undergoing a refueling
complex overhaul and brief the congressional defense committees
on the results of that assessment not later than June 1, 2023.
Pending the results of that review, we encourage the Navy to
attain a fill of no less than 75 percent for ships undergoing a
refueling complex overhaul.
Prohibition on deactivation of Navy Combat Documentation Detachment 206
The House bill contained a provision (sec. 1028) that would
prohibit any funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Navy to
be obligated or expended to deactivate or prepare to deactivate
Navy Combat Documentation Detachment 206.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the importance of Navy Combat Documentation
Units in documenting the history of the United States Navy in
real time. Reservists assigned to these units have deployed to
commands around the world to document naval activity, missions,
conflicts, and other significant events. At the end of each
deployment these materials have been deposited in the Navy
Archives. We continue to support these units.
Briefing on fielding of SPEIR on all surface combatant vessels
The House bill contained a provision (sec. 1032) that would
require the Secretary of the Navy to provide to the
congressional defense committees a briefing on an assessment,
including cost, of fielding the Shipboard Passive Electro-
Optical Infrared (SPEIR) system on all surface combatant
vessels.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Navy to brief the
congressional defense committees by not later than March 1,
2023, as to an assessment, including cost, of fielding SPEIR on
all surface combatant vessels.
Report on effects of multiple award contract-multi order contracting
The House bill contained a provision (sec. 1033) that would
require the Secretary of the Navy to report on the effects of
multiple award contract-multi order contracting.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Navy to submit a report to
the congressional defense committees by not later than October
1, 2023, on the effects of multiple award contract-multi order
contracting (MAC-MO) on battle force ship availability and
maintenance costs. The report shall include the following
elements, differentiated by home port: (1) An analysis plan for
the MAC-MO strategy; (2) Lessons learned from executing the
MAC-MO strategy; (3) A description of the effects of
competition opportunities following the shift to MAC-MO; (4) An
identification of best practices from the previous multi-ship,
multi-option strategy that have been applied to the MAC-MO
strategy; (5) An assessment of current perform-to-plan metrics
and how such metrics have influenced ongoing contracting
processes; (6) An assessment of MAC-MO strategy on ship
maintenance availabilities; (7) An assessment of ship
maintenance workload predictability under the MAC-MO strategy;
(8) An identification of any planned changes to account for
schedule delays; and (9) An assessment of possible maintenance
delays due to contract award processing for availabilities that
cross fiscal years.
Congressional notification regarding pending retirement of naval
vessels viable for artificial reefing
The House bill contained a provision (sec. 1034) that would
express the sense of Congress and require a report relating to
the use of naval vessels for artificial reefing.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that the Secretary of the Navy should explore
and solicit artificial reefing opportunities with appropriate
entities for any naval vessel planned for disposal before
initiating plans to dispose of such vessel.
Award of contracts for ship repair work to non-homeport shipyards to
meet surge capacity
The House bill contained a provision (sec. 1034A) that
would allow the Secretary of the Navy to award contracts for
ship repair to non-homeport shipyards that otherwise meet the
requirements of the Navy for ship repair work in order to meet
surge capacity.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on threat posed by domestic terrorists
The House bill contained a provision (sec. 1036) that would
require the Secretary of Defense to submit to the congressional
defense committees a report that includes an evaluation of the
nature and extent of the domestic terror threat and domestic
terrorist groups.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Consideration of human rights records of recipients of support of
special operations to combat terrorism
The House bill contained a provision (sec. 1037) that would
amend section 127e of title 10, United States Code, to add
consideration of any credible information available to the
Department of State relating to violations of human rights by
foreign forces or irregular forces, groups, or individuals.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We strongly support the authority contained in section 127e
of title 10, United States Code. However, we are concerned that
written Departmental guidance may not have kept pace with
standard operating procedures for the use of the authority or
effectively captured lessons learned from the use of the
authority. Therefore, we direct the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict (ASD
SO/LIC) and the Commander of United States Special Operations
Command (USSOCOM) to review and update, as appropriate, written
guidance for the use of the 127e authority. At a minimum, this
enduring guidance should appropriately outline processes for
obtaining Chief of Mission concurrence; reporting to the
congressional defense committees; vetting of supported groups
and individuals, to the extent practicable, for human rights,
counterintelligence, force protection, and other concerns; and
other best practices. We direct the ASD SO/LIC and the
Commander of USSOCOM to provide a briefing to the congressional
defense committees, not later than 90 days after the date of
the enactment of this Act, on the results of the review and
plans for appropriately updating written guidance.
Additionally, not later than 90 days after the date of the
enactment of this Act, the ASD SO/LIC and the Commander of
USSOCOM shall provide a briefing to the congressional defense
committees on the processes used to assess, monitor, and
evaluate programs and activities under section 127e of title
10, United States Code, and section 1202 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91). At a minimum, the briefing shall include:
(1) How the Department evaluates the efficiency and
effectiveness of such programs and activities in
achieving desired outcomes;
(2) An explanation of the extent to which such
lessons are used to improve future programs and
activities carried out under such authorities;
(3) An improved assessment framework to more clearly
articulate how the individual programs and activities
are meeting the objectives of the geographical
combatant commander, to include the metrics used as
well as the process the Department uses to determine if
programs and activities should be continued; and
(4) Any other matters deemed relevant by the
Assistant Secretary and Commander.
Modifications to support of special operations for irregular warfare
The House bill contained provisions (secs. 1038 and 1331)
that would amend section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) to
require consideration of any credible information available to
the Department of State relating to gross violations of human
rights prior to providing support to foreign forces, irregular
forces, groups, or individuals under the authority and that
would codify section 1202 of the National Defense Authorization
Act for Fiscal Year 2018, as amended, by adding a new section
after section 127c of title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement does not include these provisions.
Department of Defense-Department of Veterans Affairs Discharge Review
Board Committee
The Senate amendment contained a provision (sec. 1041) that
would establish a Department of Defense-Department of Veterans
Affairs Discharge Review Board Committee to advise the Under
Secretary of Defense for Personnel and Readiness and the Deputy
Secretary of Veterans Affairs on matters relating to the review
boards under section 1553 of title 10, United States Code.
The House bill contained no similar provision.
The agreement does not include this provision.
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
The Senate amendment contained a provision (sec. 1044) that
would prohibit the Secretary of Defense from delegating the
authority to designate foreign partner forces as eligible for
the provision of collective self-defense support by U.S. Armed
Forces.
The House bill contained no similar provision.
The agreement does not include this provision.
We believe decisions related to authorized uses of U.S.
military force are foundational to the concept of civilian
control of the military. As such, we believe that any
designation of foreign partner forces as eligible for the
provision of collective self-defense that is made within the
Department of Defense should not be made, absent extraordinary
circumstances, by any officer or official lower than the
Secretary of Defense. Lastly, we believe designations of
foreign partner forces as eligible for the provision of
collective self-defense should be regularly reviewed by the
Secretary of Defense to ensure these designations remain
consistent with controlling authorities for the use of military
force, U.S. national security interests, policy, and strategic
objectives.
Repository of local nationals working for or on behalf of Federal
Government in theater of combat operations
The House bill contained a provision (sec. 1046) that would
express the sense of Congress that there are well-documented
administrative issues with current and former Special Immigrant
Visa (SIV) programs and would require the Secretary of Defense,
in coordination with the Secretary of State, to establish and
maintain a database listing all foreign nationals working for
the U.S. Government or any contractor or subcontractor of the
Department of Defense, the Department of State, or any other
agency in a theater of combat operations within 1 year of
enactment.
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
We note that administrative issues such as verification of
employment, characterization of service, personnel data, and
biographical data needed for employment by a local national
employee should not be a barrier for an applicant who has put
themselves or their family at risk by providing faithful and
valuable service in support of the U.S. Government. We further
note that in response to section 1216 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) the
Department of Defense, with the agreement of the Department of
State, provided both obstacles and recommended improvements to
the existing synchronized predeployment and operational tracker
(SPOT) database to make it a future database of historical
employment data for purposes of SIV processing for those
employed under U.S. Government contracts. The recommended
improvements could streamline the application process and
provide independent and centralized verification that an
applicant is indeed eligible for the program.
We expect a follow up briefing to the 1216 report not later
than 180 days after the date of enactment of this Act by the
Secretary of Defense, in consultation with the Secretary of
State, on what measures will be taken within interagency and
with industry to ensure the SPOT database can be a database of
historical employment data for purposes of future SIV
processing. The briefing should also: (1) Explain the process
for transitioning, updating, or adding SPOT data fields that
capture data required by employment verification of the SIV
process; (2) Mechanisms for enforcing compliance of contracting
companies to properly enter contracted personnel, specifically
local national contracted personnel, in the updated SPOT
database in compliance with applicable Defense Federal
Acquisition Regulation Supplement and associated regulations;
(3) Cost and time needed to transition the SPOT database so it
can capture data necessary for employment verification of the
SIV application; (4) Recommendations on how other Federal
agencies may utilize the SPOT database, with exceptions for the
Intelligence Community as necessary, as the source of
historical employment verification under a U.S. Government
contract for validating an individual's employment as part of
the SIV process; (5) Feasibility of the Department of State to
forego individual Employment Verification Letters and Letters
of Recommendations for employment verification during the SIV
process if the contracting company has properly filled out all
the necessary data fields in the updated SPOT database; (6)
Feasibility of contracting companies to generate annual
official employment verification letters and letters of
recommendation to local national employees for use of
employment verification for any potential future SIV
application; and (7) Any other matters the Secretaries may view
as relevant.
Transfers and pay of nonappropriated fund employees
The House bill contained a provision (sec. 1047) that would
require the Secretary of Defense, within 180 days of the date
of the enactment of this Act, to update policies and
procedures, as needed, to expedite inter-service transfers of
non-appropriated fund personnel.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Consultation of congressional defense committees in preparation of
national defense strategy
The House bill contained a provision (sec. 1050) that would
amend section 113(g)(1) of title 10, United States Code, to
allow the Secretary of Defense to seek the advice of the
congressional defense committees during the development of the
national defense strategy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that formulating defense strategy is a critical
executive function responsibility of the Department of Defense.
However, we believe it is important that the Secretary of
Defense, as well as senior defense leaders, seek out a
diversity of opinions when crafting policy, including by
consulting with congressional defense committees.
We further note that members serving on the congressional
defense committees have a distinct perspective and expertise.
For instance, members come from a myriad of backgrounds, to
include those who have previously served in uniform, or in the
government at the highest echelons within national security.
Furthermore, many members travel extensively, both domestically
and abroad. During visits to U.S. military bases and embassies,
members may acquire views on the effectiveness of U.S. policy
that are different from those of senior leaders serving in the
Department. In addition, members routinely meet with
international leaders and participate in global conferences.
The knowledge garnered from these meetings can be critical when
shaping future policy.
Finally, as the elected official charged with representing
their constituents, members will often hear directly from
citizens on issues and concerns. This feedback can be a
powerful input to senior leadership as they devise defense
policy objectives and plans.
Therefore, we expect the Secretary of Defense to seek the
advice of the congressional defense committees during the
development of the next national defense strategy.
Prohibition on use of funds for aerial fumigation in Colombia
The House bill contained a provision (sec. 1051) that would
prohibit the use of Department of Defense funds to directly
conduct, support, assist, or contribute to the performance of
the aerial fumigation of crops in Colombia.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that any Department of Defense support for
counterdrug activities in Colombia should be compliant with
Colombia's national and local laws and regulations.
Assessment of suicide risk at military installations
The House bill contained a provision (sec. 1052) that would
require the Secretary of Defense to establish a procedure for
assessing suicide risk at military installations. This
provision would also require the Secretary of Defense, not
later than 180 days after the date of the enactment of this
Act, to submit to the congressional defense committees a report
on the strategy and procedure for assessing suicide risk at
military installations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Defense Suicide Prevention Office, in
conjunction with the military services, is already working
diligently toward improving assessments of suicide risk at
military installations.
Reports on hostilities involving United States Armed Forces
The House bill contained a provision (sec. 1070) that would
require the President to transmit a report to specified
congressional committees within 48 hours after any incident in
which U.S. Armed Forces are involved in an attack or
hostilities.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Equipment of Army reserve components: annual report to Congress
The House bill contained a provision (sec. 1073) that would
add the MQ-1C Gray Eagle Extended Range unmanned aircraft
system to the annual National Guard and Reserve equipment
report.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Congress has previously directed the Secretary
of the Army to study the feasibility of equipping the Army
National Guard with MQ-1 Gray Eagle aircraft. The committee
report accompanying H.R. 5515 (H. Rept. 115-676) required a
briefing on the utility, feasibility, and cost of establishing
two MQ-1 units in the Army National Guard. The authorization of
$350.0 million for procurement of MQ-1 Gray Eagle Extended
Range aircraft for the Army National Guard can be found in the
funding tables of this Act.
We direct the Secretary of the Army to provide a report to
the congressional defense committees not later than April 15,
2023, on MQ-1 fielding, to include an update to the March 2019
study on this subject and the plan to acquire and field
aircraft funded in this legislation, assuming fiscal year 2023
appropriations are provided.
Prioritization and acceleration of investments to attain threat matrix
framework level 4 capability at training ranges supporting F-35
operations
The Senate amendment contained a provision (sec. 1073) that
would express the sense of the Senate that current Air Force
training range capabilities are insufficient for advanced F-35
training and would require the Secretary of the Air Force to
prioritize and accelerate investments to develop and upgrade
one or more training ranges to attain threat matrix framework
level 4 capability, such as peer capability, not later than
fiscal year 2026.
The House bill contained no similar provision.
The agreement does not include this provision.
We agree that the current Air Force training range
capabilities are insufficient for advanced F-35 training. We
direct the Secretary of the Air Force to develop a plan to
upgrade one or more Air Force training ranges to attain threat
matrix framework level 4 capability, with a goal of achieving
that capability not later than fiscal year 2026. The Secretary
should provide a briefing on that plan to the congressional
defense committees by not later than May 1, 2023.
Public availability of reports
The House bill contained a provision (sec. 1074) that would
direct the Secretary of Defense to make congressionally
mandated reports that are not classified available upon
request.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Assistant Secretary of Defense for
Legislative Affairs to brief the Committees on Armed Services
of the Senate and the House of Representatives, not later than
June 30, 2023, on the implementation of section 122a of title
10, United States Code. The briefing should include an update
on the progress the Department of Defense has made in
implementing section 122a and any challenges associated with
the implementation of the provision. The briefing should also
address the procedures available to members of the public in
order to request a congressional report, as well as the
procedures and criteria under which the Secretary determines
that a report should not be made publicly available.
Modification of Arctic Security Initiative
The Senate amendment contained a provision (sec. 1074) that
would establish an Arctic Security Initiative.
The House bill contained no similar provision.
The agreement does not include this provision.
Review of security assistance provided to Elie Wiesel countries
The House bill contained a provision (sec. 1079) that would
require the Secretary of Defense to conduct a review of risks
related to the provision by the Department of Defense of
security assistance to countries identified under the Elie
Wiesel Genocide and Atrocities Prevention Act of 2018 (Public
Law 115-441; 22 U.S.C. 2651 note) as being at high or medium
risk for atrocities and to provide notification if the
Secretary determines that the Department of Defense should stop
or change the security assistance provided to a country as a
result of the review.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that, in accordance with section 1210D of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283), it is the policy of
the United States that the Department of State, in coordination
with the Department of Defense and the United States Agency for
International Development, should, to the extent practicable,
incorporate efforts to identify, prevent, and respond to the
causes of atrocities, as required by section 3 of the Elie
Wiesel Genocide and Atrocities Prevention Act of 2018 (22
U.S.C. 2656 note), into security assistance and cooperation
planning and implementation for covered foreign countries.
Public availability of information about cost of United States overseas
military footprint
The House bill contained a provision (sec. 1079C) that
would require the Secretary of Defense to post on the public
Internet website of the Department of Defense the costs to each
United States taxpayer of the overseas military footprint of
the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study and report on potential inclusion of black box data recorders in
tactical vehicles
The House bill contained a provision (sec. 1079D) that
would require the Comptroller General of the United States to
conduct a study to evaluate the feasibility and advisability of
equipping all tactical vehicles of the Armed Forces with black
box data recorders and provide a report on such study to the
congressional defense committees.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Defense engagement with Native Hawaiian organizations
The House bill contained a provision (sec. 1079F) that
would require the Assistant Secretary of Defense for Energy,
Installations, and Environment to submit a report on Department
of Defense plans to identify, standardize, and coordinate best
practices with respect to consultation and engagement with the
Native Hawaiian community.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that this provision is covered elsewhere in this
Act.
FFRDC study on shipyard infrastructure optimization program efforts to
optimize, recapitalize and reconfigure facilities and
industrial plant equipment
The House bill contained a provision (sec. 1079G) that
would require the Secretary of the Navy to seek to enter into
an agreement with an appropriate federally funded research and
development center for the conduct of a detailed analysis of
the efforts of the Shipyard Infrastructure Optimization Program
to optimize, recapitalize, and reconfigure facilities and
industrial plant equipment at the Navy's public shipyard.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that a sustained commitment to a holistic approach
to shipyard infrastructure optimization is essential to both
the health of the Naval fleet and our posture worldwide.
Study on efforts of the Department of Defense to reduce the use of
single-use plastics
The House bill contained a provision (sec. 1079H) that
would require the Comptroller General of the United States to
conduct a study on the efforts of the Department of Defense to
reduce reliance on single-use plastics.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General to conduct a study on the
efforts of the Department to reduce reliance on single-use
plastics. The study shall address: (1) The extent to which the
Department collects and tracks data on its use of single-use
plastics and has set targets for reducing the use of such
plastics; (2) The status of the implementation of Department of
Defense Instruction 4715.23 and Executive Order 14057 as that
instruction and order relate to single-use plastics; (3) Any
Department-wide or military service-specific initiatives to
reduce reliance on single use plastics; (4) Any challenges that
the Department faces in reducing its reliance on single-use
plastics and possible mechanisms to address those challenges;
(5) Any recommendations to improve the Department's efforts to
reduce single-use plastics; and (6) Any other matter the
Comptroller General determines is significant and relevant to
the purposes of the study. The Comptroller General shall
provide to the congressional defense committees a briefing on
any preliminary findings of the study not later than September
1, 2023.
Report on Littoral Explosive Ordnance Neutralization program of record
The House bill contained a provision (sec. 1079I) that
would require the Commandant of the Marine Corps to provide to
the congressional defense committees a report on the Littoral
Explosive Ordnance Neutralization (LEON) program of record and
detail required elements of such report.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Navy to submit a report to
the congressional defense committees, not later than June 1,
2023, on the LEON program, including:
(1) A detailed plan of action and milestones for the
LEON program to reach full operational capability (FOC)
status;
(2) An identification of manning, training,
equipping, or funding shortfalls or other barriers that
could prevent the LEON program from achieving FOC
status; and
(3) A description of capabilities able to collect,
store, manage, and disseminate information collected by
LEON sensors.
We believe the Commandant should consider all Marine Corps
explosive ordnance disposal requirements, including those
related to very shallow water mine countermeasures.
Assessment, plan, and reports on the automated surface observing system
The House bill contained a provision (sec. 1079J) that
would direct the Secretary of Defense, in collaboration with
the Administrator of the Federal Aviation Administration and
the Under Secretary of Commerce for Oceans and Atmosphere, to
assess and develop a plan to maximize the functionality of the
automated surface observing systems across the agencies and
requires a report to the appropriate congressional committees
on the findings of the assessment and implementation plan.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We agree to direct the Secretary of Defense to submit a
report to the congressional defense committees within 1 year on
the extent and content of cooperation with the interagency
organizations concerned on remote monitoring, and whether the
Secretary has identified any areas of concern regarding whether
the Department of Defense's needs will be met by programs
underway to improve quality and timeliness data provided by
remote sensing systems.
Report on protection of members of the Armed Forces from Russian-
sponsored armed attacks
The House bill contained a provision (sec. 1079L) that
would require the Secretary of Defense to report on the actions
taken to protect members of the Armed Forces of the United
States from armed attacks conducted by militants and terrorists
in pursuit of bounties and inducements from agencies,
organizations, or entities aligned with Russia.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 1234 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) enacted related reporting
requirements regarding inducements to armed attacks against
U.S. personnel offered by agents, entities, and proxies of
Russia as part of the Annual Report on Military and Security
Developments Involving the Russian Federation, and we direct
the Secretary of Defense, not later than June 1, 2023, to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives on actions taken to
protect servicemembers and U.S. personnel from armed attacks
conducted in pursuit of bounties or inducements offered by
agencies, organizations, or entities aligned with Russia.
Report on desalinization technology
The House bill contained a provision (sec. 1079M) that
would require the Secretary of the Navy to submit a report on
the application of desalinization technology for defense and
national security purposes to provide drought relief to areas
affected by sharp declines in water resources.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We are aware of the importance of expeditionary
desalinization capabilities to crisis scenarios, including
natural disasters. Accordingly, we direct the Secretary of the
Navy to provide a report to the congressional defense
committees, not later than August 1, 2023, outlining the
current inventory and usage of desalinization systems, planned
future investments into technologies and systems, and any
current and projected future needs for expeditionary water
purification that may not be met by current and planned
capabilities.
Annual report on unfunded priorities of Defense POW/MIA Accounting
Agency
The House bill contained a provision (sec. 1079O) that
would amend Chapter 9 of title 10, United States Code, to
require the Director of the Defense POW/MIA Accounting Agency
(DPAA) to submit a report to the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the congressional
defense committees on unfunded priorities of such agency. The
provision would require the Director to submit the report not
later than 10 days after submission of the President's annual
budget request to Congress.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Secretary of Defense to fund the annual
budget of the DPAA fully to ensure the greatest possible
accounting of missing servicemembers and to provide timely,
accurate information to surviving family members.
Review of Navy study on Requirements for and Potential Benefits of
Realistically Simulating Real World and Near Peer Adversary
Submarines
The House bill contained a provision (sec. 1079P) that
would require the Secretary of the Navy to conduct a review of
a study conducted by the Navy staff to determine compliance
with congressional intent and reconcile the findings of the
study with congressional instruction provided through the
conference report (H. Rept 116-617) accompanying the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283). The provision would also direct
an addendum to such review to include views from certain
relevant commands and input from relevant training schools and
range operators.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We agree that the Secretary of the Navy should conduct the
review of the study as described in the House bill, including
obtaining the views from certain relevant commands and input
from relevant training schools and range operators.
Report on unmanned traffic management systems at military bases and
installations
The House bill contained a provision (sec. 1079Q) that
would require the Secretary of Defense to submit a report on
unmanned traffic management systems at military bases and
installations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the threat of aerial drones and unmanned aircraft to
national security. The briefing shall include an assessment of
the unmanned traffic management systems of military
installations and whether installations are adequately equipped
to detect, disable, and disarm hostile or unidentified unmanned
aerial systems.
Report on non-domestic fuel use
The House bill contained a provision (sec. 1079R) that
would require the Secretary of Defense to submit a report on
the total dollar amount the Department of Defense (DOD) spent
on fuel from non-domestic sources during the period beginning
on January 1, 2021, and ending on the date of the enactment of
this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Senate Report accompanying the National
Defense Authorization Act for Fiscal Year 2023 (S. 4543, S.
Rept. 117-130) requires a briefing on DOD's sourcing and
contracting of fuel outside the continental United States. We
direct the Director of the Defense Logistics Agency to include
the total amount the Department spent on fuel from non-domestic
sources during the period beginning on January 1, 2021, and
ending on the date of the enactment of this Act, in that
briefing.
Report on human trafficking as a result of Russian invasion of Ukraine
The House bill contained a provision (sec. 1079S) that
would require the Secretary of Defense to provide a report on
human trafficking occurring as a result of the Russian invasion
of Ukraine.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the grave importance of attention to the issue of
human trafficking in conflict zones and believe that accurate
reporting on the impact of Russia's further invasion of Ukraine
on human trafficking is essential. We expect the upcoming
edition of the State Department's annual global Trafficking In
Persons report to address this issue in depth.
Commission on Civilian Harm
The House bill contained a provision (sec. 1084) that would
establish a ``Commission on Civilian Harm.''
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
Sense of Congress regarding naming a warship the USS Fallujah
The House bill contained a provision (sec. 1086) that would
express the sense of Congress that the Secretary of the Navy
should name a warship the USS Fallujah.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding naming warships after deceased Navy Medal
of Honor recipients
The House bill contained a provision (sec. 1088) that would
express the sense of Congress that the Navy should name
warships after deceased Navy recipients of the Medal of Honor.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding the service and crew of the USS Oklahoma
City
The House bill contained a provision (sec. 1089) that would
recognize the service of the Los Angeles-class attack
submarine, the USS Oklahoma City, and the crew of the USS
Oklahoma City.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inclusion of Air Force student pilots in personnel metrics for
establishing and sustaining dining facilities at Air Education
and Training Commands
The House bill contained a provision (sec. 1091) that would
authorize the inclusion of Air Force student pilots in
personnel metrics for establishing and sustaining dining
facilities at Air Education and Training Commands.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding conduct of international naval review on
July 4, 2026
The House bill contained a provision (sec. 1092) that would
express the sense of Congress that the Navy should conduct an
international naval review on July 4, 2026, on the 250th
birthday of the Navy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Transfer of aircraft to other departments for wildfire suppression and
other purposes
The House bill contained a provision (sec. 1095) that would
allow the Department of Defense to transfer aircraft to other
departments for the purposes of aiding search and rescue
operations or emergency operations related to wildfires.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
National Museum of Intelligence and Special Operations
The House bill contained a provision (sec. 1096) that would
allow a museum that is planned to be constructed in Ashburn,
Virginia to be recognized as the National Museum of
Intelligence and Special Operations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on purchase and use by Department of Defense of location data
generated by Americans' phones and their internet metadata
The House bill contained a provision (sec. 1098) that would
require the Department of Defense to provide a report to the
appropriate congressional committees and make information
available to the public on a Department of Defense website that
identifies each Department of Defense agency that obtains a
covered records.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Under Secretary of Defense for Intelligence
and Security and the Under Secretary of Defense for Policy to
submit to the congressional defense committees not later than
180 days following the enactment of this Act a report outlining
the policies, directives, processes, and procedures in place
and under development to preserve and protect privacy and civil
liberties with regard to the purchase and use of commercial
data for intelligence activities, information operations, and
cybersecurity. The report shall also explain the steps the
Department has taken and plans to take to coordinate and align
such policies, directives, processes, and procedures with the
other departments and agencies of the Federal Government.
Greenhouse gas mitigation actions and results dashboard
The House bill contained a provision (sec. 1099A) that
would require the Secretary of Defense to establish a dashboard
on an appropriate website of the Department of Defense and make
publicly available on such dashboard relevant information on
investments in non-greenhouse gas technologies, numbers of
demonstrations completed, and information on links to
commercialization in the civilian sector.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Briefing on Guam and Northern Mariana Islands military construction
costs
The House bill contained a provision (sec. 1099C) that
would require the Secretary of Defense to provide a briefing on
Guam and the Northern Mariana Islands on the future military
construction requirements based on emerging threats in the
region, ongoing relocations of members of the Armed Forces, and
the total amount of funds obligated or expended from amounts
appropriated or otherwise made available and for implementing
the Record of Decision for the relocation of Marine Corps.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on Guam and the Northern Mariana Islands future military
construction requirements based on emerging threats in the
region, ongoing relocations of members of the Armed Forces, and
the total amount of funds obligated or expended for
implementing the Record of Decision for the relocation of
Marine Corps. The briefing shall include: (1) The projected
funding for military construction through fiscal year 2030; (2)
The projected sustainment costs associated with military
infrastructure through fiscal year 2030; and (3) Military
infrastructure requirements through fiscal year 2030 exceeding
the current funding restriction.
Resources to implement Department of Defense policy on civilian harm in
connection with United States military operations
The House bill contained a provision (sec. 1099D) that
would facilitate fulfillment of the requirements in section 936
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives not later than March 1, 2023, that provides a
detailed fiscal resourcing plan for the implementation of the
Civilian Harm Mitigation and Resource Action Plan (CHMR-AP).
The briefing should specifically detail whether the CHMR-AP is
fully resourced in fiscal year 2023 and what the out-year
resourcing requirements will be.
Availability of modular small arms range for Army Reserve in Puerto
Rico
The House bill contained a provision (sec. 1099E) that
would require the Secretary of the Army to ensure that a
modular small arms range is made available for the Army Reserve
in Puerto Rico.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Independent epidemiological analysis of health effects from exposure to
Department of Defense activities in Vieques
The House bill contained a provision (sec. 1099F) that
would require the Secretary of Defense to commission a National
Academies of Sciences study to investigate the connection
between certain toxic exposures and health effects on the
islands of Vieques, Puerto Rico.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Agency for Toxic Substances and Disease
Registry of the U.S. Department of Health and Human Services
has already conducted two studies, in 2003 and 2013, where they
found no correlation between past military activities or
environmental responses and adverse health effects to the local
population. We also note this provision goes beyond Department
of Defense activities and studies potential effects from
commercial and agricultural practices and from use of well
water during Hurricane Maria.
Participation in Federal Transportation Incentive Program
The House bill contained a provision (sec. 1099G) that
would require the Secretary of the Navy to coordinate with the
Secretary of Transportation and public shipyards to increase
participation in the Federal Transportation Incentive Program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Navy to coordinate with the
Secretary of Transportation and public shipyards to increase
participation by Federal public shipyard employees in the
Federal Transportation Incentive Program by:
(1) Identifying current challenges related to reduced
ridership and participation by Federal public shipyard
employees in the Program structure; and
(2) Implementing modifications that would reduce
impediments to use and provide incentives for increased
use by Federal public shipyard employees.
We also direct the Secretary of the Navy to provide a
briefing to the congressional defense committees, not later
than 180 days after the date of enactment of this Act, that
provides an update on the Navy's efforts to identify any
challenges and solutions, in coordination with the Secretary of
Transportation and public shipyards, to increase Federal public
shipyard employee participation in the Federal Transportation
Incentive Program.
Report on initiatives of Department of Defense to source locally and
regionally produced foods for installations of the Department
The House bill contained a provision (sec. 1099H) that
would require the Comptroller General of the United States to
submit a report on initiatives of the Department of Defense to
source locally and regionally produced foods for installations
of the Department.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the Department's current procurement practices regarding
food for consumption or distribution on installations of the
Department, including efforts by the Department to establish
and strengthen ``farm to base'' initiatives to source locally
and regionally produced foods, including seafood, for
consumption or distribution at military installations. The
briefing shall include any efforts by the Department to
collaborate with relevant Federal agencies to procure locally
and regionally produced foods, opportunities where procurement
of locally and regionally produced foods would be beneficial to
members of the Armed Forces and their families, barriers
currently preventing the Department from increasing procurement
of locally and regionally produced foods or preventing
producers from partnering with nearby military installations,
and recommendations for how the Department can improve
procurement practices to increase offerings of locally and
regionally produced foods.
Limitations on sale and use of portable heating devices on military
installations
The House bill contained a provision (sec. 1099I) that
would require the Secretary of Defense to ensure that the
following types of portable heating devices are not sold at a
commissary store or morale, welfare, and recreation retail
facility: Portable heating devices that do not comply with
applicable voluntary consumer product safety standards and
portable heating devices that do not have an automatic shutoff
function.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Training and information for first responders regarding aid for victims
of trauma-related injuries
The House bill contained a provision (sec. 1099J) that
would require the Secretary of Defense to share trauma training
and best practices for trauma care with local first responders.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We encourage the Department of Defense to collaborate with
civilian health systems and organizations representing first
responders to advance the assessment and treatment of trauma-
related injuries in local communities.
Modification of prohibition on ownership or trading of stocks in
certain companies by certain officials of the Department of
Defense
The House bill contained a provision (sec. 2818) that would
amend section 988(a) of title 10, United States Code, to
prohibit certain senior Department of Defense officials from
owning or trading a publicly traded stock of a company that,
during the preceding calendar year, received more than $1.0
billion in revenue from the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
DOD Native American boarding schools
The Senate amendment contained a provision (sec. 5302) that
would require the Secretary of Defense, within 1 year of the
date of the enactment of this Act, to brief certain
congressional committees on former Indian boarding schools or
institutions under the jurisdiction or control of the
Department of Defense.
The House bill contained no similar provision.
The agreement does not include this provision.
District of Columbia National Guard home rule
The House bill contained provisions (sec. 6251-6255) that
would amend the Act entitled ``An Act to provide for the
organization of the militia of the District of Columbia, and
for other purposes'' (sec. 49-409, D.C. Official Code) to
extend to the Mayor of the District of Columbia authority over
the National Guard of the District of Columbia in the same
manner as the authority of the governor of a State over the
National Guard of that State.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title XI--Civilian Personnel Matters
Sec. 1101--Restricted reporting option for Department of Defense
civilian employees choosing to report experiencing adult sexual
assault
The Senate amendment contained a provision (sec. 548) that
would add a new section 1599j to title 10, United States Code,
to authorize civilian employees of the Department of Defense to
make restricted reports of sexual assault for purposes of
assisting the employee in obtaining information and access to
authorized victim support services provided by the Department.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 1101) that would
amend section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
most recently amended by section 1112 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), to
extend through 2023 the authority of heads of executive
agencies to waive the limitation on the aggregate of basic and
premium pay of employees who perform work supporting certain
military or contingency operations.
The Senate amendment contained a similar provision (sec.
1108) that would further modify that provision to remove
existing geographic limitations on this authority.
The agreement includes the Senate provision.
Sec. 1103--One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone
The House bill contained a provision (sec. 1102) that would
extend by 1 year the discretionary authority of the head of a
Federal agency to provide allowances, benefits, and gratuities
comparable to those provided to members of the Foreign Service
to the agency's civilian employees on official duty in a combat
zone.
The Senate amendment contained an identical provision (sec.
1109).
The agreement includes this provision.
Sec. 1104--Standardized credentials for law enforcement officers of the
Department of Defense
The House bill contained a provision (sec. 1103) that would
require the Secretary of Defense to develop a standardized
identification credential for Department of Defense law
enforcement officers, issue such credential to each such
officer, and ensure that any Department of Defense common
access card issued to such an officer clearly identifies the
officer as a Defense law enforcement officer.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to ensure
that the Secretary of each military department develops
standardized credentials for law enforcement officers under
that Secretary's authority, and issues such credentials
accordingly.
Sec. 1105--Temporary extension of authority to provide security for
former Department of Defense officials
The House bill contained a provision (sec. 1104) that would
extend the maximum authorized period of protection for former
Department of Defense officials from 2 years to 3 years. This
section would also require the Secretary of Defense to
determine that such protection is necessary because of a
serious and credible threat to the safety of the individual for
whom protection is to be provided, rather than the current
standard of an imminent and credible threat. These changes
would expire at the end of 2023.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1106--Enhanced pay authority for certain research and technology
positions in science and technology reinvention laboratories
The House bill contained a provision (sec. 1105) that would
increase from 5 to 10 the number of research and technology
positions in each of the military department's defense
laboratories authorized for enhanced pay.
The Senate amendment contained a similar provision (sec.
1105) that would provide enhanced pay authority for certain
acquisition and technology experts in Department of Defense
science and technology laboratories.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1107--Flexible workplace programs
The House bill contained a provision (sec. 1108) that would
require the Secretary of Defense to ensure that the Secretaries
of the military departments standardize guidance related to
flexible workplace programs.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, within
120 days after the enactment of this Act, to promulgate
guidance to the military departments on flexible workplace
programs.
Sec. 1108--Eligibility of Department of Defense employees in time-
limited appointments to compete for permanent appointments
The Senate amendment contained a provision (sec. 1101) that
would amend section 3304 of title 5, United States Code, to
authorize certain current and former Department of Defense
civilian employees who are, or were, in time-limited
appointments to compete for permanent appointments within the
Department, under certain conditions.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1109--Modification to personnel management authority to attract
experts in science and engineering
The Senate amendment contained a provision (sec. 1104) that
would authorize certain programs of personnel management
authority to recruit experts in science or engineering, subject
to certain requirements and limitations.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The Senate amendment contained a provision (sec. 1106) that
would amend section 1109 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to make a
technical and conforming amendment to that section and to
extend the authority to conduct the pilot program authorized by
that section to December 31, 2027.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1111--Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by Federal
agencies
The Senate amendment contained a provision (sec. 1110) that
would amend section 573 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
extend until December 31, 2028, noncompetitive appointment
authority to certain spouses of military personnel and disabled
veterans.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1112--Modification to pilot program for the temporary assignment
of cyber and information technology personnel to private sector
organizations
The Senate amendment contained a provision (sec. 902) that
would modify section 1110(d) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) to
extend the sunset date for the Department of Defense's Cyber
Information Technology Exchange Program from September 30,
2022, to December 31, 2026.
The House bill contained no similar provision.
The agreement includes the Senate provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Employment authority for civilian faculty at certain military
department schools
The Senate amendment contained a provision (sec. 1102) that
would amend sections 7371, 8748, and 9371 of title 10, United
States Code, to add the Army University to the list of
institutions within the Army subject to the Secretary of
Defense's authority to place certain instructional employees on
administratively determined pay plans and that would repeal
exceptions to this authority in the Army, Navy, and Air Force
relative to positions at such institutions where the duration
of the principal course of instruction offered at that school
is less than 10 months.
The House bill contained no similar provision.
The agreement does not include this provision.
Modification of effective date of repeal of two-year probationary
period for employees
The Senate amendment contained a provision (sec. 1107) that
would amend section 1106 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) to extend until
December 31, 2024, the sunset of the 2-year probationary period
for new employees of the Department of Defense contained in
that section.
The House bill contained no similar provision.
The agreement does not include this provision.
Employment and compensation of civilian faculty members at Inter-
American Defense College
The Senate amendment contained a provision (sec. 1103) that
would amend section 1595 of title 10, United States Code, to
authorize the Secretary of Defense to employ and pay faculty at
the United States Element of the Inter-American Defense College
as the Secretary considers necessary.
The House bill contained no similar provision.
The agreement does not include this provision.
GAO Report on Federal Employee Paid Leave Act
The House bill contained a provision (sec. 1106) that would
require the Comptroller General of the United States to submit
a report on the results of an evaluation of the implementation
of sections 7601 through 7606 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) and
section 1103 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), and the amendments made by such Acts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General, by not later than
January 1, 2024, to submit to the Committees on Armed Services
of the Senate and the House of Representatives, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of
the Senate, a report on the implementation of sections 7601
through 7606 of the National Defense Authorization Act, section
1103 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, and the amendments made
by such Acts.
The report shall review, assess, and provide
recommendations, as appropriate, on the following:
(1) Any data collected or used by the Office of
Personnel Management on the use of paid parental leave
provided by such Acts and the amendments made by such
Acts; and
(2) Office of Personnel Management and Federal
agencies' efforts to make employees aware of paid
parental leave under such Acts and the amendments made
by such Acts, address any obstacles to the use of paid
parental leave, and monitor the impact of such Acts and
the amendments made by such Acts on hiring,
recruitment, and retention of employees.
Inflation bonus pay for certain Department of Defense civilian
employees
The House bill contained a provision (sec. 1107) that would
require the Secretary of Defense to pay a 2.4 percent inflation
bonus to civilian employees of the Department of Defense with
an annual rate of basic pay under the General Schedule equal to
$45,000 or less.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
GAO study on Federal Wage System parity with local prevailing wage rate
The House bill contained a provision (sec. 1109) that would
require the Comptroller General of the United States to review
the parity between the Federal Wage System and the prevailing
wage rate for wage grade workers who maintain or repair, or
help support those who maintain or repair U.S. Navy ships or
submarines. The Comptroller General would be required to submit
a report and a briefing to the Committees on Armed Services of
the Senate and the House of Representatives containing the
final results of such review.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General to review the parity
between the Federal Wage System and the prevailing wage rate
for wage grade workers who maintain or repair, or help support
those who maintain or repair, U.S. Navy ships or submarines and
(1) Are employed at the four U.S. Navy public
shipyards;
(2) Are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or
submarines and are in vicinity of competitive private
defense industry; or
(3) Are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or
submarines and are located within close commuting
distance from a high-income area, such that wage grade
jobs must compete with other means of employment for
workers of equivalent skill-sets and academic
achievement.
We further direct that such review include an assessment
of:
(1) The Government-wide administration of the Federal
Wage System including the regulations, policies, and
processes for establishing or modifying geographic
boundaries of local wage areas;
(2) The process of developing and administering the
local wage surveys and setting wage schedules for all
Federal Wage System workers including those discussed
in subsection (a);
(3) The use of Federal contractors to perform work
skills and occupational duties comparable to Federal
Wage System employees at the four U.S. Navy public
shipyards and domestic U.S. naval bases with facilities
to maintain or repair U.S. Navy ships or submarines;
(4) The legal framework of the Federal Wage System
and Department of Defense and Office of Personnel
Management policies as compared to the General Schedule
system, including differences in the local wage areas
for workers, such as occupational coverage, geographic
coverage, pay ranges, pay increase limits, and pay
adjustment cycles; and
(5) Provide recommendations to Congress, as
applicable, based on the findings.
Finally, we direct the Comptroller General to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, by not later than 180 days after
the date of enactment of this Act, on the preliminary findings
of such review, with a report containing the final results of
such review to be provided on a date agreed to at the time of
the briefing.
Temporary authority to appoint retired members of the Armed Forces to
Military Health System positions
The House bill contained a provision (sec. 1110) that would
amend section 1108 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) to provide temporary authority to appoint retired
servicemembers to civil service positions within the military
health system.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Purchase of retired handguns by Federal law enforcement officers
The House bill contained a provision (sec. 1111) that would
require the Administrator of General Services, not later than 1
year after the date of enactment of this Act, to establish a
program under which a Federal law enforcement officer may
purchase a retired handgun from the Federal agency that issued
the handgun to such officer.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
National Digital Reserve Corps
The House bill contained a provision (sec. 1112) that would
establish within the General Services Administration the
National Digital Reserve Corps to assist in addressing the
digital and cybersecurity needs of executive agencies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Civilian Cybersecurity Reserve pilot project at the Cybersecurity and
Infrastructure Security Agency
The Senate amendment contained a provision (sec. 6101) that
would require the Cybersecurity and Infrastructure Security
Agency to conduct a pilot program evaluating the employment of
a civilian cybersecurity reserve to aid in response to
significant cybersecurity incidents.
The House bill contained no similar provision.
The agreement does not include this provision.
Title XII--Matters Relating to Foreign Nations
BUDGET ITEMS
International Security Cooperation Programs
The budget request included $48.4 billion for Operation and
Maintenance, Defense-Wide (OMDW), of which $2.4 billion was
requested for SAG 4GTD Defense Security Cooperation Agency
(DSCA), and of which $1.4 billion is for the International
Security Cooperation Programs (ISCP) account.
We note that U.S. Africa Command (USAFRICOM) and U.S.
Southern Command (USSOUTHCOM) identified annual security
cooperation programs as unfunded requirements. In addition, we
understand that funding for security cooperation in the U.S.
Northern Command (USNORTHCOM) area of responsibility (AOR)
would be reduced under the budget request.
We further note the importance of security cooperation
programs in the U.S. European Command (USEUCOM) AOR.
Therefore, we recommend an increase of $198.5 million to
OMDW, for SAG 4GTD DSCA for the ISCP account, that includes the
following increases:
(1) $20.0 million for USAFRICOM;
(2) $20.0 million for USSOUTHCOM;
(3) $5.0 million for USNORTHCOM; and
(4) $100.0 million for USEUCOM.
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
The Senate amendment contained a provision (sec. 1203) that
would permanently codify in title 10, United States Code, the
authority provided on a temporary basis under section 1205 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) for the Secretary of Defense to pay travel,
subsistence, and other personnel expenses associated with the
participation of certain foreign personnel in a training
program conducted by Colombia under the U.S.-Colombia Action
Plan for Regional Security.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1202--Modifications to Reports on Security Cooperation
The House bill contained a provision (sec. 1201) that would
modify current reporting requirements under section 332(b)(2)
and 386 of title 10, United States Code.
The Senate amendment contained a similar provision (sec.
1202) that would amend the report required under section
331(d)(2) of title 10, United States Code.
The agreement includes the House provision with clarifying
amendments. The agreement would also amend the provision to
include the reporting modifications to section 331(d)(2) of
title 10, United States Code, and require the monitoring
reports under section 333(f) of title 10, United States Code,
be provided semi-annually rather than quarterly.
Sec. 1203--Modification of authority for participation in multinational
centers of excellence
The Senate amendment contained a provision (sec. 1204) that
would allow the Secretary of Defense to support the
participation of U.S. service members and Department of Defense
civilians at the International Special Training Centre, in
Pfullendorf, Germany, for particular purposes.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1204--Modification of existing authorities to provide for an
Irregular Warfare Center and a Regional Defense Fellowship
Program
The House bill contained a provision (sec. 1209C) that
would amend section 345 of title 10, United States Code, to
provide that in addition to the areas of combating terrorism
and irregular warfare, the Regional Defense Fellowship Program
under this section should focus training on urban warfare.
The Senate amendment contained a similar provision (sec.
1205) that would amend section 345 of title 10, United States
Code, to authorize the Secretary of Defense to operate and
administer a Center for Security Studies in Irregular Warfare
(``Irregular Warfare Center''). The provision would also
authorize the Secretary of Defense to pay costs associated with
the operation, administration, and activities of the Irregular
Warfare Center; hire personnel; and enter into partnership with
an institution of higher education in operating the Center.
The agreement includes the Senate provision with an
amendment that would clarify the authorities of the Secretary
of Defense to operate, administer, and pay costs associated
with the Irregular Warfare Center and clarify the mission of
the Center and the roles and responsibilities of relevant
Department of Defense components regarding the Irregular
Warfare Center.
We note that in addition to the areas of combating
terrorism and irregular warfare, the Regional Defense
Fellowship Program should include a focus on training on urban
warfare.
We further note that the mission of the Irregular Warfare
Center is 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. We
believe the Under Secretary of Defense for Policy and the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict should play an active role in exercising
policy oversight of the Center to ensure its activities and
research are coordinated with and integrated across the
components of the Department of Defense.
Sec. 1205--Modification to authority to provide support for conduct of
operations
The House bill contained a provision (sec. 1202) that would
increase the limitation under subsection 331(g)(1) of title 10,
United States Code, on the aggregate value of all logistic
support, supplies, and services provided for certain types of
support under that section to $950.0 million.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1206--Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United States
military operations
The House bill contained a provision (sec. 1203) that would
extend through December 31, 2023, the authority to make
Coalition Support Fund payments under section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181).
The Senate amendment contained a similar provision (sec.
1207).
The agreement includes the House provision.
Sec. 1207--Modification and extension of authority to support border
security operations of certain foreign countries
The Senate amendment contained a provision (sec. 1201) that
would extend the authority to support border security
operations of certain foreign countries through December 31,
2025.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would update the conditions by which Pakistan
would be eligible for assistance under the authority.
Sec. 1208--Security cooperation programs with foreign partners to
advance women, peace, and security
The House bill contained provisions (secs. 1206 and 5864)
that would authorize the integration of women, peace, and
security studies into security cooperation, professional
military education, and military service academies, and would
express the sense of Congress that the President of the United
States should encourage the increased participation of women in
existing programs funded by the United States Government that
provide training to foreign nationals regarding law
enforcement, the rule of law, or professional military
education.
The Senate amendment contained a similar provision (sec.
1210).
The agreement includes the Senate provision with an
amendment that would strike regional organizations with a
security mission from the list of covered personnel eligible
for security cooperation support under this authority.
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
The Senate amendment contained a provision (sec. 1211) that
would require the Secretary of Defense to review the Department
of Defense policies, guidance, and processes for implementing
the prohibition under section 362 of title 10, United States
Code, on the use of funds for assistance to units of foreign
security forces for which the Secretary has credible
information that the unit has committed a gross violation of
human rights.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1210--Independent assessment of United States efforts to train,
advise, assist, and equip the military forces of Somalia
The Senate amendment contained a provision (sec. 1212) that
would require an independent assessment of Department of
Defense efforts to train, advise, assist, and equip the
military forces of Somalia.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1211--Security cooperation activities at Counter-UAS University
The Senate amendment contained a provision (sec. 6201) that
would require the Secretary of Defense to provide a briefing on
how the Department of Defense intends to bolster security
cooperation activities with allies and partners at the Counter-
UAS University.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1212--Defense Operational Resilience International Cooperation
Pilot Program
The Senate amendment contained a provision (sec. 1209) that
would authorize the Secretary of Defense to obligate and expend
up to $10.0 million per year to carry out a Defense
Environmental International Cooperation Program to support
engagement with foreign partners on defense-related
environmental and operational energy issues in support of the
theater campaign plans of the geographic combatant commands.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary of Defense to
establish a Defense Operational Resilience International
Cooperation Pilot Program in consultation with the Secretary of
State and in coordination with the commanders of the combatant
commands and make other clarifying changes.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1221--Extension of authority for certain payments to redress
injury and loss
The House bill contained a provision (sec. 1332) that would
amend section 1213(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) to permanently extend
the authority to make ex gratia payments for damage, personal
injury, or death that is incident to combat operations of the
U.S. Armed Forces.
The Senate amendment contained a similar provision (sec.
1273) that would extend the authority to make ex gratia
payments by 1 year.
The agreement includes the Senate provision with an
amendment that would extend the authority by 10 years.
Sec. 1222--Additional matters for inclusion in reports on oversight in
Afghanistan
The House bill included a provision (sec. 1212) that would
amend section 1069 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to require additional
assessments of the status of capabilities available to conduct
over the horizon counterterrorism operations in Afghanistan.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify the requirements and scope the
assessments as to pertain only to Department of Defense
capabilities.
Sec. 1223--Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan
The House bill contained a provision (sec. 1213) that would
prohibit Department of Defense aircraft from transporting
currency or other items of value to the Taliban, the Islamic
Emirate of Afghanistan, or any subsidiary.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1231--Modification of annual report on the military capabilities
of Iran and related activities
The House bill contained a provision (sec. 1224) that would
amend section 1227 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) to make the assessment
be required annually and to include an assessment of the threat
from additional Iranian-linked groups.
The Senate amendment contained a similar provision (sec.
1225) which would amend Section 1245(b)(3) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84) to include an assessment of the threat from additional
Iranian-linked groups, an assessment of the threats from
Iranian-linked groups against United States Forces and
coalition forces located in Iraq and Syria, and an assessment
of formal or informal ties between Iranian linked groups and
Russia or China or their proxies.
The agreement includes the Senate provision with an
amendment to clarify the Iranian-linked groups that should be
included in the assessment.
Sec. 1232--Extension of authority to support operations and activities
of the Office of Security Cooperation in Iraq
The House bill contained a provision (sec. 1223) that would
extend the authority for section 1215 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) by 1
year for the Office of Security Cooperation in Iraq. The House
provision would also modify the authority to restrict funds
authorized to be appropriated for fiscal year 2023 for the
Office of the Secretary of the Army, the Office of the
Secretary of the Navy, and the Office of the Secretary of the
Air Force for travel expenses, beyond 65 percent until the date
on which a staffing plan for the Office of Security Cooperation
in Iraq is completed.
The Senate amendment contained a similar provision (sec.
1222) that extended the authority for an additional year and
would also reduce the authorized amount for the Office of
Security Cooperation in Iraq's activities by $10.0 million.
The agreement includes the House provision with an
amendment to restrict funds authorized to be appropriated for
fiscal year 2023 for the Office of the Secretary of the Air
Force for travel expenses, beyond 90 percent until the date on
which a staffing plan for the Office of Security Cooperation in
Iraq is implemented. The amended agreement includes a waiver on
the restriction of the funds if the implementation of such a
staffing plan is not feasible.
We note that progress has been made by the Office of
Security Cooperation in Iraq to move the bilateral security
relationship between the United States and Iraq to a more
normalized status. Notably, the Office has submitted to
Congress a plan for such a transition. However, the plan for
appropriate staffing to match the transition has yet to be
provided to Congress and has not been implemented. We further
note that delays in taking such steps may lead Congress to
implement further restrictions on authority for funding
activities in the future.
Sec. 1233--Extension of authority to provide assistance to vetted
Syrian groups and individuals
The House bill contained a provision (sec. 1221) that would
extend the authority granted in section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291) including the
waiver authority in subsection (l)(3)(D) through December 31,
2023.
The Senate amendment contained a similar provision (sec.
1221).
The agreement includes the Senate provision.
Sec. 1234--Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria
The House bill contained a provision (sec. 1222) that would
extend the authority for section 1236 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) including the waiver
authority in subsection (o)(5) through December 31, 2023.
The Senate amendment contained a similar provision (sec.
1223).
The agreement includes the Senate provision.
We note with concern that the Secretary of Defense has not
submitted a comprehensive strategy to train and build lasting
and sustainable military capabilities of the Iraqi Security
Forces, including the Kurdish Peshmerga, using existing
authorities, which may include a memorandum of understanding
with the Ministry of Peshmerga Affairs in coordination with the
Government of Iraq; a plan to engage the Government of Iraq and
the Kurdistan Regional Government in security sector reform and
strengthen and sustainably build the capacity of Iraq's
national defense and security institutions, including the
Kurdish Peshmerga; and a description of the current status,
capabilities, and operational capacity of remaining Islamic
State of Iraq and Syria elements active in Iraq and Syria.
We further note that the submission of such a strategy and
plan to the appropriate congressional committees by June 25,
2022 is required by law in section 1223(f) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81). We note that timely submission of this strategy and plan
is important for continued progress on U.S. regional and
national defense priorities and critical to enabling essential
congressional oversight of such strategy.
Sec. 1235--Prohibition on transfers to Iran
The House bill contained a provision (sec. 1225) that would
prohibit funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense from
being used to transfer currency or items of value to the
Government of Iran, any subsidiary of the Government of Iran,
or any agent or instrumentality of Iran.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1236--Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad
The House bill contained a provision (sec. 1229) that would
require the Secretary of State and Secretary of Defense to
submit a joint report on all Islamic Revolutionary Guard Corps-
affiliated operatives serving in diplomatic and consular posts
abroad and the ways in which the Departments of State and
Defense are working with partner nations to inform them of the
threat posed by these operatives serving in diplomatic and
consular roles in third party countries.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1237--Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats
The Senate amendment contained a provision (sec. 1224) that
would require the Secretary of Defense to submit a report
assessing the threat of missiles, rockets, and unmanned aerial
systems to United States and coalition forces in Iraq,
including the Iraqi Kurdistan region; the current air defense
capabilities and gaps; and the required training and equipment
to improve air defense capabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 1229B) that
would express the sense of Congress that the Captagon trade
linked to the regime of Bashar al-Assad in Syria is a
transnational threat and that the United States should develop
and implement an interagency strategy to deny, degrade, and
dismantle Assad-linked narcotics production and trafficking
networks.
The Senate amendment contained a similar provision (sec.
6039) which would also require the Secretary of State, in
consultation with the Secretary of Defense, the Secretary of
the Treasury, the Administrator the Drug Enforcement
Administration, the Director of National Intelligence, the
Director of the Office of National Drug Policy, and the heads
of other appropriate Federal agencies to provide a written
strategy for disrupting and dismantling narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria not later than 180 days after
enactment.
The agreement includes the Senate provision.
Sec. 1239--Prohibition on transfers to Badr Organization
The House bill contained a provision (sec. 5807) that would
prohibit the Department of Defense to make any amounts
appropriated available, directly or indirectly, to the Badr
Organization.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1240--Report on the United Nations arms embargo on Iran
The House bill contained a provision (sec. 1228) that would
require the Secretary of State in consultation with the
Secretary of Defense to submit a report assessing the United
Nations arms embargo on Iran and its effectiveness in
constraining Iran's ability to supply, sell, or transfer arms
or related material when it was in place. It would also require
details regarding the measures that the Departments of State
and Defense are taking to constrain Iranian arms proliferation
and counter the supply, sale, or transfer of weapons to or from
Iran.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Subtitle D--Matters Relating to Russia
Sec. 1241--Modification and extension of Ukraine Security Assistance
Initiative
The House bill contained a provision (sec. 1232) that would
extend by 1 year section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
authorize the Secretary of Defense to provide security
assistance and intelligence support to Ukraine; harmonize the
authority with changes made in the Consolidated Appropriations
Act, 2022 (Public Law 117-103) and subsequent Ukraine
Supplemental Appropriations; allow transfers of equipment to
replenish comparable stocks of equipment provided by allies and
partners to Ukraine; and authorize the appropriation of $1.0
billion for such purposes. The House bill also contained a
provision (sec. 1236) that would authorize funds to provide
assistance to Ukrainian military pilots and associated persons
for training, including training on fixed-wing aircraft and
other platforms as appropriate for air-to-air or air-to-ground
combat.
The Senate amendment contained a similar provision (sec.
1233).
The agreement includes the House provision with an
amendment that would extend the authority through fiscal year
2023; harmonize the authority with changes made in the
Consolidated Appropriations Act, 2022 and subsequent Ukraine
Supplemental Appropriations; allow transfers of equipment to
replenish comparable stocks of equipment provided by allies and
partners to Ukraine; and modify an element regarding the
provision of training for Ukrainian personnel on manned and
unmanned aerial capabilities to make clear that such assistance
may include items and training related to fixed- and rotary-
wing aircraft such as attack, strike, airlift, and surveillance
aircraft. The provision would also authorize the appropriation
of $800 million for such purposes. We note that the funds
authorized for the Ukraine Security Assistance Initiative via
this Act are separate from and additive to any supplemental
funds.
Additionally, we note that elsewhere in this Act there is a
requirement to provide a plan for the provision of security
assistance to the Armed Forces of Ukraine over the short and
medium term. We expect this report will cover Ukraine's aerial
capability needs over that duration and the plan to build and
improve upon such capacities.
Sec. 1242--Extension of limitation on military cooperation between the
United States and Russia
The House bill contained a provision (sec. 1231) that would
extend for 1 year section 1232(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
The provision would limit the use of fiscal year 2023 funds for
bilateral military-to-military cooperation between the
Governments of the United States and Russia until the Secretary
of Defense provides a certification relating to certain actions
by Russia.
The Senate amendment contained a similar provision (sec.
1231).
The agreement includes the Senate provision with an
amendment that would extend the prohibition for 5 years.
Sec. 1243--Modification to annual report on military and security
developments involving the Russian Federation
The House bill contained a provision (sec. 1234) that would
require the Secretary of Defense to submit an assessment of the
strategic, operational, and organizational strengths and
weaknesses of the Russian strategy for invasion and occupation
of Ukraine; modify the Annual Report on Military and Security
Developments Involving the Russian Federation to include the
impact of sanctions; and require a report on lessons learned
from Russia's further invasion of Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the Annual Report on Military and
Security Developments Involving the Russian Federation to
include the impact of sanctions on improvements to the Russian
military and its proxies.
We note that the Department is working diligently to
capture lessons learned from assistance to Ukraine and to
carefully study the conflict as an example of modern
battlefield conditions with a participating major state
competitor. We note the importance of such efforts for U.S.
planning and preparation for potential future contingencies.
Sec. 1244--Temporary authorizations related to Ukraine and other
matters
The Senate amendment contained a provision (sec. 6233) that
would provide temporary authorizations related to Ukraine and
address other Department of Defense acquisition matters.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
We recognize that the Department of Defense (DOD) would
benefit from temporary acquisition flexibilities to increase
the Department's stocks of critical munitions, provide material
and related services to allies and partners that have supported
Ukraine, and provide material and services to Ukraine. We also
support enabling the Secretary of Defense to enter into
cooperative acquisition agreements through the North Atlantic
Treaty Organization (NATO) Support and Procurement
Organization. Finally, we believe providing multi-year
procurement authority for certain munitions programs is
essential to increase the Department's stocks of such
munitions, improve warfighting readiness, provide the defense
industrial base with predictable production opportunities and
firm contractual commitments, ensure consistent funding across
the Department's Future Years Defense Program, increase and
expand defense industrial capacity, and coordinate the timing
and funding for capital expenditures with defense contractors.
We direct the head of an agency, as defined in this
section, to notify in writing the congressional defense
committees not more than 30 days after using an authority
provided in subsections (a) or (c) of this section. This
notification shall include the specific authority used, a
description of such use, reason for such use, and expected
outcome of such use.
Sec. 1245--Prohibition on availability of funds relating to sovereignty
of the Russian Federation over internationally recognized
territory of Ukraine
The House bill contained a provision (sec. 1233) that would
extend by 1 year the prohibition imposed by section 1245 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) on the use of fiscal year 2023 funds to implement
any activity that recognizes the sovereignty of Russia over
Crimea. This section would also allow the Secretary of Defense
to waive the prohibition if the Secretary determines that doing
so would be in the national security interest of the United
States and submits notification to Congress.
The Senate amendment contained similar provisions (secs.
1232, 6232, and 6234).
The agreement includes the Senate provision with an
amendment that would expand the prohibition to cover all
territory internationally recognized to be the sovereign
territory of Ukraine, including Crimea and the territory Russia
falsely claims to have annexed in Kherson Oblast, Zaporizhzhia
Oblast, Donetsk Oblast, and Luhansk Oblast.
Sec. 1246--Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine
The House bill contained a provision (sec. 1238) that would
require the Secretary of Defense to submit reports on the
Department of Defense plan for responding to Russia's invasion
of Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, in
consultation with the heads of other relevant Federal agencies,
to submit a report outlining in detail the Department of
Defense's plan for the provision of security assistance to the
Armed Forces of Ukraine in the short and medium term.
Sec. 1247--Oversight of United States assistance to Ukraine
The House bill contained provisions (secs. 1049, 1078,
1241, 1243, and 1244) with regard to oversight, accountability,
and end-use monitoring related to the U.S. Government's
response to Russia's further invasion of Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would express the sense of Congress on
oversight, transparency, accountability, and end-use monitoring
efforts. It would also require a comprehensive assessment of
the oversight arrangements established with respect to United
States assistance to Ukraine, including the organizational
framework the Inspectors General are using or planning to adopt
for oversight; whether there are any gaps in oversight; any
failures by relevant organizations to cooperate with oversight;
the oversight footprint in Europe; and relevant lessons
learned.
We direct the Inspector General of the Department of
Defense to provide the congressional defense committees, not
later than March 1, 2023, with a comprehensive briefing on the
status and findings of Inspector General oversight, reviews,
audits, and inspections of the activities conducted by the
Department of Defense responds to Russia's further invasion of
Ukraine.
We direct the Secretary of Defense, not later than March 1,
2023, to provide the congressional defense committees with a
briefing on efforts to conduct end-use monitoring and
accountability measures for defense articles provided to
Ukraine, including: Department of Defense efforts to work with
partners and allies to enhance accountability and end-use
monitoring; efforts to prevent illicit distribution or use of
such articles; and any gaps in personnel, resourcing, or
technologies to facilitate these efforts. The briefing shall
also include a discussion of any relevant lessons learned from
accountability and end-use monitoring of U.S. assistance in
Ukraine for assistance to U.S. partners in potential future
conflicts, and a discussion of the applicability of past
accountability and end-use monitoring lessons learned for
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
The House bill contained provisions (secs. 1301, 1309, and
1316) that would modify the reporting requirements for the
annual report on military and security developments involving
the People's Republic of China contained in of section 1202 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65), as amended.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would consolidate and make simplifying changes
to the reporting requirements.
We expect the required report will include analysis of the
People's Liberation Army Strategic Support Force, including
space and network systems, as appropriate.
Sec. 1252--Modification of Indo-Pacific Maritime Security Initiative to
authorize use of funds for the Coast Guard
The Senate amendment contained a provision (sec. 1243) that
would modify the Indo-Pacific Maritime Security Initiative
(MSI), authorized by section 1263 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), as
amended, to authorize the Secretary of Defense to utilize funds
under the authority to facilitate participation of U.S. Coast
Guard personnel and capabilities in the execution of training,
exercises, and other activities with foreign partners under the
MSI.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We strongly support the use of MSI in support of
multilateral initiatives to enhance maritime domain awareness
and maritime security activities of foreign partners and
information fusion centers in the Indo-Pacific, including
through the Quad's Indo-Pacific Maritime Domain Awareness
Initiative.
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
The House bill contained a provision (sec. 1315) that would
amend section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
require the Secretary of Defense to certify that China has
ceased committing ongoing genocide in China, recognized and
apologized for committing such genocide, and engaged in a
credible justice and accountability process for all victims of
such genocide prior to lifting the prohibition on China's
participation in the Rim of the Pacific naval exercises.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make clarifying changes.
Sec. 1254--Extension and modification of Pacific Deterrence Initiative
The House bill contained provisions (secs. 1305 and 1307)
that would amend section 1251 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) related to the Pacific Deterrence
Initiative (PDI) and the independent assessment of the
Commander of United States Indo-Pacific Command (USINDOPACOM).
The House bill also contained a provision (sec. 1306) that
would require a report by the Commander of USINDOPACOM
describing the support and sustainment for critical
capabilities in the USINDOPACOM area of responsibility that are
necessary to meet operational requirements in a conflict with a
strategic competitor of a duration that exceeds six months.
The Senate amendment contained a similar provision (sec.
1241) that would extend and modify the PDI.
The agreement includes a provision that would combine
relevant portions of the Senate and the House of
Representatives provisions and make other clarifying and
conforming changes.
We direct the Commander of USINDOPACOM, as part of the
briefing on the Commander's independent assessment, to provide:
(1) An assessment of the feasibility and advisability
of enhancing defense cooperation with allies and
partners in the Indo-Pacific; and
(2) A description of the support and sustainment for
critical capabilities in the USINDOPACOM area of
responsibility that are necessary to meet operational
requirements in a conflict with a strategic competitor
of a duration that exceeds six months.
We reiterate our strong support for the PDI as means to
prioritize Department of Defense efforts in support of
enhancing U.S. deterrence and defense posture, reassuring
allies and partners, and increasing readiness and capability in
the Indo-Pacific region, primarily west of the International
Date Line. The budgetary display below captures investments
included in this Act that support the objectives of the PDI.
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2023
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2022 FY 2023
Line Program Authorized Authorized
----------------------------------------------------------------------------------------------------------------
IMPROVE POSTURE AND PRESENCE
Missile Procurement, Army
0214401A Patriot Mods............................................. 6,700
Other Procurement, Army
152 Theater MSV-L ships...................................... 76,660 104,676
B00010 USARPAC MDTF M-Drive..................................... 2,500 0
0214400A IAMD Battle Command System............................... 69,000
0211700A Night Vision Devices..................................... 9,298
0214400A Sentinel Mods............................................ 91,000
0216300A Army Watercraft Esp...................................... 30,113
Procurement, Defense Wide
0208902C Guam Defense System...................................... 40,000 26,514
Operation and Maintenance, Army
111087 GFMAP Directed Missions.................................. 97,700 122,574
121034 USARPAC Processing, Exploitation, and Dissemination...... 39,000 39,000
121018 USARPAC MDTF Cloud Services.............................. 3,500 3,951
0203803A Force Readiness Operations Support....................... 939
0202218A Force Readiness Operations Support....................... 5,927
240 INDOPACOM UFR--Theater Campaigning....................... 18,790
Operation and Maintenance, Navy
1CCSINDOPACOM MISO........................................... 8,984 0
1CCSINDOPACOM UFR--MISO...................................... 28,000 0
1CCHService Support to INDOPACOM............................. 30,003 28,813
1CCMService Support to INDOPACOM (Sub-Reg Campaign Plan)..... 53,398 50,304
1CCMService Support to INDOPACOM (Other Core Missions)....... 12,593 12,695
0201490N Combatant Commanders Core Operations..................... 5,613
1CCMMPE: Service Support to Other Nations INDOPACOM.......... 16,194 16,518
1CCMINDOPACOM UFR--Critical Manpower Positions............... 4,600 0
1CCMINDOPACOM UFR--Enhanced ISR Augmentation................. 41,000 0
1D4D Missile Defense, Navy Area............................... 88,817 120,567
1A1A Unit Deployment Program.................................. 135,653 134,625
1A1A Marine Expeditionary Unit................................ 35,334 35,065
1A1A III MEF Operating Budget................................. 298,430
MISC Mission and Other Flight Operations...................... 468,120
MISC Weapons Maintenance...................................... 153
1CCMINDOPACOM UFR--Theater Campaigning....................... 18,067
Operation and Maintenance, Marine Corps
1A1A III MEF Operating Budget................................. 298,430
1A1A Operational Forces: Marine Rotational Force-Darwin....... 45,000 46,350
1A1A Unit Deployment Program.................................. 48,000 56,932
1A1A Marine Expeditionary Unit................................ 4,526 3,755
BSS1 Base Operating Support................................... 110,335
1A1A INDOPACOM UFR--Theater Campaigning....................... 14,093
Operation and Maintenance, Air Force
011A Improve Posture and Presence............................. 130,970 149,482
011C Improve Posture and Presence............................. 146,597 154,439
011M Improve Posture and Presence............................. 291,000 395,393
011W Improve Posture and Presence............................. 1,076,000 1,224,185
011Y Improve Posture and Presence............................. 819,655 798,902
011Z Improve Posture and Presence............................. 534,646 584,742
012C Improve Posture and Presence............................. 88,192 89,956
012F Improve Posture and Presence............................. 862 880
042A Improve Posture and Presence............................. 2,186 2,229
021A INDOPACOM UFR--Theater Campaigning....................... 18,917
Operation and Maintenance, Defense-Wide
011A MDA: Guam THAAD Battery & AN/TPY-2 Radar................. 12,800 12,536
011A MDA: USFK THAAD Battery & AN/TPY-2 Radar................. 13,000 8,728
011A MDA: Japan FBM TPY-2 (Radar 1 and 2)..................... 24,900 29,476
1PLR SOCPAC Operations and Support............................ 37,027 45,685
1GTM INDOPACOM UFR--Information Operations.................... 27,500
1PLR INDOPACOM UFR--Theater Campaigning....................... 9,034
Research and Development, Army
0604759A Major T&E Investment..................................... 3,109
0605457A Army Integrated Air and Missile Defense (AIAMD).......... 80,000
0605235A Strategic Mid-Range Capability........................... 5,016
Research and Development, Navy
0604601N INDOPACOM UFR--Sea Urchin powered quickstrike mines...... 10,000
0604601N INDOPACOM UFR--Hammerhead................................ 47,500
Research and Development, Air Force
0674865F Talon TACMOR Palau....................................... 42,300 0
0207325F INDOPACOM UFR--JASSM software update..................... 12,000
Research and Development, Defense-Wide
0604102C INDOPACOM UFR--Guam Defense System....................... 60,000 0
0604250D8Z INDOPACOM UFR--Sea Urchin powered quickstrike mines...... 30,000
0604102C Guam Defense Development................................. 383,486
0603892C AEGIS BMD................................................ 45,000
0603896C Ballistic Missile Defense Command & Control, Battle 20,000
Management & Comm.......................................
0603914C Ballistic Missile Defense Test........................... 7,000
0603890C BMD Enabling Programs.................................... 18,000
Subtotal, IMPROVE POSTURE AND PRESENCE................... 4,091,597 6,460,542
EXERCISES, TRAINING, EXPERIMENTATION
Other Procurement, Navy
0201490N Operating Forces Ipe..................................... 2,800
Operation and Maintenance, Army
115 Land Forces Operations Support........................... 4,419 4,722
115012 Exportable Combat Training Center Rotations.............. 234,661
114 Theater Level Assets for Exercises....................... 195,827 214,000
0305169A Servicewide Communications............................... 9,583
0202158A Echelons Above Brigade................................... 13,538
0202214A Force Readiness Operations Support....................... 25,580
0202218A Force Readiness Operations Support....................... 4,851
0202117A Maneuver Units........................................... 397,574
Operation and Maintenance, Navy
1CCMPacific Multi-Domain Training and Experimentation 66,519
Capability..............................................
1CCMINDOPACOM UFR--Pacific Multi-Domain Training and 59,410 19,000
Experimentation Capability..............................
1CCMINDOPACOM UFR--Wargaming Analytical Tools................ 88,000 22,000
1C4CWarfare Tactics.......................................... 9,000
Operation and Maintenance, Marine Corps
1A1A MARFORPAC Training Exercise Employment Plan.............. 44,071 46,593
0206312M Operational Forces....................................... 43,593
Operation and Maintenance, Air Force
011D/044A Exercises, Training, and Experimentation................. 6,998 6,210
012D Exercises, Training, and Experimentation................. 197 202
032C Exercises, Training, and Experimentation................. 588 762
033C Exercises, Training, and Experimentation................. 3,713 3,787
033D Exercises, Training, and Experimentation................. 460 469
Operation and Maintenance, Defense-Wide
0804768J Joint Chiefs of Staff--JTEEP............................. 173,000
8PL1 INDOPACOM UFR--Joint Exercise Program.................... 35,100 0
1PLR SOCPAC Exercises......................................... 22,573 18,386
Research and Development, Navy
0605853N Management, Technical, International Support............. 15,819
Research and Development, Defense-wide
0604250D8Z Advanced Innovative Technologies......................... 906,858
Subtotal, EXERCISES, TRAINING, EXPERIMENTATION........... 696,017 2,004,846
INFRASTRUCTURE IMPROVEMENTS
Military Construction, Navy
Guam P-519 X-Ray Wharf Berth 2........................... 51,900 0
Guam Joint Communication Upgrade (INC)................... 84,000 0
Japan Yokuska Pier 5 (Berths 2 and 3) (INC).............. 15,292 0
Japan Yokuska Ship Handling & Combat Training Facilities. 49,000 0
INDOPACOM UFR: PDI Planning and Design................... 68,000 50,000
Australia Aircraft Parking Apron (INC)................... 0 72,446
Hawaii Missile Magazines................................. 0 10,000
Guam Brown Tree Snake Exclusion Barrier South............ 0 14,497
Guam Ground Combat Element Inf Btn . . . Fac............. 0 69,314
Guam 9th Engineer Support Battalion Ops. Fac............. 0 35,188
Guam 9th Eng Supp Battalion Equip & Main Fac............. 0 41,590
Japan Kadena Marine Corps Barracks Complex............... 0 31,300
Japan Kadena Marine Corps Bachelor Enlisted Quarters..... 0 29,100
Planning & Design........................................ 59,700
Military Construction, Air Force
RAAF Darwin Sq Ops Facility.............................. 7,400 0
RAAF Tindal Aircraft Maint Spt Fac....................... 6,200 0
RAAF Tindal Sq Ops Facility.............................. 8,200 0
Guam LRM Anderson Airfield Dmg Repair Warehouse.......... 30,000 0
Guam LRM Anderson Hayman Munitions Storage Igloos MSA 2.. 9,824 0
Guam JRM Naderson Munitions Storage Igloos IV............ 55,000 0
Alaska JB Elmendorf-Richardson Extend Runway Inc. 1...... 79,000 0
Japan Kadena Airfield Damage Repair Storage Facility..... 38,000 0
Japan Kadena Helicopter Rescue Ops Maintenance Hangar.... 35,000 71,000
Japan Kadena Replace Munitions Structures................ 26,100 0
Japan Misawa Airfield Damage Repair Facility............. 25,000 0
Japan Yokota Construct CATM Facility..................... 25,000 0
Japan Yokota C-130J Corrosion Control Hangar............. 67,000 10,000
Planning and Design...................................... 27,200 12,424
INDOPACOM Add--Planning and Design....................... 20,000 0
Japan Kadena Theater A/C Corrosion Control Ctr (INC)..... 0 17,000
Mariana Islands Tinian Fuel Tanks w/Pipeln & Hydrant Sys 0 92,000
(INC)...................................................
Mariana Islands Tinian Airfield Development Phase 1 (INC) 0 58,000
Mariana Islands Tinian Parking Apron (INC)............... 0 41,000
Military Construction, Army
Hawaii Ammunition Storage................................ 51,000 0
Japan Vehicle Maintenance Shop........................... 0 80,000
Guam National Guard Readiness Center Addition............ 34,000 0
Planning & Design........................................ 11,000
Military Construction, Defense-Wide
Hawaii JBPHH Primary Electrical Distribution............. 0 25,000
Japan Iwakuni Fuel Pier.................................. 57,700 0
Japan Kadena Truck Unload Facilities..................... 22,300 0
Japan Kadena Operations Support Facility................. 24,000 0
Japan Misawa Additive Injection Pump and Storage Sys..... 6,000 0
Japan Yokota Hangar/AMU.................................. 33,100 0
Japan Iwakuni Bulk Storage Tanks PH 1.................... 0 85,000
Japan Yokota Bulk Storage Tanks PH 1 (INC)............... 0 44,000
Japan Yokota Operations and Warehouse Facilities......... 0 72,154
Guam Electrical Distribution System...................... 0 34,360
MDA: Planning & Design................................... 39,000
INDOPACOM Add--Exercise Related Minor Construction....... 33,360
INDOPACOM Add--Unspecified Minor MILCON.................. 16,130
Operation and Maintenance, Air Force
Infrastructure Improvements.............................. 404,265 412,350
Operation and Maintenance, Marine Corps
BSM1 Facilities Sustainment, Restoration, and Modernization... 112,136 127,167
Operation and Maintenance, Navy
4B2N Planning, Engineering, and Program Support............... 63,660
Operation and Maintenance, Defense Wide
1PLV SOCPAC Equipment Support, Operations, & Sustainment...... 5,085 2,294
Subtotal, INFRASTRUCTURE IMPROVEMENTS.................... 1,476,702 1,760,034
LOGISTICS AND PREPOSITIONING OF EQUIPMENT
Other Procurement, Army
151 Army Watercraft.......................................... 26,687 47,889
0216300A Maneuver Support Vessel (MSV)............................ 104,676
Operation and Maintenance, Army
0208031A Army Prepositioned Stocks................................ 63,457 52,652
0406030A Army Prepositioned Stocks................................ 1,587
0406029A Strategic Mobility....................................... 8,092
Operation and Maintenance, Navy
1CCHMovement Coordination Center............................. 0 4,200
1CCHINDOPACOM UFR--Movement Coordination Center.............. 500 2,400
1CCYLogistics Support Activities............................. 7,033 8,520
1D4D Logistics Support Activities............................. 53,355 49,754
Operation and Maintenance, Marine Corps
1B1B MARFORPAC Maritime Prepositioning Force--MARCORLOGCOM.... 2,206 2,568
Operation and Maintenance, Air Force
012A Improved Logistics and Prepositioning of Equipment....... 103,785 109,684
021A Improved Logistics and Prepositioning of Equipment....... 26,662 30,131
021D Improved Logistics and Prepositioning of Equipment....... 5,501 7,665
041A Improved Logistics and Prepositioning of Equipment....... 60,126 57,966
042G Improved Logistics and Prepositioning of Equipment....... 10,572 12,284
Subtotal, LOGISTICS AND PREPOSITIONING OF EQUIPMENT...... 359,884 500,068
DEFENSE AND SECURITY CAPABILITIES OF ALLIES AND PARTNERS
Other Procurement, Army
0210300A CBRN Defense............................................. 1,272
Operation and Maintenance, Air Force
834010/012F/1CCMMPE/Bices................................................ 15,050 17,120
043A Building Defense and Security Capabilities of Allies and 405 548
Partners................................................
044A Building Defense and Security Capabilities of Allies and 1,518 3,128
Partners................................................
0303150F Global C3I and Early Warning............................. 30,000
Operation and Maintenance, Army
111087 SFAB/MDTF Deployments.................................... 48,000 110,000
0202219A Force Readiness Operations Support....................... 5,000
Operation and Maintenance, Navy
1CCMMission Partner Environment.............................. 36,268
1CCMINDOPACOM UFR--Mission Partner Environment............... 50,170 0
1CCMINDOPACOM UFR--Future Fusion Centers..................... 3,300 0
1CCHCombatant Commander Core Operations...................... 19,000
1CCHINDOPACOM UFR--Asia Pacific Regional Initiative.......... 8,000
0201114N Combatant Commanders Direct Mission Support.............. 19,750
1001004N Combatant Commanders Direct Mission Support.............. 16,518
1D4D Weapons Maintenance...................................... 40,299
Operation and Maintenance, Defense-Wide
4GTD DSCA Sec. 333/332/MSI.................................... 370,095 416,393
1150491BB Special Operations Command Theater Forces................ 9,523
Subtotal, DEFENSE AND SECURITY CAPABILITIES OF ALLIES AND 488,538 732,819
PARTNERS................................................
Total.................................................... 7,112,738 11,458,309
----------------------------------------------------------------------------------------------------------------
Sec. 1255--Extension of authority to transfer funds for Bien Hoa dioxin
cleanup
The Senate amendment contained a provision (sec. 1242) that
would extend the authority of the Secretary of Defense to
transfer up to $15.0 million to the Secretary of State for the
Bien Hoa dioxin cleanup in Vietnam through fiscal year 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1256--Enhanced indications and warning for deterrence and
dissuasion
The Senate amendment contained a provision (sec. 1247) that
would require the Director of the Defense Intelligence Agency
(DIA) to establish a program to increase warning time of
potential aggression by adversary nation states together with
the establishment of a Defense Intelligence Officer for
Indications and Warning.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize the establishment of such a
program and position.
Sec. 1257--Prohibition on use of funds to support entertainment
projects with ties to the Government of the People's Republic
of China
The Senate amendment contained a provision (sec. 1253) that
would prohibit the use of funds authorized by this Act from
being used to knowingly provide active and direct support to
any film, television, or other entertainment project with
respect to which any producer or other person associated with
the project seeks pre-approval of the content of the project or
modifies the content of the project as a result of direction
from any entity of the Government of China or the Chinese
Communist Party.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make clarifying changes to the
prohibition, authorize the Secretary of Defense to waive the
prohibition if it is deemed to be in the national interest of
the United States, and require the Secretary of Defense to
issue a policy describing how the Department of Defense will
review requests for the Department to provide active or direct
support to any film, television, or other entertainment
project, including those projects that may be subject to
potential influence by 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
The House bill contained a provision (sec. 1311) that would
require the Secretary of Defense to identify and submit an
annual report regarding each entity that is an institution of
higher education domiciled in China that provides support to
the People's Liberation Army.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, not
later than September 30, 2023, to identify and submit a report
regarding each entity that is an institution of higher
education domiciled in China that provides material 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
The Senate amendment contained a provision (sec. 6341) that
would require the Secretary of State to conduct a review of
Chinese port and port-related infrastructure purchases and
investments critical to the interests and national security of
the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1260--Enhancing major defense partnership with India
The House bill contained a provision (sec. 1351) that would
express the sense of Congress that a strong United States-India
defense partnership is critical in order to advance United
States interests in the Indo-Pacific region.
The Senate amendment contained a similar provision (sec.
1246).
The agreement includes the Senate provision with an
amendment that would make clarifying changes.
Sec. 1261--Pilot program to develop young civilian defense leaders in
the Indo-Pacific region
The Senate amendment contained a provision (sec. 1248) that
would authorize the Secretary of Defense to carry out a pilot
program to enhance Department of Defense engagement with young
civilian defense and security leaders in the Indo-Pacific
region.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We note that the authorized pilot project would utilize
existing authorities available to the Department of Defense and
expect the Secretary of Defense will coordinate with the
Secretary of State, as required by those existing authorities,
in the implementation of the pilot project.
Sec. 1262--Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region
The Senate amendment contained a provision (sec. 1250) that
would require the Secretary of Defense to submit a report on
the adequacy of existing bilateral 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.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that makes technical and clarifying changes.
Sec. 1263--Statement of policy on Taiwan
The Senate amendment contained a provision (sec. 1244) that
would state that, consistent with the Taiwan Relations Act
(Public Law 96-8), it shall be the policy of the United States
to maintain the ability of the United States Armed Forces to
deny a fait accompli against Taiwan in order to deter the
People's Republic of China from using military force to
unilaterally change the status quo with Taiwan.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1264--Sense of Congress on joint exercises with Taiwan
The House bill contained provisions (secs. 1312 and 1313)
that would express the sense of Congress that the naval forces
of Taiwan should be invited to participate in the Rim of the
Pacific exercise conducted in 2024 and express the sense of
Congress regarding joint military exercises with Taiwan.
The Senate amendment contained no similar provisions.
The agreement includes the House provisions with an
amendment that would merge the provisions and make clarifying
changes.
Sec. 1265--Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region
The House bill contained provisions (sec. 1302 and 1304)
that would express the sense of Congress regarding South Korea
and India.
The Senate amendment contained similar provisions (secs.
1251 and 1252).
The agreement includes the Senate provisions with an
amendment that incorporates elements of the House provisions.
Subtitle F--Other Matters
Sec. 1271--North Atlantic Treaty Organization Special Operations
Headquarters
The Senate amendment contained a provision (sec. 1234) that
would codify in title 10, United States Code, the authority of
the Secretary of Defense to support the North Atlantic Treaty
Organization Special Operations Headquarters.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1272--Sense of Congress on NATO and United States defense posture
in Europe
The House bill contained provisions (secs. 1261, 1262,
1264, 1267, and 1268) that would express the sense of Congress
on United States defense posture in Europe following the
further invasion of Ukraine; on North Atlantic Treaty
Organization (NATO) membership for Finland and Sweden; on the
commitment of the United States to the security of the Baltic
countries; on enhancing strategic partnership, defense, and
security cooperation with Georgia; and require the Secretary of
Defense and Secretary of State to submit a joint report with an
assessment of the viability of military infrastructure in
Albania.
The Senate amendment contained similar provisions (secs.
1236, 1237, and 1238).
The agreement includes the House provisions with an
amendment that would express the sense of Congress on NATO and
U.S. defense posture in Europe, including topics addressed in
the House and Senate provisions.
We direct the Secretary of Defense, not later than August
1, 2023, to provide the Committees on Armed Services of the
Senate and the House of Representatives with a briefing on the
establishment of the forward-based U.S. Special Operations
Command Europe headquarters in Albania and its role in U.S.
European Command efforts in Southeastern Europe.
Sec. 1273--Report on Fifth Fleet capabilities upgrades
The Senate amendment contained a provision (sec. 1261) that
would require the Secretary of Defense to submit a report
assessing the capabilities upgrades necessary to enable the
Fifth Fleet to address emerging threats in its area of
responsibility and any costs associated with such upgrades.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1274--Report on use of social media by foreign terrorist
organizations
The House bill contained a provision (sec. 1079K) that
would require the Director of National Intelligence to submit
an annual report on the use of online social media platforms by
entities designated as foreign terrorist organizations for the
recruitment, fundraising, and the dissemination of information
and the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists.
The Senate amendment contained no similar provisions.
The agreement includes the House provision with an
amendment that would limit the report to a one time requirement
and clarify that information sought regarding the threat posed
to the national security of the United States by online
radicalization of terrorists and violent extremists should be
scoped to those threats stemming from entities with ties to
foreign governments or elements of foreign governments, foreign
organizations, foreign persons, or international terrorist
activities.
Sec. 1275--Report and feasibility study on collaboration to meet shared
national security interests in East Africa
The House bill contained a provision (sec. 1356) that would
require the Secretary of State to conduct a feasibility study
that determines opportunities for collaboration in the pursuit
of United States national security interests in the Horn of
Africa, the Gulf of Aden, and the broader Indo-Pacific region
and that would require the Secretary of State to submit a
classified report that contains the results of the feasibility
study.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the Secretary of State, in
consultation with the Administrator of United States Agency for
International Development (USAID), to provide a report on
assistance to Somaliland provided by the State Department and
USAID and conduct a feasibility study to determine the
feasibility and advisability of greater collaboration with the
Federal Government of Somalia and Somaliland in the pursuit of
United States defense interests and report the results to
Congress not later than June 15, 2023.
Sec. 1276--Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the United
States
The Senate amendment contained a provision (sec. 1275) that
would direct the Secretary of Defense to seek to enter into an
agreement with a federally funded research and development
center to conduct an independent assessment of resourcing,
policy, and process challenges to implementing the partnership
among Australia, the United Kingdom, and the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would add additional elements to the matters to
be considered by the federally funded research and development
center.
Sec. 1277--Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems
The House Bill contained provisions (secs. 1333 and 1334)
that would extend section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) and
modify and extend section 1278 of the National Defense
Authorization Act for Fiscal Year 2020.
The Senate amendment contained a similar provision (sec.
1272).
The agreement includes the House provision with technical
amendments.
Sec. 1278--Sense of Congress and briefing on multinational force and
observers
The House bill contained a provision (sec. 1339) that would
express the Sense of Congress that the Multinational Force and
Observers has helped strengthen stability and kept the peace in
the Sinai Peninsula and that the United States should continue
to maintain its strong support for the Multinational Force and
Observers.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1279--Briefing on Department of Defense program to protect United
States students against foreign agents
The House bill contained a provision (sec. 1352) that would
require the Secretary of Defense to provide a briefing on
Department of Defense programs to protect United States
students against foreign agents not later than 240 days after
the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification to authority to build capacity of foreign security forces
The House bill contained a provision (sec. 1204) that would
modify section 333 of title 10, United States Code, to include
capacity building of foreign national security forces for other
counter-illicit trafficking operations and operations or
activities that maintain or enhance the climate resiliency of
military or security infrastructure supporting security
cooperation programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We remain concerned about the role of illicit trafficking,
including trafficking of illegal narcotics, human trafficking,
illicit financial flows, and illegal trade in natural
resources, wildlife and fishing, as a significant source of
revenue for transnational criminal organizations (TCOs) or
near-peer rivals. Therefore, we direct the Secretary of Defense
to provide a briefing, not later than March 31, 2023, to the
Committees on Armed Services of the Senate and the House of
Representatives, on the security threat posed by illicit
trafficking, including the extent and nature of illicit
trafficking as a revenue source for TCOs and malign state
actors, and the Department of Defense's perspective on using
security cooperation authorities to address the threat from
illicit trafficking.
Further, we note that the Department of Defense authority
to address operational resilience on defense-related
environmental and operational energy issues is addressed
elsewhere in this Act.
Public report on military capabilities of China, Iran, North Korea, and
Russia
The House bill contained a provision (sec. 1205) that would
direct an annual report on the military capabilities of China,
Russia, Iran, and North Korea be produced and posted to a
publicly accessible website.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that existing Department of Defense reports on the
military capabilities of China, Iran, North Korea, and Russia
should cover, to the extent feasible, the following:
(1) An assessment of the grand strategy, security
strategy, and military strategy, including the goals
and trends of such strategies;
(2) An estimate of the funds spent annually on
developing conventional forces, unconventional forces,
and nuclear and missile forces;
(3) An assessment of the size and capabilities of the
conventional forces;
(4) An assessment of the size and capability of the
unconventional forces and related activities;
(5) With respect to proxy or other irregular forces
under the control of such country, an assessment of the
types and amount of support, including--
(a) lethal and non-lethal supplies; and
(b) training provided;
(6) An assessment of the capabilities of the nuclear
and missile forces and related activities, including--
(a) the nuclear weapon capabilities;
(b) the ballistic missile forces; and
(c) the development of the nuclear and
missile forces since the preceding year.
Strategy for security cooperation
The House bill contained a provision (sec. 1207) that would
require the Secretary of Defense to submit a strategy to
improve security partner cooperation, including seeking to
advance accurate targeting and avoid unintentionally targeting
civilians or life-sustaining civilian infrastructure.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that several provisions addressing Department of
Defense activities and programs to mitigate civilian harm in
military operations are included elsewhere in this Act.
General Thaddeus Kosciuszko Exchange Program
The House bill contained a provision (sec. 1208) that would
permit the Commander of the United States Army Special
Operations Command to carry out a training program pursuant to
section 322 of title 10, United States Code, between special
operations forces under the jurisdiction of the Commander and
special operations forces of the Polish Army to be known as the
``General Thaddeus Kosciuszko Memorial Exchange Program''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that in the committee report accompanying the
National Defense Authorization Act for Fiscal Year 2023 (H.
Rept. 117-397) the committee on Armed Services of the House of
Representatives encouraged the Commander of U.S. Special
Operations Command to consider enhancing the training
partnership with Poland by establishing a formal exchange
agreement under the authority of section 311 of Title 10,
United States Code, and, if established, it should be named the
General Thaddeus Kosciuszko Special Operations Exchange
Program.
Assessment, monitoring, and evaluation of programs and activities
The House bill contained a provision (sec. 1209) that would
require the Secretary of Defense to submit a report on the
processes that the Department of Defense uses to assess,
monitor, and evaluate programs and activities under section
127e of title 10, United States Code, and section 1202 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that there is a related reporting requirement
elsewhere in this Act.
Report on Chief of Mission concurrence
The House bill contained provisions (secs. 1209A and 1354)
that would require the Secretary of Defense to submit a report
on the processes by which chiefs of mission provide concurrence
to the exercise of the authority pursuant to section 127e of
title 10, United States Code, section 1202 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), and section 127f of title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the appropriate congressional committees on the processes by
which the Department of Defense seeks concurrence from and
coordinates with relevant chiefs of mission prior to the
exercise of the authority pursuant to section 127e of title 10,
United States Code, section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), and
section 127f of title 10, United States Code. The required
briefing shall occur not later than 90 days after the date of
the enactment of this Act.
At a minimum, the required briefing shall include:
(1) An articulation of the process by which the
Department of Defense seeks concurrence from, and
coordinates with, chiefs of mission;
(2) A description of any applicable procedures or
agreements between the Departments of Defense and State
relevant to activities conducted pursuant to the
authorities;
(3) A description of the process through which the
Department of Defense keeps relevant chiefs of mission
fully and currently informed of activities conducted
under the authorities; and
(4) Any other matters deemed relevant by the
Secretary of Defense.
For the purposes of this briefing, appropriate
congressional committees includes:
(1) The Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) The Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
Extension and modification of the Afghan Special Immigrant Visa Program
The House bill contained a provision (sec. 1211) that would
extend the authority to administer the Afghan Allies Protection
Act of 2009 (Public Law 111-8) for an additional year and
extend deadline to apply for a Special Immigrant Visa for an
additional two years.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Assessment and report on adequacy of authorities to provide assistance
to military and security forces in area of responsibility of
United States Africa Command
The Senate amendment contained a provision (sec. 1213) that
would direct the Secretary of Defense to conduct an assessment
and report on the adequacy of authorities to provide assistance
to military and security forces in the area of responsibility
of U.S. Africa Command (AFRICOM).
The House bill contained no similar provision.
The agreement does not include this provision.
We note the continuing security challenges in the AFRICOM
area of responsibility posed by metastasizing violent extremist
organizations affiliated with ISIS and al-Qaeda. We also note
that current implementation of authorities available to the
Secretary of Defense to provide support to African partners to
address these security challenges can be inefficient when
seeking to address emergent and time-sensitive requirements. We
believe that a flexible and responsive approach to security
cooperation also supports stability and governance, while
limiting the influence of competitors like China and Russia,
particularly in Africa.
Therefore, we direct the Secretary of Defense, in
consultation with the AFRICOM Commander, to conduct an
assessment on the adequacy of authorities available to the
Secretary for the purpose of providing support, including
training, equipment, supplies and services, facility and
infrastructure repair and renovation, and sustainment, to
military and other security forces of governments in the area
of responsibility of AFRICOM that are actively engaged in
defending their territory and people from the threat posed by
ISIS and al-Qaeda, and associated violent extremist
organizations.
The assessment shall, at a minimum:
(1) Identify any gaps in existing authorities and
associated resourcing that would inhibit the ability of
the Secretary to pursue AFRICOM theater campaign plan
objectives, including the ability to respond to
emergent and time-sensitive requirements;
(2) Assess existing policies, procedures, and
associated timelines used by the Department of Defense
to identify, validate, resource, and deliver support in
the AFRICOM area of responsibility;
(3) Assess the adequacy of such policies, procedures,
and associated timelines for the provision of support
to address emergent and time-sensitive challenges;
(4) Identify opportunities to streamline or otherwise
modify existing policies, procedures, and associated
timelines to expedite the delivery of such support in
the AFRICOM area of responsibility, as appropriate; and
(5) Any other matters the Secretary deems relevant.
The findings of the required assessment shall be submitted
to the Committees on Armed Services of the Senate and the House
of Representatives not later than March 30, 2023.
Report on assisting Iranian dissidents and people access
telecommunications tools
The House bill contained a provision (sec. 1226) that would
require the Secretary of State to submit a report with an
assessment of the Iranian government's ability to impose
internet shutdowns, a list of technologies that would encourage
the free flow of information to better enable the Iranian
people to communicate with each other and the outside world,
whether existing United States policy impedes the ability of
Iranians to circumvent the Iranian government's attempts to
block access to the internet, and a review of the legal
exemptions that would authorize access to information
technology.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
State Department authorization for pavilion at Expo 2025 Osaka
The House bill contained a provision (sec. 1227) that would
authorize appropriations for fiscal years 2023 and 2024 for a
United States pavilion at Expo 2025 Osaka.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Repeal of Authorization for Use of Military Force Against Iraq
Resolution of 2002
The House bill contained a provision (sec. 1229A) that
would repeal the 2002 Authorization for Use of Military Force
Against Iraq Resolution.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on efforts by the Russian Federation to expand its presence and
influence in Latin America and the Caribbean
The House bill contained a provision (sec. 1235) that would
require the Secretary of State to submit a report on Russian
efforts to expand its influence and malign presence in Latin
America.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Statement of policy
The House bill contained a provision (sec. 1237) that would
state as the policy of the United States that the NATO-Russia
Founding Act does not constrain the deployment of United States
or North Atlantic Treaty Organization (NATO) forces in any way.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that the deployment of United States and other
NATO forces in Europe should not be constrained by the NATO-
Russia Founding Act.
Prohibition on Russian participation in the G7
The House bill contained a provision (sec. 1239) that would
state the policy of the United States is to exclude Russia from
the Group of Seven or a reconstituted Group of Eight, and
prohibit the use of federal funds to support or facilitate
Russia's participation in the Group of Seven or a reconstituted
Group of Eight.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on risk of nuclear war in Ukraine
The House bill contained a provision (sec. 1242) that would
require the Secretary of Defense to provide Congress with a
risk assessment on the likelihood of the use of a nuclear
weapon as a result of the Russian invasion of Ukraine and
whether and by how much this risk increases the longer that the
war continues.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Having observed Russia's repeated, brazen nuclear threats
in support of its invasion of Ukraine, we direct the Director
of the Defense Intelligence Agency, not later than March 4,
2023, to brief the Committees on Armed Services of the Senate
and the House of Representatives on Russian nuclear activities
related to its war against Ukraine, including an accounting of
Russian nuclear activities and signaling during the conflict,
any temporary or permanent adjustments to Russian strategic and
theater nuclear posture that have occurred, and an updated
assessment of Russian nuclear doctrine and thresholds for
nuclear employment based on its conduct during its war against
Ukraine.
Cross-functional team for matters relating to the People's Republic of
China
The Senate amendment contained a provision (sec. 1249) that
would direct the Secretary of Defense to establish a cross-
functional team to integrate Department of Defense efforts to
address national security challenges posed by China using the
authority provided pursuant to section 911(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328).
The House bill contained no similar provision.
The agreement does not include this provision.
We strongly support the Department's use of cross-
functional teams to address multifaceted aspects of our long-
term strategic competition with China as a means to more
effectively integrate activities below the level of the
Secretary and Deputy Secretary.
Matters relating to climate change at NATO
The House bill contained a provision (sec. 1263) that would
direct the United States Permanent Representative to the North
Atlantic Treaty Organization (NATO) to advocate for adequate
resources towards understanding and communicating the threat
posed by climate change to allied civil security, to support
the establishment of a NATO Center of Excellence for Climate
and Security, to advocate for an in-depth critical assessment
of NATO's vulnerability to the impacts of climate change, and
to communicate the core security challenge posed by climate
change as articulated in NATO's strategic concept.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on efforts of NATO to counter misinformation and disinformation
The House bill contained provisions (secs. 1265 and 1317)
that would require the Secretary of State to submit a report on
efforts of the North Atlantic Treaty Organization (NATO) and
NATO member states to counter misinformation and disinformation
and express the sense of Congress that the United States should
prioritize efforts to enhance NATO's capacity to counter
misinformation and disinformation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the requirements in section 1265 of the House
bill were previously addressed in section 1235 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81).
Improvements to the NATO Strategic Communications Center of Excellence
The House bill contained a provision (sec. 1266) that would
require the Secretary of Defense to prioritize funding through
the North Atlantic Treaty Organization's (NATO) common budget
to enhance the capability, cooperation, and information sharing
among NATO, NATO member countries, and partners as well as
facilitate education, research and development, lessons
learned, and consultation with respect to strategic
communications and information operations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than June 1, 2023, on Department of
Defense efforts to work with the NATO Strategic Communications
Center of Excellence to improve NATO's ability to expose and
disprove malign influence and disinformation, active measures,
propaganda, and coercion and subversion activities of Russia
and China.
Restriction of entities from using Federal funds from engaging,
entering into, and awarding public works contracts
The House bill contained a provision (sec. 1269) that would
amend chapter 33 of title 40, United States Code, by
restricting entities from using Federal funds from engaging,
entering into, and awarding public works contracts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modification to United States membership in interparliamentary group
The House bill contained a provision (sec. 1270) that would
amend section 1316(b) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2001)
regarding the establishment of a 3+1 Interparliamentary Group.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on transfer of F-16 aircraft
The House bill contained a provision (sec. 1271) that would
prohibit the President from selling or authorizing a license
for export of new F-16 aircraft or F-16 upgrade technology or
modernization kits to Turkey or to any agency or
instrumentality of Turkey unless the President provides certain
certifications and reports.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe that North Atlantic Treaty Organization (NATO)
allies should not conduct unauthorized territorial overflights
of another NATO ally's airspace.
Prohibition on participation in offensive military operations against
the Houthis in Yemen
The Senate amendment contained a provision (sec. 1271) that
would prohibit support for the Saudi-led coalition's offensive
operations against the Houthis in Yemen.
The House bill contained no similar provision.
The agreement does not include this provision.
Modification of Secretary of Defense Strategic Competition Initiative
The Senate amendment contained a provision (sec. 1274) that
would clarify the authority under section 1332 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) for the Secretary of Defense to fund Department of Defense
activities and programs that advance U.S. national security
objectives for strategic competition.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that the National Defense Strategy recognizes the
critical role of managing strategic competition in today's
security environment. We direct the Secretary of Defense, not
later than March 31, 2023, to provide the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on how the Secretary might use the Initiative to
prioritize and advance U.S. interests in the strategic
competition, any challenges in seeking to use the Initiative to
achieve that objective, and recommendations, if any, for
improving the Initiative going forward.
Seize the Initiative
The House bill contained a provision (sec. 1308) that would
establish a Department of Defense initiative known as the
``Seize the Initiative Fund'' for the use of the Commander of
United States Indo-Pacific Command (USINDOPACOM) to increase
the ability of covered Armed Forces to respond to contingencies
in the Indo-Pacific.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the agreement includes approximately $1.0 billion
for USINDOPACOM unfunded requirements in support of the
Commander's ``Seize the Initiative'' concept.
Modifications to public reporting of Chinese military companies
operating in the United States
The House bill contained a provision (sec. 1310) that would
modify the information considered by the Secretary of Defense
pursuant to section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) related to a Chinese military company operating in
the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We expect the Secretary of Defense to consider information
provided jointly by the chairperson and ranking member of a
congressional defense committee in making determinations
related to Chinese military companies operating directly or
indirectly in the United States or any of its territories and
possessions.
Report on providing access to uncensored media in China
The House bill contained a provision (sec. 1321) that would
require the Secretary of State to provide Congress a classified
report on what is needed to provide access to free and
uncensored media in the Chinese market.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modification to initiative to support protection of national security
academic researchers from undue influence and other security
threats
The House bill contained a provision (sec. 1335) that would
modify the initiative to support protection of national
security academic researchers from undue influence and other
security threats, and would prohibit funds from being awarded
to entities that maintain a contract with certain Chinese or
Russian institutions.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Annual report on role of antisemitism in violent extremist movements
The House bill contained a provision (sec. 1336) that would
require the Secretary of Defense, in coordination with the
Secretary of State and the Office of the Special Envoy To
Monitor and Combat Antisemitism, to report annually on the rise
of antisemitism and the role of antisemitism in violent
extremist movements.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Use of United States-origin defense articles in Yemen
The House bill contained a provision (sec. 1337) that would
require the Secretary of State, in consultation with the
Secretary of Defense, to develop guidance for investigating
indications that United States-origin defense articles have
been used in Yemen by the Saudi-led coalition in substantial
law of war violations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Comprehensive strategy to counter gray zone operations and other hybrid
warfare methods
The House bill contained a provision (sec. 1340) that would
require the President of the United States to develop and
submit a strategy to counter gray zone operations and other
hybrid warfare methods of foreign adversaries and competitors.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the importance of proactive, interagency
efforts to counter gray zone activities and other hybrid
warfare methods below the threshold of traditional armed
conflict that run contrary to U.S. national interests.
Therefore, we direct the Secretary of Defense and the Secretary
of State, in coordination with appropriate heads of other U.S.
departments and agencies, to provide a briefing to Congress on
interagency efforts to counter gray zone activities and other
hybrid warfare methods employed by strategic competitors and
other foreign actors. At a minimum, the briefing should: (1)
Identify specific gray zone activities and other hybrid warfare
methods below the threshold of traditional armed conflict that
threaten U.S. national interests; (2) Describe the available
means among the instruments of U.S. national power for
countering those activities and methods; and (3) Describe the
interagency efforts to implement a proactive, comprehensive,
and coordinated governmental strategy for countering those
activities and methods.
Study on Department of Defense support for stabilization activities in
national security interest of the United States
The House bill contained a provision (sec. 1341) that would
require the Secretary of Defense to conduct a study on the use
and implementation of the authority of section 1210A of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that regional instability remains a source of
insecurity and a threat to U.S. national security interests. In
recent years, significant steps have been taken to address
sources of destabilization, including the interagency's
development of the Stabilization Assistance Review and
development of a Global Fragility Strategy under the Global
Fragility Act of 2019 (title V of Division J of Public Law 116-
94).
Further, we note that the Department of Defense has yet to
use the section 1210A authority to provide support for the
stabilization activities conducted by the United States
Government interagency.
Therefore, we direct the Secretary of Defense to provide a
briefing, not later than March 1, 2023, to the Committees on
Armed Services of the Senate and the House of Representatives
on the Department's approach to using the 1210A authority,
including: (1) A description of previously-submitted requests
to provide support under section 1201A; (2) The status of
current proposals for 1210A support; and (3) An assessment of
challenges for the use of the section 1210A authority going
forward.
Sense of Congress on Azerbaijan's illegal detention of Armenian
prisoners of war
The House bill contained provisions (secs. 1350 and 5874)
that would express the sense of Congress that Azerbaijan must
immediately and unconditionally return all Armenian prisoners
of war and captured civilians and would require the Secretary
of State to submit a report on United States security
assistance provided to the Government of Azerbaijan under
section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note).
The House bill also contained a provision (sec. 1343) that
would require the Secretary of Defense to submit a report on
Azerbaijan.
The Senate amendment contained no similar provision.
The agreement does not include these provisions.
We condemn the September 2022 violations of the November 9,
2020, ceasefire agreement between Armenia and Azerbaijan. The
use of force or the threat of force to pursue diplomatic or
military objectives in relation to the cease-fire agreement and
the conflict between both countries has been, and remains,
completely unacceptable. We emphatically urge the parties to
the conflict to adhere to their commitment under the agreement,
including respect for each other's sovereignty, territorial
integrity, and the inviolability of borders. We urge the
parties to the conflict to refrain from the use of force and
threats to use force and redouble efforts toward a diplomatic
resolution to the conflict.
We note positive steps taken toward peace, including the
return of 17 prisoners of war (POW) from Azerbaijan to Armenia.
Continued detention of POWs in violation of the laws of war and
international commitments is unacceptable. We call upon the
parties to abide by their commitments to return all POWs and
immediately release all captured civilians.
We call on the United States to engage at all levels with
parties to the conflict, including through the Organization for
Security and Co-operation in Europe Minsk Group process, to
make clear the importance of adhering to international
obligations and commitments.
We underscore that the report on Azerbaijan outlined in
section 1343 of the House bill is already required in statute
by section 1302 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81). The report was due 180
days after the date of enactment, but the Department of Defense
has not yet submitted the report to the relevant congressional
committees. The Department must deliver this report as soon as
possible.
Defense and diplomatic strategy for Libya
The House bill contained a provision (sec. 1344) that would
require the Secretary of State and Secretary of Defense to
submit a joint report that contains a description of the United
States defense and diplomatic strategy for Libya.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, not later than June 1,
2023, to provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on Department of
Defense support to U.S. interagency efforts in Libya.
Repeal of restriction on funding for the Preparatory Commission for the
Comprehensive Nuclear-Test-Ban Treaty Organization
The House bill contained a provision (sec. 1345) that would
repeal a restriction on funding for the Preparatory Commission
for the Comprehensive Nuclear-Test-Ban Treaty Organization.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding the boycott of certain companies that
continue to operate in Russia and provide financial benefits to
the Putin regime
The House bill contained a provision (sec. 1346) that would
express the sense of Congress regarding the boycott of certain
companies that continue to operate in Russia and provide
financial benefits to the Putin regime.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on arms trafficking in Haiti
The House bill contained a provision (sec. 1347) that would
require the Secretary of State to submit a report on arms
trafficking in Haiti.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Establishment of the Office of City and State Diplomacy
The House bill contained a provision (sec. 1348) that would
amend the State Department Basic Authorities Act of 1956
(Public Law 84-885; 22 U.S.C. 2651a) to establish within the
Department of State an Office of City and State Diplomacy.
The Senate amendment contained no similar provision.
The amendment does not include this provision.
We note that the issue of whether to establish an Office of
City and State Diplomacy within the Department of State is
addressed elsewhere in this Act.
Transfer of excess Oliver Hazard Perry class guided missile frigates to
Egypt
The House bill contained a provision (sec. 1349) that would
authorize the President to transfer to the government of Egypt
the Oliver Hazard Perry class guided missile frigates ex-USS
CARR (FFG-52) and ex-USS ELROD (FFG-55) on a grant basis if
certain conditions were met.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on efforts to combat Boko Haram in Nigeria and the Lake Chad
Basin
The House bill contained a provision (sec. 1353) that would
require the Secretary of State to submit a report on efforts to
combat Boko Haram in Nigeria and the Lake Chad Basin.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We condemn the ongoing violence and the systematic gross
human rights violations against the people of Nigeria and the
Lake Chad Basin carried out by Boko Haram. We express our
support for the people of Nigeria and the Lake Chad Basin who
wish to live in a peaceful, economically prosperous, and
democratic region. The United States must continue to support
efforts to ensure accountability for crimes against humanity
committed by Boko Haram against the people of Nigeria and the
Lake Chad Basin, particularly the young girls kidnapped from
Chibok and other internally displaced persons affected by the
actions of Boko Haram.
We direct the Secretary of Defense, not later than June 1,
2023, to brief the congressional defense committees on the
activities and initiatives undertaken by the Department of
Defense to assist the Government of Nigeria and countries in
the Lake Chad Basin to combat Boko Haram, al-Qaeda affiliates,
and other terrorist organizations while respecting and
protecting human rights and promoting respect for the rule of
law.
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
The House bill contained a provision (sec. 1355) that would
require the Comptroller General of the United States to conduct
a study on the use and implementation of the authority of
section 385 of title 10, United States Code, relating to
Department of Defense (DOD) support for other departments and
agencies of the United States Government that advance
Department of Defense security cooperation objectives.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department has not exercised the section
385 authority to support the foreign assistance programs of
other departments or agencies that advance DOD security
cooperation objectives.
We direct the Secretary of Defense, not later than March 1,
2023, to brief the Committees on Armed Services of the Senate
and the House of Representatives on DOD's use of the section
385 authority, including: (1) A discussion of prior proposals
for DOD support to other departments and agencies; (2)
Challenges encountered in considering the use of the authority;
and (3) Any recommendations for making the authority more
effective in supporting the security cooperation objectives of
the Department.
Repeal of joint resolution to promote peace and stability in the Middle
East
The House bill contained a provision (sec. 1357) that would
repeal the joint resolution of March 9, 1957, that authorized
the use of force to protect allies and partners in the Middle
East requesting assistance against armed aggression from any
country controlled by international communism.
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
Sense of Congress regarding the inclusion of sunset provisions in
authorizations for use of military force
The House bill contained a provision (sec. 1358) that would
express the sense of Congress regarding sunset provisions in
authorizations for use of military force.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Unpaid Peruvian agrarian reform bonds
The House bill contained a provision (sec. 1360) that would
urge the Secretary of State to take action concerning unpaid
Peruvian agrarian reform bonds.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Briefing on supporting Government of Ukraine to mitigate, treat, and
rehabilitate traumatic extremity injuries and traumatic brain
injuries of Ukrainian soldiers
The Senate amendment contained a provision (sec. 6231) that
would require the Secretary of Defense to provide a briefing on
whether there are opportunities for the Extremity Trauma and
Amputation Center of Excellence or the National Intrepid Center
of Excellence of the Department of Defense to support the
Government of Ukraine to mitigate, treat, and rehabilitate
traumatic extremity injuries and traumatic brain injuries of
Ukrainian soldiers.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that the treatment and rehabilitation of severely
wounded Ukrainian soldiers is of paramount importance to the
United States and Ukraine as Ukraine continues to valiantly
repulse an unprovoked invasion of its sovereignty by Russia. We
applaud efforts by the Secretary of Defense to provide
treatment in medical facilities of the United States Armed
Forces through the Secretarial Designee Program. We therefore
encourage the Secretary to continue working with defense
officials of Ukraine, and as necessary with other governmental
and private sources, to fund transportation, lodging, meals,
caretakers, and any other nonmedical expenses necessary in
connection with treatment for severely wounded Ukrainian
soldiers.
We direct the Secretary of Defense, not later than March
31, 2023, to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on
whether there is an appropriate role for the Extremity Trauma
and Amputation Center of Excellence or the National Intrepid
Center of Excellence of the Department of Defense in helping
the Government of Ukraine to mitigate, treat, and rehabilitate
traumatic extremity injuries and traumatic brain injuries
sustained in Ukraine. The briefing shall include the following:
(1) An assessment of the extent to which the
Extremity Trauma and Amputation Center of Excellence
and the National Intrepid Center of Excellence of the
Department of Defense can facilitate relevant
scientific research aimed at saving injured
extremities, avoiding amputations, and preserving and
restoring the function of injured extremities for the
purpose of addressing the current medical needs of
Ukraine;
(2) An identification of specific activities such
Centers could feasibly undertake to improve and enhance
the efforts of the Government of Ukraine in the
mitigation, treatment, and rehabilitation of traumatic
extremity injuries and traumatic brain injuries; and
(3) A determination on whether there are other
government agencies, institutions of higher education,
or public or private entities, including international
entities, with which such Centers could partner for the
purpose of supporting the Government of Ukraine in such
efforts.
Special Envoy to the Pacific Islands Forum
The Senate amendment included a provision (sec. 6242) that
would amend section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a) to include a Special Envoy to the
Pacific Islands Forum.
The House bill contained no similar provision.
The agreement does not include this provision.
Title XIV--Other Authorizations
Subtitle A--Military Programs
Sec. 1401--Working capital funds
The House bill contained a provision (sec. 1401) that would
authorize appropriations for Defense working capital funds at
the levels identified in section 4501 of division D of this
Act.
The Senate amendment contained an identical provision (sec.
1401).
The agreement includes this provision.
Sec. 1402--Chemical agents and munitions destruction, defense
The House bill contained a provision (sec. 1402) that would
authorize appropriations for Chemical Agents and Munitions
Destruction, Defense at the levels identified in section 4501
of division D of this Act.
The Senate amendment contained an identical provision (sec.
1402).
The agreement includes this provision.
Sec. 1403--Drug interdiction and counter-drug activities, defense-wide
The House bill contained a provision (sec. 1403) that would
authorize appropriations for Drug Interdiction and Counter-Drug
Activities, Defense-wide at the levels identified in section
4501 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1403).
The agreement includes this provision.
Sec. 1404--Defense Inspector General
The House bill contained a provision (sec. 1404) that would
authorize appropriations for the Office of the Inspector
General of the Department of Defense at the levels identified
in section 4501 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1404).
The agreement includes this provision.
Sec. 1405--Defense health program
The House bill contained a provision (sec. 1405) that would
authorize appropriations for the Defense Health Program at the
levels identified in section 4501 of division D of this Act.
The Senate amendment contained an identical provision (sec.
1405).
The agreement includes this provision.
Subtitle B--National Defense Stockpile
Sec. 1411--Reform of the Strategic and Critical Materials Stock Piling
Act
The House bill contained a provision (sec. 811) that would
add a senior official of the Coast Guard to the Strategic
Materials Protection Board on issues relating to the Coast
Guard.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would repeal section 187 of title 10, United
States Code, and establish a Strategic and Critical Materials
Board of Directors.
Sec. 1412--Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act
The House bill contained a provision (sec. 1421) that would
modify the authority of the National Defense Stockpile Manager
to acquire materials for the National Defense Stockpile to
address stockpile shortfalls.
The Senate amendment contained a similar provision (sec.
1411).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1413--Briefings on shortfalls in National Defense Stockpile
The Senate amendment contained a provision (sec. 1412) that
would amend section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5) to require the National
Defense Stockpile Manager to submit a briefing on strategic and
critical materials shortfalls.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1414--Authority to acquire materials for the National Defense
Stockpile
The Senate amendment contained a provision (sec. 1413) that
would authorize the National Defense Stockpile Manager to use,
of the funds appropriated for the National Defense Stockpile
Transaction Fund, $1.0 billion for the acquisition of materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1415--Department of Defense readiness to support prolonged
conflict
The House bill contained a provision (sec. 1413) that would
establish a study and pilot program regarding semiconductors
and the National Defense Stockpile, and provide for an
associated report.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that requires a study on energy storage and
electronic components necessary to sustain combat operations
against the pacing threat outlined in the National Defense
Strategy.
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
The House bill contained a provision (sec. 1411) that would
authorize the Secretary of Defense to transfer $168.0 million
to the joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund for the operations
of the Captain James A. Lovell Health Care Center, Illinois.
The Senate amendment contained a similar provision (sec.
1422).
The agreement includes the House provision.
Sec. 1422--Authorization of appropriations for Armed Forces Retirement
Home
The House bill contained a provision (sec. 1412) that would
authorize fiscal year 2023 appropriations of $152.4 million for
operations, maintenance, construction and renovation of the
Armed Forces Retirement Home.
The Senate amendment contained a similar provision (sec.
1421).
The agreement includes the House provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on feasibility of increasing quantities of rare earth permanent
magnets in National Defense Stockpile
The House bill contained a provision (sec. 1415) that would
require the Secretary of Defense to submit a report on the
feasibility of increasing the quantity of rare earth permanent
magnets in the National Defense Stockpile to support United
States defense requirements.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study on stockpiling energy storage components
The House bill contained a provision (sec. 1416) that would
require the Comptroller General of the United States to submit
a study on the viability of establishing a stockpile of the
materials required to manufacture batteries, battery cells, and
other energy storage components to meet national security
requirements in the event of a national emergency (as defined
in section 12 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-3)).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that these issues are addressed elsewhere in this
Act.
Report on modifications to the national technology and industrial base
The House bill contained a provision (sec. 1422) that would
require the Secretary of Defense to submit a report on the
benefits and risks of potential legislative proposals to
increase the availability of strategic and critical materials
that are, as of the date of the enactment of this Act, sourced
primarily from China or Russia.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on impact of global critical mineral and metal reserves on
United States military equipment supply chains
The Senate amendment contained a provision (sec. 6022) that
would require the Secretary of Defense to submit a report on
the impact of global critical mineral and metal reserves on
United States military equipment supply chains.
The House bill contained no similar provision
The agreement does not include this provision.
We note that the reporting requirements with respect to
critical minerals and metals are addressed in recurring reports
to Congress. To supplement those reports, however, we direct
the Under Secretary of Defense for Acquisition and Sustainment
to brief the Committees on Armed Services of the Senate and the
House of Representatives on the feasibility of public-private
partnerships to foster supply chain resilience through
strategic investments, not later than March 1, 2024, and
provide an assessment of the efforts of China and Russia to
acquire global reserves of critical minerals and metals,
including reserves of lithium, tungsten, tantalum, cobalt, and
molybdenum. The briefing shall include: (1) An assessment of
the feasibility of engagement initiated by the Department of
Defense with public-private partnerships to consult and
coordinate in a concerted effort to improve information sharing
with respect to development and mining projects, production
technologies, and refining facilities relating to securing
supply chains of critical minerals and metal reserves; (2) An
assessment of the feasibility of loan guarantees to enable
investments in development and mining projects, production
technologies, and refining facilities relating to securing
supply chains of critical minerals and metal reserves; and (3)
Any other related matters the Under Secretary deems appropriate
to include.
Title XV--Cyber and Information Operations Matters
Subtitle A--Cyber Matters
Sec. 1501--Improvements to Principal Cyber Advisors
The House bill contained a provision (sec. 1501) that would
authorize the Principal Cyber Advisor of the Department of
Defense to certify the portions of the Department's Cyberspace
Activities Budget not covered by the review conducted by the
Department of Defense Chief Information Officer under section
142(b)(2) of title 10, United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical edits to the certification
requirement.
Sec. 1502--Annual reports on support by military departments for United
States Cyber Command
The House bill contained a provision (sec. 1531) that would
require the Commander of U.S. Cyber Command to certify to the
congressional defense committees that the military departments
had fulfilled the criteria and met the requirements related to
each military department's support for cyberspace operations
and validated cyberspace-related requirements.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the report required.
Sec. 1503--Modification of office of primary responsibility for
strategic cybersecurity program
The House bill contained a provision (sec. 1502) that would
modify section 1640(c) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to enable the
Secretary of Defense to designate a principal staff assistant
from within the Office of the Secretary of Defense to serve as
the office of primary responsibility for the Strategic
Cybersecurity Program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical edits.
Sec. 1504--Tailored cyberspace operations organizations
The House bill contained a provision (sec. 1536) that would
amend 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) to include briefing requirements for
the Secretaries of the military services and the Assistant
Secretary of Defense for Special Operations and Irregular
Warfare to the congressional defense committees, not later than
July 1, 2023, on Tailored Cyberspace Operations. It would also
include reporting requirements for the Secretary of the Air
Force to congressional defense committees, not later than July
1, 2023, on the activities of the Navy Cyber Warfare
Development Group.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make additional modifications to the
underlying provision, including an independent review.
Sec. 1505--Establishment of support center for consortium of
universities that advise Secretary of Defense on cybersecurity
matters
The Senate amendment contained a provision (sec. 1628) that
would amend section 1659 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to require the
Secretary of Defense to establish a center to support the
consortium of universities established to assist the Secretary
on certain cybersecurity matters.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical edits.
Sec. 1506--Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy
The Senate amendment contained a provision (sec. 1602) that
would require the Secretary of Defense to undertake efforts to
align the Department of Defense cybersecurity cooperation
enterprise and the Department's cyberspace operational
partnerships with the National Defense Strategy, Department of
Defense Cyber Strategy, and the 2019 Department of Defense
International Cyberspace Security Cooperation Guidance. The
provision would also require annual briefings and reports to
the Committees on Armed Services of the Senate and the House of
Representatives on the implementation of this provision and
cyber international strategy activities of the Department.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make clarifying edits.
We are aware that the release of a new Department of
Defense Cyber Strategy is imminent. We intend for the alignment
required in this section to be done against the forthcoming
Department of Defense Cyber Strategy.
Sec. 1507--Enhancement of cyberspace training and security cooperation
The Senate amendment contained a provision (sec. 1604) that
would require the Under Secretary of Defense for Intelligence
and Security, in coordination with the Commander, U.S. Cyber
Command, and the Under Secretary of Defense for Policy, to
develop and incorporate cybersecurity cooperation training at
the Joint Military Attach School.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the scope and elements of the
provision.
Sec. 1508--Military Cybersecurity Cooperation with Hashemite Kingdom of
Jordan
The Senate amendment contained a provision (sec. 1611) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, in coordination with the
Commanders of U.S. Cyber Command and U.S. Central Command, and
the Secretary of State, to seek to engage their counterparts
within the Ministry of Defense of the Hashemite Kingdom of
Jordan for the purpose of expanding cooperation on military
cybersecurity activities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the role of the Secretary of State.
Sec. 1509--Management and oversight of Joint Cyber Warfighting
Architecture
The Senate amendment contained a provision (sec. 1607) that
would require the Deputy Secretary of Defense to establish a
program executive office (PEO) to manage and provide oversight
of the implementation and integration of the Joint Cyber
Warfighting Architecture and components of the Architecture.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the requirements of the PEO.
Sec. 1510--Integrated non-kinetic force development
The Senate amendment contained a provision (sec. 1605) that
would require the Deputy Secretary of Defense, in coordination
with the Vice Chairman of the Joint Chiefs of Staff, to develop
a strategy for converged cyber and electronic warfare conducted
by and through deployed military and intelligence assets
operating in the radio frequency domain to provide strategic,
operational, and tactical effects in support of combatant
commanders.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the activities required.
Sec. 1511--Protection of critical infrastructure
The Senate amendment contained a provision (sec. 1615) that
would allow the President, on determination of an active,
systemic, and ongoing campaign of attacks in cyberspace by a
foreign power against the Government or the critical
infrastructure of the United States, to authorize the Secretary
of Defense, acting through the Commander, U.S. 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.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1512--Budget display for cryptographic modernization activities
for certain systems of the Department of Defense
The Senate amendment contained a provision (sec. 1621) that
would require the Secretary of Defense to submit a consolidated
cryptographic modernization budget justification display for
certain covered items.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1513--Establishing projects for data management, artificial
intelligence, and digital solutions
The Senate amendment contained a provision (sec. 1622) that
would require the Deputy Secretary of Defense to establish
priority enterprise projects for data management, artificial
intelligence, and digital solutions for business efficiency and
warfighting capabilities intended to accelerate decision
advantage and assign responsibilities for execution and funding
of such projects.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would edit the required activities.
Sec. 1514--Operational testing for commercial cybersecurity
capabilities
The Senate amendment contained a provision (sec. 1623) that
would require a determination from the Director of Operational
Test and Evaluation in certain areas prior to operating a
commercial cybersecurity capability on a Department of Defense
network. The provision would also allow an acquisition
executive of a military service or Department Component to
waive the requirement.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make clarifying edits.
Subtitle B--Information Operations
Sec. 1521--Requirement to notify Chief of Mission of military operation
in the information environment
The House bill contained a provision (sec. 1516) that would
require the Principal Information Operations Advisor and the
Principal Cyber Advisor, in coordination with the Commander of
U.S. Cyber Command, to complete both an assessment and an
optimization plan for integrating all information and influence
operations within cyberspace across the Department of Defense.
The Senate amendment contained no similar provision.
The agreement includes the House provision with technical
and conforming edits.
Sec. 1522--Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace
The House bill contained a provision (sec. 1515) that would
require the Principal Information Operations Advisor and the
Principal Cyber Advisor, in coordination with the Commander of
U.S. Cyber Command, to complete both an assessment and an
optimization plan for integrating all information and influence
operations within cyberspace across the Department of Defense.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the scope of the assessment. We
view cyberspace as a critical means through which the
Department of Defense (DOD) disseminates information operations
content, and believe that such activities should be
appropriately coordinated within the Department. This provision
is not intended to treat information operations delivered
through cyberspace as its own distinct form of information
operations. Cyberspace should be viewed as one of several ways
in which the DOD can deliver targeted information operations
content.
Sec. 1523--Joint information operations course
The House bill contained a provision (sec. 1513) that would
direct the Secretary of Defense to create a joint information
operations course to prepare the joint force to employ
synchronized information-related capabilities in the
information environment.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to factor
into the report recent updates to DOD's Cyber Strategy, posture
review, and gap analysis.
Sec. 1524--Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations
The House bill contained a provision (sec. 1512) that would
limit funding until the Department of Defense develops a joint
lexicon for terms related to information operations, including
information environment, operations in the information
environment, and information-related capabilities in compliance
with section 1631(g) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1525--Limitation on availability of funds pending submittal of
information operations strategy and posture review
The Senate amendment contained a provision (sec. 903) that
would limit the amount available to be obligated or expended
for operation and maintenance, Defense-wide, for the Office of
the Secretary of Defense to not more than 75 percent of the
amount authorized by this Act until 15 days after the Secretary
of Defense submits the information operations strategy and
posture review to the Committees on Armed Services of the
Senate and the House of Representatives as required by section
1631(g) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify elements of the limitation on
availability of funds.
Sec. 1526--Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base
The Senate amendment contained a provision (sec. 1631) that
would limit certain funds from obligation or expenditure until
the framework required by section 1648 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
completed and submitted to the congressional defense
committees.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the actions required.
Subtitle C--Personnel
Sec. 1531--Cyber operations-peculiar awards
The House bill contained a provision (sec. 1537) that would
authorize the Secretary of Defense and the Secretaries of the
military departments to authorize the payment of a cash award
to, and incur necessary expenses 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.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1532--Establishment of Cyber Operations Designator and rating for
the Navy
The House bill contained a provision (sec. 1503) that would
direct the Secretary of the Navy, in coordination with the
Chief of Naval Operations, to establish and sustain a Cyber
Warfare Operations designator for officers and warrant officers
and a Cyber Warfare rating for enlisted personnel. This action
would take effect not later than 180 days after the date of the
enactment of this Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the requirements for establishment
and implementation of the designator.
Sec. 1533--Total force generation for the Cyberspace Operations Forces
The Senate amendment contained a provision (sec. 1606) that
would require the Under Secretary of Defense for Policy, the
Under Secretary of Defense for Personnel and Readiness, the
Director of the Joint Staff, and the Secretaries of the
military departments, in coordination with the Principal Cyber
Advisor of the Department of Defense and the Commander, U.S.
Cyber Command (CYBERCOM), to complete a study on the
responsibilities of the military services for organizing,
training, and presenting forces to CYBERCOM and submit
recommendations on a future force generation model for
cyberspace operations forces. The provision would also require
the Secretary of Defense to establish a new or revised force
generation model for the cyberspace operations forces and
submit an implementation plan on the new or revised model.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify elements of the study.
Sec. 1534--Correcting cyber mission force readiness shortfalls
The Senate amendment contained a provision (sec. 1603) that
would require the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to develop a plan and recommendations to
correct readiness shortfalls in the Cyber Mission Forces and
implement such recommendations.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify elements of the matters to be
addressed.
Sec. 1535--Department of Defense Cyber and Digital Service Academy
The House bill contained a provision (sec. 5867) that would
establish the Department of Defense Cyber and Digital Service
Academy as a scholarship-for-service program partnered with
universities and colleges in the United States. The program
would cover numerous cyber and digital service disciplines as
determined by the Secretary of Defense and would include up to
5 years of tuition and room and board. Participants would be
required to serve with the Department of Defense for a period
equal to the length of the scholarship.
The Senate amendment contained a similar provision (sec.
1111).
The agreement includes the Senate provision.
Sec. 1536--Report on recommendations from Navy Civilian Career Path
study
The Senate amendment contained a provision (sec. 1625) that
would require the Secretary of the Navy to submit a report to
the congressional defense committees, not later than 90 days
after the date of the enactment of this Act, on the
recommendations made in the report related to improving cyber
career paths in the Navy 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). The
provision would also require the Comptroller General of the
United States to conduct a review of such report from the
Secretary of the Navy.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The Senate amendment contained a provision (sec. 1608) that
would require the Principal Cyber Advisor of the Department of
Defense to conduct a study to determine the optimal strategy
for structuring and manning elements of the Joint Force
Headquarters cyber organizations, joint mission operations
centers, and Cyber Operations-Integrated Planning Elements.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make modifications to the study.
Sec. 1538--Manning review of Space Force cyber squadrons
The House bill contained a provision (sec. 1538) that would
require the Secretary of the Air Force to 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.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change elements of the review.
Sec. 1539--Independent review of posture and staffing levels of Office
of the Chief Information Officer
The House bill contained a provision (sec. 1532) that would
direct the Secretary of Defense to authorize and oversee a
comprehensive review of the current posture and manning of the
Office of the Chief Information Officer. This section would
also require that the review include recommendations based on
the review's findings to be presented to the congressional
defense committees.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the review elements.
Sec. 1540--Independent assessment of Civilian Cybersecurity Reserve for
Department of Defense
The Senate amendment contained a provision (sec. 1112) that
would require the Secretary of the Army to conduct a pilot
program establishing a civilian cybersecurity reserve within
the Army for the provision of manpower to the cyber operation
forces of U.S. Cyber Command, to include the exercise of
alternative employment authority, not subject to the Office of
Personnel Management, to establish qualification requirements
for, recruitment of, and appointment to positions, and
classifying positions.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to 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 for the purpose of
conducting an assessment of the feasibility and advisability of
creating and maintaining a civilian cybersecurity reserve
corps. The provision would require the entity or center to
consider the results of an evaluation of non-traditional 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),
and would further fence funding authorized to be appropriated
for the Office of the Under Secretary of Defense for Policy
until such time as that report is submitted to Congress.
Sec. 1541--Comprehensive review of Cyber Excepted Service
The House bill contained a provision (sec. 1533) that would
direct the Chief Information Officer of the Department of
Defense, in coordination with the Chief Digital and Artificial
Intelligence Officer and the Principal Cyber Advisor, and in
consultation with the Under Secretary of Defense for Personnel
and Readiness, to conduct a review of the Cyber Excepted
Service.
The Senate amendment contained a similar provision (sec.
1114) that would require the Secretary of Defense to provide a
report annually through 2028 to the Committees on Armed
Services of the Senate and the House of Representatives on
elements of its execution of the Cyber Excepted Service (CES)
program covering the year prior to the report.
The agreement includes the House provision with an
amendment that would combine elements of both provisions.
Subtitle D--Reports and Other Matters
Sec. 1551--Pilot program for sharing cyber capabilities and related
information with foreign operational partners
The Senate amendment contained a provision (sec. 1613) that
would require the Secretary of Defense, with the concurrence of
the Secretary of State, to conduct an assessment and provide a
report on such assessment of sharing military cyber
capabilities of the Armed Forces with foreign partners of the
United States for immediate operational use to cause effects on
targets or enable collection of information from targets.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would establish a 3-year authority to share
cyber capabilities with foreign operational partners.
Sec. 1552--Demonstration program for cyber and information technology
budget data analytics
The Senate amendment contained a provision (sec. 1630) that
would require the Chief Information Officer of the Department
of Defense, in coordination with the Chief Digital and
Artificial Intelligence Officer, to complete a pilot program to
demonstrate the application of data analytics to the fiscal
year 2024 cyber and information technology budget data of a
military service.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the requirements and elements of
the demonstration program.
Sec. 1553--Plan for commercial cloud test and evaluation
The Senate amendment contained a provision (sec. 1624) that
would direct the Secretary of Defense, in consultation with
commercial industry, to submit a policy and plan to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than 180 days after the date of the
enactment of this Act, on the test and evaluation of the
cybersecurity of the clouds of commercial cloud service
providers.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the requirement and make technical
edits.
Sec. 1554--Roadmap and implementation plan for cyber adoption of
artificial intelligence
The Senate amendment contained a provision (sec. 1629) that
would require the Commander, U.S. Cyber Command, and the Chief
Information Officer of the Department of Defense (DOD), in
coordination with the Chief Data and Artificial Intelligence
Officer of the Department, the Director of Defense Advanced
Research Projects Agency, and the Under Secretary of Defense
for Research and Engineering, to jointly develop a 5-year
roadmap and implementation plan, not later than 270 days after
the date of the enactment of this Act, for rapidly adopting
artificial intelligence (AI) applications to the warfighter
cyber missions within the DOD.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require synchronization of the roadmap.
Sec. 1555--Review of Department of Defense implementation of
recommendations from Defense Science Board cyber report
The Senate amendment contained a provision (sec. 1626) that
would require the Secretary of Defense to complete a review,
not later than March 1, 2023, of the findings and
recommendations presented in the Defense Science Board (DSB)
report, published June 2018, titled ``Cyber as a Strategic
Capability.'' The provision would also require the Secretary of
Defense to submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the review
not later than April 1, 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the required review.
Sec. 1556--Annual briefing on relationship between National Security
Agency and United States Cyber Command
The Senate amendment contained a provision (sec. 1609) that
would require the Secretary of Defense to provide a briefing to
the congressional defense committees, not later than March 1,
2023, and not less frequently than 1 year thereafter until
March 1, 2028, on the relationship between the National
Security Agency and U.S. Cyber Command.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1557--Review of definitions associated with Cyberspace Operations
Forces
The House bill contained a provision (sec. 1539) that would
require the Secretary of Defense, through the Principal Cyber
Advisor of the Department of Defense and the Principal Cyber
Advisors of the military departments, to review and update the
memorandum of the Secretary of Defense dated December 12, 2019,
concerning the definition of the term ``Department of Defense
Cyberspace Operations Forces (DOD COF).''
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change elements of the review.
Sec. 1558--Annual assessments and reports on assignment of certain
budget control responsibility to Commander of United States
Cyber Command
The Senate amendment contained a provision (sec. 1601) that
would direct the Commander, U.S. Cyber Command, in coordination
with the Principal Cyber Advisor of the Department of Defense,
to assess the implementation of the transition of
responsibilities assigned to the Commander. The provision would
also direct the Commander to submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives, not later than 90 days after the end of each
fiscal year, beginning in fiscal year 2023, on the findings of
the Commander, with respect to the assessment for that fiscal
year.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify elements of the assessment.
Sec. 1559--Assessments of weapons systems vulnerabilities to radio-
frequency enabled cyber attacks
The House bill contained a provision (sec. 1506) that would
require the principal staff assistant designated with primary
responsibility for the Strategic Cybersecurity Program of the
Department of Defense to conduct a comprehensive review of
``Military Standard 1553.''
The Senate amendment contained a similar provision (sec.
1632) that would require the Secretary of Defense to ensure
that certain activities include regular assessments of the
vulnerabilities to and risks presented by radio-frequency
enabled cyber attacks with respect to certain aspects of
certain systems.
The agreement includes the Senate provision with an
amendment that would modify elements of the review.
Sec. 1560--Briefing on Department of Defense plan to deter and counter
adversaries in the information environment
The House bill contained a provision (sec. 1099L) that
would require the Secretary of Defense to submit a report to
the Committee on Armed Services of the House of Representatives
on the Department of Defense plan to achieve strategic
overmatch in the information environment.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would change the title of the provision, require
reporting on the status of previously required actions, and
clarify congressional intent.
LEGISLATIVE PROVISIONS NOT ADOPTED
Cyber threat information collaboration environment program
The House bill contained a provision (sec. 1504) that would
direct the Secretary of Homeland Security, in coordination with
the Secretary of Defense and the Director of National
Intelligence, acting through the Director of the National
Security Agency (NSA), to develop an information collaboration
environment to enable government and industry to better
identify, mitigate, and prevent malicious cyber activity
through shared understanding of cyber threats and events. The
collaboration environment would provide limited access to
appropriate operationally relevant data about cybersecurity
risks and cybersecurity threats, including malware forensics
and data from network sensor programs, on a platform that
enables query and analysis.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
However, we note that the need for government and private
sector stakeholders to be able to share and consume
cybersecurity-related information on a single platform, or at
least achieve interoperability across the information
technology systems used for situational awareness and threat
assessment, remains as urgent as ever. While we believe that
the lead for this effort ought to reside within the Department
of Homeland Security (DHS), there remains an important role for
Department of Defense components and entities such as the NSA.
Noting that there may be related efforts that DHS'
Cybersecurity & Infrastructure Security Agency (CISA) is
currently exploring with federal partners, we direct the
Director of NSA, in consultation with the Director of CISA, not
later than April 30th, 2023, to conduct a study and brief the
Committees on Armed Services of the Senate and the House of
Representatives on how Department of Defense components and
entities, such as the NSA, can support the development of the
environment envisioned by the House provision. Additionally,
the study shall assess how NSA can technically and materially
support the current nascent efforts at CISA, and report to the
committees with a detailed analysis of: (1) The expertise,
policies, and resources required to support the development,
deployment, operation, security, and maintenance of a
collaboration environment; (2) The classified and unclassified
platforms, systems, and processes currently employed by the
Department of Defense for information sharing across the
Department, with interagency partners, and with the private
sector, and a determination of how such tools and platforms can
be leveraged by CISA and the wider interagency; (3) A cost
estimate for a collaboration environment based on the
aforementioned elements of the assessment; and (4) Any other
matter as determined by the NSA Director.
Department of Defense enterprise-wide procurement of cyber data
products and services
The House bill contained a provision (sec. 1505) that would
amend section 1521 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) by inserting reference
to products utilizing artificial intelligence-based endpoint
security.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Military operations in information environment: authority and
notifications
The House bill contained a provision (sec. 1511) that would
require the Department of Defense to notify the appropriate
congressional committees within 48 hours of conducting a
clandestine operation in the information environment. This
section would also make technical changes affirming the
external nature of Department operations in the information
environment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the agreement includes provisions to enhance
oversight of Department operations in the information
environment, including both military information support
operations and cyberspace operations. However, we are concerned
that there is not yet sufficient clarity on how the Department
of Defense plans, executes, mans, trains, and equips for
electromagnetic spectrum operations (EMSO).
We therefore direct the Department to submit to the
congressional defense committees not later than 180 days
following the enactment of this Act a briefing outlining, with
respect to EMSO: (1) The authorities governing operational
activities; (2) The level of delegation of those authorities in
various operational scenarios; (3) Coordination and integration
of EMSO activities with other operations in the information and
other domains; (4) Stakeholders and equities with regard to
EMSO doctrine and employment; and (5) Metrics and other
mechanisms for evaluation of activity effectiveness, oversight,
and development of future concepts of operations. As part of
this briefing, the Department should provide current
operational vignettes illustrative of the full lifecycle of
electromagnetic spectrum operations.
Consistency in delegation of certain authorities relating to
information operations
The House bill contained a provision (sec. 1514) that would
clarify the ability of the Under Secretary of Defense for
Policy to delegate roles and responsibilities related to
information operations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Standardization of authority to operate applications in the Department
of Defense
The House bill contained a provision (sec. 1534) that would
require the Chief Information Officer of the Department of
Defense to establish a policy with criteria for the reciprocity
of authority to operate for software and hardware between all
networks of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision. We note that
the agreement includes a provision from the Senate amendment
(sec. 1622) that requires the Chief Digital and Artificial
Intelligence Officer to develop and report an actionable plan
to the Deputy Secretary of Defense to reform the authority to
operate process.
Establishment of hacking for national security and public service
innovation program
The House bill contained a provision (sec. 1535) that would
require the Secretary of Defense to establish a Hacking for
National Security and Public Service Innovation Program within
the National Security Innovation Network.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We recognize the success of the National Security
Innovation Network (NSIN) in encouraging the entry of new
innovators into the national security community and believe
that such a model has applicability for challenges faced by the
Department of Defense and by other Federal departments and
agencies. We encourage the Secretary of Defense to use existing
authorities to strengthen NSIN and create additional
opportunities for collaboration and shared experience between
the Department of Defense, other Federal agencies, the private
sector, and academia through the expansion of existing
programs, partnerships, and activities, including, but not
limited to, such activities as Hacking for Defense, Hacking for
Homeland Security, Hacking for Diplomacy, Hacking for Space,
and Hacking for Manufacturing. We believe that such efforts are
an important part of the Department's efforts to invest in the
future of national security innovation by inspiring a new
generation to public service, supporting the diversity of the
United States' national security innovation workforce, and
modernizing government decision-making processes.
Review of certain cyber operations personnel policies
The Senate amendment contained a provision (sec. 1610) that
would require the Secretary of Defense to complete a review,
not later than 180 days after the date of the enactment of this
Act, of the 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, U.S. Cyber Command,
to monitor the promotions of certain cyber operations forces
and coordinate with the Secretaries of military departments
regarding the assignment, retention, training, professional
military education, and special and incentive pays of certain
cyber operations forces. The provision would also require the
Secretary of Defense to submit to the congressional defense
committees a report on the review not later than 90 days after
the date on which the review is completed.
The House bill contained no similar provision.
The agreement does not include this provision.
Commander of the United States Cyber Command
The Senate amendment contained a provision (sec. 1612) that
would amend section 167b of title 10, United States Code, to
establish a 4-year term for the Commander, U.S. Cyber Command,
and allow the President to nominate and appoint the Commander,
U.S. Cyber Command, for one additional 4-year term with the
advice and consent of the Senate.
The House bill contained no similar provision.
The agreement does not include this provision.
Report on progress in implementing pilot program to enhance
cybersecurity and resiliency of critical infrastructure
The Senate amendment contained a provision (sec. 1614) that
would require a report on the progress made in implementing the
2018 memorandum of understanding entered into pursuant to the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
The House bill contained no similar provision.
The agreement does not include this provision.
Requirement for software bill of materials
The Senate amendment contained a provision (sec. 1627) that
would require the Secretary of Defense to amend the Department
of Defense Supplement to the Federal Acquisition Regulation to
require a Software Bill of Materials (SBOM) for all
noncommercial software created for or acquired by the
Department of Defense.
The House bill contained no similar provision.
The agreement does not include this provision.
We recognize the progress made by the executive branch on
crafting strategic guidance on SBOM; however, the Department of
Defense's exemption from compliance is disconcerting. Not later
than May 1, 2023, the agreement directs the Chief Information
Officer to brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department's efforts to
comply with the executive branch's guidance on SBOM, despite
the standing exemption.
Additional amount for Cyber Partnership Activities
The Senate amendment contained a provision (sec. 6601) that
would increase the amount available for cyber partnership
activities.
The House bill contained no similar provision.
The agreement does not include this provision
Title XVI--Space Activities, Strategic Programs, and Intelligence
Matters
Subtitle A--Space Activities
Sec. 1601--Requirements for protection of satellites
The House bill contained a provision (sec. 1601) that would
amend chapter 135 of title 10, United States Code, to require
the Chief of Staff of the Space Force, in coordination with the
Commander of U.S. Space Command, to establish requirements for
defense and resilience prior to any new major satellite
acquisition program achieving Milestone A approval, or the
equivalent.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1602--Strategy on protection of satellites
The House bill contained a provision (sec. 1602) that would
express the sense of Congress highlighting recent
demonstrations of strategic competitors' counter-space
capabilities. This section would also require the Secretary of
Defense, in coordination with the Director of National
Intelligence, to make publicly available a strategy regarding
defending and protecting on-orbit satellites.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to remove the findings.
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
The Senate amendment contained a provision (sec. 1507) that
would delete the report required by section 2275(f)
(3) of title 10, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1604--Tactically responsive space capability
The House bill contained a provision (sec. 1604) that would
require the Chief of Space Operations and the Commander of U.S.
Space Command to develop a responsive space strategy and plans
to expand existing efforts, to include principles and a model
architecture. This section would further require an the
strategy be coordinated, at a minimum, with each of the
military services, the Chairman of the Joint Chiefs of Staff,
the Space Acquisition Council, and the Director of the Defense
Advanced Research Projects Agency. The section would also
require an implementation plan and an annual briefing to
Congress on such strategy and implementation thereof. The House
bill contained a provision (sec. 1605) that would express the
sense of Congress regarding the need to conduct responsive
space demonstrations. This section would further require the
Secretary of Defense to establish a program that would
demonstrate responsive space capabilities through operational
exercises, wargames, and table-top exercises, and require a
report to Congress on such programs. The House bill contained a
provision (sec. 1607) that would express the sense of Congress
that given the successful tactically responsive launch-2
mission, the Space Force should continue to broaden tactically
responsive space efforts with a focus on rapid reconstitution
and responsiveness. The section would also recommend the Space
Force consider establishing a ``Tactically Responsive Space''
budget line and would require a report on planned tactically
responsive space activities.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 1609 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) to
broaden the authorities and requirements for the development of
tactically responsive space capabilities with technical and
confirming amendments.
Sec. 1605--Extension of annual report on Space Command and Control
The Senate amendment contained a provision (sec. 1506) that
would amend section 1613 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to extend the
annual reporting requirement through 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1606--Allied responsive space capabilities
The House bill contained a provision (sec. 1606) that would
express the sense of Congress that the U.S. should implement
joint-allied space missions that demonstrate rapid launch,
reconstitution and satellite augmentation. This section would
require the Secretary of Defense to submit a report assessing
current investments and partnerships by the U.S. with allies
with respect to responsive space efforts.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical amendments while removing
the requirement to name a single official with regards to
allied space capabilities.
Sec. 1607--Applied research and educational activities to support space
technology development
The Senate amendment contained a provision (sec. 1503) that
would allow the Secretary of the Air Force and the Chief of
Space Operations to carry out applied research and education
activities to support space technology.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1608--Review of Space Development Agency exemption from Joint
Capabilities Integration and Development System
The Senate amendment contained a provision (sec. 1503) that
would require the Secretary of Defense to review and make a
recommendation on the exemption of the Space Development Agency
from the Joint Capabilities Integration and Development System.
The provision would also recommend the Secretary of the Air
Force and the Director of the Space Development Agency
implement such a recommendation.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical and conforming amendments.
Sec. 1609--Update to plan to manage Integrated Tactical Warning and
Attack Assessment System and multi-domain sensors
The Senate amendment contained a provision (sec. 1508) that
would require the Secretary of the Air Force to update the plan
to manage the Air Force missile warning elements of the
Integrated Tactical Warning and Attack Assessment System,
prepared pursuant to section 1669 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91). The
provision would also specify requirements for coordinating with
other agencies, among other things.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1610--Report on space debris
The House bill contained a provision (sec. 1610) that would
require the Secretary of Defense to submit to the appropriate
congressional committees a report on the risks posed by man-
made space debris in Low Earth orbit.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense respond
to a reporting requirement regarding space debris included in
the Joint Explanatory Statement to Accompany the National
Defense Authorization Act for Fiscal Year 2022 (Committee Print
No. 2) specific to defense and national security space assets.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621--Congressional oversight of clandestine activities that
support operational preparation of the environment
The House bill contained a provision (sec. 1621) that would
amend section 127f of title 10, United States Code, to require
a quarterly briefing on certain activities that support
operational preparation of the environment.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make technical changes to the provision.
Subtitle C--Nuclear Forces
Sec. 1631--Biannual briefing on nuclear weapons and related activities
The Senate amendment contained a provision (sec. 1513) that
would require six Department of Defense officials to provide
biannual briefings to the Committees on Armed Services of the
Senate and the House of Representatives on nuclear weapons and
related matters. The provision would terminate on January 1,
2028.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment to subsection (c).
We note that this section gives relief from the
responsibilities of the covered officials, where appropriate,
through delegation at the Senior Executive Service level in
order to provide flexibility in meeting the requirements as
outlined.
Sec. 1632--Industrial base monitoring for B-21 and Sentinel programs
The Senate amendment contained a provision (sec. 1515) that
would require the Secretary of the Air Force for Acquisition,
Technology, and Logistics to designate a senior official to
monitor the industrial base supporting the acquisition of B-21
aircraft and the Sentinel program. The committee believes that
such a senior official should be a member of the Senior
Executive Service. The provision would also include definitions
and a reporting requirement.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify the level of the senior official
and the authority of the official to select staff.
Sec. 1633--Improvements to Nuclear Weapons Council
The House bill contained a provision (sec. 1631) that would
amend section 179 of title 10, United States Code, to establish
a role for the Nuclear Weapons Council (NWC) in coordinating
risk management efforts between the Department of Defense and
the National Nuclear Security Administration (NNSA). It would
also consolidate NWC reporting requirements.
The Senate amendment contained a provision (sec. 1511) that
would realign certain statutory requirements concerning annual
nuclear weapons budget assessments to fall within the list of
enumerated NWC responsibilities. The provision would also
require timely confirmation from the NWC that such assessments
are occurring and expand the list of programs that would
trigger a congressional notification if insufficiently funded.
The agreement includes the House provision with an
amendment that would modify some of the proposed changes to the
NWC and realign certain statutory requirements concerning
annual nuclear weapons budget assessments to fall within the
list of enumerated NWC responsibilities.
We note that there are several statutory requirements for
the NWC to review NNSA's ability to meet requirements to
produce war reserve plutonium pits. We encourage the NWC to
conduct a single annual assessment of NNSA's ability to meet
requirements to produce war reserve plutonium pits as part of
its annual review of NNSA plans and budget, as is required by
this provision, in order to meet the various statutory
requirements.
Sec. 1634--Portfolio management framework for nuclear forces
The House bill contained a provision (sec. 1632) that would
amend chapter 24 of title 10, United States Code, to require
the Secretary of Defense to implement a portfolio management
framework for nuclear forces by January 1, 2024, and provide
annual briefings to the congressional defense committees on its
efforts to identify and manage risk relating to nuclear forces
and prioritize the efforts among such forces.
The Senate amendment contained a provision (sec. 1512) that
would direct the Under Secretary of Defense for Acquisition and
Sustainment and the Administrator for Nuclear Security, in
coordination with other members of the Nuclear Weapons Council,
to establish a joint risk management process to periodically
identify, analyze, and respond to risks that affect the U.S.
nuclear enterprise and report, internally and externally to
relevant stakeholders, those risks and any associated
mitigation efforts.
The agreement includes the House provision with an
amendment that would include elements of the Senate provision
and make other clarifying changes. It includes a termination of
the reporting requirement 90 days after the Secretary of
Defense certifies that the Sentinel weapon system, the
Columbia-class submarine program, the long-range standoff
weapon program, the B-21 bomber program, and the F-35A dual-
capable aircraft program have reached full operational
capability.
Sec. 1635--Extension of requirement to report on nuclear weapons
stockpile
The Senate amendment contained a provision (sec. 1525) that
would amend section 492a of title 10, United States Code, to
extend, through the year 2029, the requirement for a report on
the plan for the nuclear weapons stockpile, nuclear weapons
complex, nuclear weapons delivery systems, and nuclear weapons
command and control system.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1636--Modification and extension of annual assessment of cyber
resilience of nuclear command and control system
The House bill contained a provision (sec. 1633) that would
amend subsection (d) of section 499 of title 10, United States
Code, to clarify the requirements for the quarterly briefing on
intrusions or anomalies in the nuclear command, control, and
communications system.
The Senate amendment contained a provision (sec. 1526) that
would amend section 499(e) of title 10, United States Code, to
extend the requirement for an assessment of the cyber
resiliency of the nuclear command and control system through
2032.
The agreement includes the House provision with an
amendment that would extend the requirement for an assessment
of the cyber resiliency of the nuclear command and control
system through 2032.
Sec. 1637--Modification of reports on Nuclear Posture Review
implementation
The Senate amendment contained a provision (sec. 1523) that
would amend section 491(c) of title 10, United States Code, to
extend the relevant reporting periods and make a technical
amendment to update a referenced report.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make the language more generally
applicable to future Nuclear Posture Reviews through 2031.
Sec. 1638--Establishment of intercontinental ballistic missile site
activation task force for Sentinel program
The Senate amendment contained a provision (sec. 1516) that
would establish within the Air Force Global Strike Command
(AFGSC) a directorate to stand up the LGM-35A Sentinel
Intercontinental Ballistic Missile Task Force (ICBM) weapon
system known as the Intercontinental Ballistic Missile Task
Force. The provision would direct the Secretary of the Air
Force to appoint a Director of the site activation task force
(SATAF) who would be a general officer with experience in large
construction projects with a term of 3 years.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify the preferred qualifications for
the general officer to head the Task Force and the authority of
the Task Force.
Sec. 1639--Prohibition on reduction of the intercontinental ballistic
missiles of the United States
The House bill contained a provision (sec. 1636) that would
prohibit the Department of Defense from reducing, or preparing
to reduce, the responsiveness or alert level of the
intercontinental ballistic missiles of the United States during
fiscal year 2023. It would also prohibit the Department from
reducing the number of deployed intercontinental ballistic
missiles of the United States below 400 during fiscal year
2023. The provision contains exceptions to the prohibition for
maintenance, safety, and facilitating the transition to the
Sentinel intercontinental ballistic missile.
The Senate amendment contained a provision (sec. 1519) that
would prohibit the obligation or expenditure of authorized
funds from fiscal year 2023 to reduce deployed U.S.
intercontinental ballistic missiles' responsiveness, alert
level, or quantity to fewer than 400. The provision would
provide an exception to this prohibition for activities related
to maintenance, sustainment, and replacement, or activities to
ensure safety, security, or reliability.
The agreement includes the House provision.
Sec. 1640--Plan for development of reentry vehicles
The Senate amendment contained a provision (sec. 1514) that
would require the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the Administrator for
Nuclear Security of the National Nuclear Security
Administration and the Under Secretary of Defense for Research
and Engineering, to produce a 20-year plan for the development
of the Mark 21A, Mark 7, and other re-entry vehicles. The
provision would specify the elements to be included in such a
plan and require assessments of the plan.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would have the Director of the Office of Cost
Assessment and Program Evaluation of the Department of Defense
lead the cost assessment required.
Sec. 1641--Treatment of nuclear modernization and hypersonic missile
programs within Defense Priorities and Allocations System
The Senate amendment contained a provision (sec. 153) that
would express the sense of the Senate that deterrence require a
credible nuclear force and robust missile forces, and that the
Secretaries of Defense and Energy should leverage all available
tools to reduce the risk of schedule delays in nuclear
modernization and hypersonic missile programs. The provision
would also include reporting and certification requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would remove the sense of the Senate, change the
reporting requirement to an annual briefing, and requires the
DX rating assessment consistent with Department of Defense
manual 4400.1-M (``Department of Defense Allocations and
Priorities Manual'') be completed at a minimum at program
milestones.
Sec. 1642--Matters related to nuclear-capable sea-launched cruise
missile
The House bill contained provisions (secs. 1634 and 1635)
that would require reports from the Secretary of Defense, the
Secretary of the Navy, and the Administrator for Nuclear
Security on a nuclear-capable sea-launched cruise missile. It
would also limit the use of fiscal year 2023 funds for
activities under Phase 3 of the Joint Nuclear Weapons Life
Cycle, under Phase 6.3 of a nuclear weapon life extension
program, or after Milestone B as defined in section 4172 of
title 10, United States Code, until the reports required by the
section have been submitted.
The Senate amendment contained a provision (sec. 1522) that
would limit the amount obligated or expended for the operations
of the Office of the Under Secretary of Defense for Policy to
not more than 75 percent of the amount authorized by this Act
until the Department of Defense provides a briefing and report
on the analysis of alternatives for the nuclear sea-launched
cruise missile as required by section 1641 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81).
The agreement includes the House provision with an
amendment that would require reporting on a concept of
operations for the nuclear-capable sea-launched cruise missile,
the operational implications associated with deploying such
missiles, and associated spend plans. In addition, the
amendment limits the amount of fiscal year 2023 funds for the
Department of Defense and National Nuclear Security
Administration that can be obligated or expended for activities
under Phase 3 of the Joint Nuclear Weapons Life Cycle, Phase
6.3 of a nuclear weapon life extension program, or after
Milestone B Activities as defined in section 4172 of title 10,
United States Code. Fiscal year 2023 funds related to the
nuclear sea-launched cruise missile and associated W80-4
warhead shall be expended for other research and development
activities not expressly prohibited under these definitions.
Subtitle D--Missile Defense Programs
Sec. 1651--Biannual briefing on missile defense and related activities
The Senate amendment contained a provision (sec. 1545) that
would require officials to provide biannual briefings to the
congressional defense committees on missile defense and related
matters. The provision would terminate on January 1, 2028.
The House contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make technical changes.
Sec. 1652--Improvements to acquisition accountability reports on the
ballistic missile defense system
The Senate amendment contained a provision (sec. 1546) that
would amend section 225 of title 10, United States Code, to
modify the elements required in acquisition baselines and in
annual reports on acquisition baselines, among other things.
The House contained no similar provision.
The agreement includes the Senate provision with an
amendment that would update the reporting requirements to
include total system costs for research and development,
procurement, military construction, operations and sustainment,
and disposal.
Sec. 1653--Making permanent prohibitions relating to missile defense
information and systems
The Senate amendment contained a provision (sec. 1548) that
would make the prohibitions relating to the sharing of missile
defense information and systems under section 130(h) of title
10, United States Code, permanent.
The House contained no similar provision.
The agreement includes the Senate provision.
Sec. 1654--Next generation interceptors for missile defense of United
States homeland
The Senate amendment contained a provision (sec. 1544) that
would amend section 1668 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) to require the
Secretary of Defense to provide a funding plan to the Congress
at the time of the President's budget request for fiscal year
2024 for the Missile Defense Agency that would enable the
acquisition of no fewer than 64 Next Generation Interceptors in
order to have a uniform fleet of interceptors with the same
attributes. The provision would also require the Secretary of
Defense to notify the Congress of any decision to cancel the
Next Generation Interceptor program not less than 90 days prior
to implementation.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would request a funding profile for the
acquisition cost of no fewer than 64 interceptors with
technical and conforming amendments.
Sec. 1655--Termination of requirement to transition ballistic missile
defense programs to the military departments
The House bill contained a provision (sec. 1641) that would
strike subsection (b) from section 1676 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 4205 note), which would repeal the requirement for the
Missile Defense Agency to transition programs that met
Milestone C, or equivalent, to the appropriate service.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make the repeal contingent upon receipt of
the report required under section 1675(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81).
Sec. 1656--Persistent cybersecurity operations for ballistic missile
defense systems and networks
The Senate amendment contained a provision (sec. 1541) that
would direct the Director of the Missile Defense Agency, in
consultation with the Director of Operational Test and
Evaluation, to develop a plan to conduct persistent
cybersecurity operations across all networks and systems
supporting the Ballistic Missile Defense System. The provision
would outline criteria for the plan. The provision would also
require the Director of the Missile Defense Agency to provide
briefings to the congressional defense committees on the plan,
not later than May 15, 2023, and on progress made towards
implementing the plan, not later than December 30, 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would additionally require the plan to be in
coordination with U.S. Cyber Command and other combatant
commands and Joint Staff functions as appropriate.
Sec. 1657--Fire control architectures
The House bill contained a provision (sec. 1642) that would
express the sense of Congress commending the needed and
significant shift in the new missile architecture, notably the
tranche I and II capabilities of the Space Development Agency
(SDA). Congress further notes the SDA and Space Force should
develop a sensor payload integrated in this architecture that
should take into account and integrate capabilities being
developed by the hypersonic and ballistic tracking space sensor
program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would remove the Sense of Congress.
Sec. 1658--Middle East integrated air and missile defense
The House bill contained a provision (sec. 1645) that would
require the Secretary of Defense, in consultation with the
Secretary of State and the Director of National Intelligence,
to seek to cooperate with allies and partners of the United
States in the Central Command (CENTCOM) area of operations to
improve integrated air and missile defense capability for the
region. The House provision also would require the Secretary of
Defense to submit a strategy to increase cooperation with
respect to an integrated air and missile defense architecture.
The Senate amendment contained a similar provision (sec.
1542) that also directs the Secretary of Defense to undertake a
cost feasibility study.
The agreement includes the House provision with clarifying
amendments.
We direct that as a component of the strategy required
under section (a) of the provision, the Secretary assess, with
concurrence from the Secretary of State, the feasibility and
advisability of establishing a fund for an integrated air and
missile defense system to counter the threats from cruise and
ballistic missiles, manned and unmanned aerial systems, and
rocket attacks for countries in the CENTCOM area of
responsibility from Iran and groups linked to Iran.
Sec. 1659--Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production
The Senate amendment contained a provision (sec. 1547) that
would authorize funding for the procurement of the Iron Dome
short-range rocket defense system, David's Sling Weapon System,
and Arrow 3 Upper Tier Interceptor Program as outlined under
the Memorandum of Agreement between the United States and the
Government of Israel for cooperative missile defense programs.
The House contained no similar provision.
The agreement includes the Senate provision.
Sec. 1660--Integrated air and missile defense architecture for defense
of Guam
The House bill contained a provision (sec. 1647) that would
express the sense of Congress on the proposed integrated air
and missile defense architecture for defense of Guam and note
the lack of funding for a discrimination radar for homeland
defense of Hawaii due to ongoing reevaluations of United States
Indo-Pacific Command (USINDOPACOM) area of responsibility
sensor architecture. In addition, this section would require an
analysis of the defense of Guam integrated air and missile
defense architecture, and would also require a report on the
missile defense sensor architecture of USINDOPACOM. The House
bill also contained a provision (sec. 1648) that would
authorize the Secretary of Defense, acting through the Director
of the Missile Defense Agency, to procure and field up to three
vertical launching systems that can accommodate planned
interceptors operated by the United States Navy.
The Senate contained a similar provision (sec. 1543) that
would require the Secretary of Defense to designate a senior
Department of Defense (DOD) individual to be responsible for
the missile defense of Guam and designate it as a special
interest acquisition category 1D program consistent with DOD
Instruction 5000.85. The committee notes that this effort
involves the acquisition and system integration of three
separate service-related missile defense programs at multiple
sites across the island against a complex array of missile
related threats relying on constrained infrastructure on the
island of Guam.
The agreement includes the House provision with an
amendment that would combine the House and Senate provisions
and make technical and conforming changes.
Sec. 1661--Limitation on availability of certain funds until submission
of report on implementation of the cruise missile defense
architecture for the homeland
The House bill contained a provision (sec. 1643) that would
limit the Department of Defense to 90 percent of the funds made
available for fiscal year 2023 for travel by the Deputy
Secretary of Defense until the Secretary of Defense makes the
designation of an acquisition authority with respect to the
capability to defend the homeland from cruise missiles.
The Senate amendment contained a similar provision (sec.
1549) that would provide for a limitation on funds authorized
for fiscal year 2023 for Operation and Maintenance, Defense-
wide, and available for the Office of the Secretary of Defense,
until the Secretary of Defense notifies the congressional
defense committees that designations required by section
1684(e) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) have been made.
The agreement includes the House provision with an
amendment that acknowledges the designation was made by the
Deputy Secretary of Defense that the Department of the Air
Force shall be the lead acquisition authority for defense of
the homeland from cruise missiles. The agreement requires a
report from the Secretary of the Air Force on how the
requirements specified by U.S. Northern Command will be met,
including programmatic details to support the cruise missile
defense architecture. The agreement withholds five percent of
Secretary of the Air Force travel funds until the report is
submitted to the congressional defense committees.
Sec. 1662--Strategy to use asymmetric capabilities to defeat hypersonic
missile threats
The House bill contained a provision (sec. 1646) that would
require the Secretary of Defense to submit to the congressional
defense committees a comprehensive strategy to use asymmetric
capabilities to defeat hypersonic missile threats.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1663--Plan on delivering Shared Early Warning System data to
certain allies and partners of the United States
The House bill contained a provision (sec. 1649) that would
require the Secretary of Defense, in coordination with the
Secretary of State and Director for National Intelligence, to
develop a technical fielding plan to deliver information from
the Shared Early Warning System regarding current and imminent
missile threats to allies and partners. This section would also
require a report on how rapid fielding of this information to
additional countries could be provided to allies and partners
of the United States that do not currently receive the data,
and are under imminent threat of missile attack.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would remove the findings.
Sec. 1664--Reports on ground-based interceptors
The House bill contained a provision (sec. 1650) that would
require the Director of the Missile Defense Agency to submit
quarterly reports on the Ground-Based Interceptor system.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1665--Report on missile defense interceptor site in contiguous
United States
The House bill contained a provision (sec. 1651) that would
require a report regarding the requirement for a missile
defense interceptor site in the contiguous United States and a
funding profile by year to construct such site. The provision
would also allow up to $5.0 million of Missile Defense Agency
unspecified military construction planning and design funding
to be used for efforts associated with a contiguous U.S.
missile defense interceptor site.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would strike the planning and design funds.
Subtitle E--Other Matters
Sec. 1671--Cooperative threat reduction funds
The House bill contained a provision (sec. 1661) that would
allocate specific funding amounts for each program under the
Department of Defense Cooperative Threat Reduction (CTR)
Program from within the overall $341.6 million that the
committee would authorize for the Cooperative Threat Reduction
Program. The allocation under this section reflects the amount
of the budget request for fiscal year 2023.
The Senate amendment contained a similar provision (sec.
1301) that would authorize $341.6 million for the CTR program,
define the funds as authorized to be appropriated in section
301 of this Act, and authorize CTR funds to be available for
obligation for fiscal years 2023, 2024, and 2025.
The agreement includes the House provision with an
amendment to increase the overall amount to $354.4 million
adjusted for inflation.
Sec. 1672--Department of Defense support for requirements of the White
House Military Office
The Senate amendment contained a provision (sec. 1554) that
would require the Under Secretary of Defense for Acquisition
and Sustainment (USD(A&S)) to designate a senior official to
provide oversight of programs the Department of Defense
acquires for the White House Military Office (WHMO). It would
also direct the USD(A&S) to provide a briefing to the
congressional defense committees not later than 30 days after
the submission of the President's budget requests for fiscal
year 2024 through 2027 on acquisition programs, plans, and
other activities supporting the requirements of the WHMO.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify the role of the acquisition
portfolio manager and officials who shall participate in the
briefings to the congressional defense committees.
Sec. 1673--Unidentified anomalous phenomena reporting procedures
The House bill contained a provision (sec. 1663) that would
authorize procedures for the reporting of unidentified aerial
phenomena.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would re-order the subsections, delete the
private right of action for reprisals, drop the Inspectors
General review, and provide technical changes.
Sec. 1674--Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets
The House bill contained a provision (sec. 1662) that would
require the Secretary of Defense to submit a study and briefing
to the congressional defense committees on options to hold at
risk hard and deeply buried targets (HDBTs).
The Senate amendment contained a provision (sec. 1520) that
would require a study on the defeat of HDBTs prior to expending
or obligating funds to deactivate, dismantle, or retire the
B83-1 nuclear gravity bomb.
The agreement includes the Senate provision with an
amendment that would allow for the retirement of a portion of
the B83-1 gravity bombs in the U.S. stockpile without
condition, modify the requirements for the study on the defeat
of HDBTs, and add an exception to the fence allowing for
deactivation, dismantlement, or retirement of B83-1 gravity
bombs for the purpose of safety and surveillance.
LEGISLATIVE PROVISIONS NOT ADOPTED
Additional authorities of Chief of Space Operations
The Senate amendment contained a provision (sec. 1501) that
would deem the Chief of Space Operations the force design
architect for space systems of the Armed Forces.
The House bill contained no similar provision.
The agreement does not include this provision.
Extension of authorization for protection of certain facilities and
assets from unmanned aircraft
The Senate amendment contained a provision (sec. 1553) that
would extend an existing authority to protect certain
facilities and assets from unmanned aircraft.
The House bill contained no similar provision.
The agreement does not include this provision.
Comprehensive strategy for the Space Force
The Senate amendment contained a provision (sec. 1502) that
would require the Secretary of the Air Force and the Chief of
Space Operations to jointly develop strategic objectives
required to organize, train, and equip the Space Force,
including objectives that emphasize achieving and maintaining--
(1) United States space superiority;
(2) Global communications, command and control, and
intelligence, surveillance, and reconnaissance for the
combatant commands and the respective components of the
combatant commands; and
(3) The retention, development, and deployment of
Space Force capabilities to meet the full range of
joint warfighting space requirements of the combatant
commands. The provision would also require a report on
such objectives.
The House bill contained no similar provision.
The agreement does not include this provision.
We recognize the need to establish a comprehensive strategy
for the Space Force, and direct the Secretary of the Air Force,
in consultation with the Chief of Space Operations, to submit
to the congressional defense committees, not later than June
30, 2023, a report that includes:
(1) A description of the strategic objectives for
organizing, training, and equipping the Space Force,
including objectives for achieving and maintaining:
(a) The capability to assert a degree of
control in space that permits the conduct of
operations at a given time and place without
prohibitive interference from terrestrial or
space-based threats;
(b) Global communications, command and
control, and intelligence, surveillance, and
reconnaissance capabilities to the combatant
commands and their respective components; and
(c) Space capabilities to satisfy joint
requirements.
(2) A specific and detailed plan for achieving such
objectives that includes:
(a) A funding plan;
(b) A ground-based infrastructure plan; and
(c) A space architecture plan.
(3) An identification of any units or resources from
other Department of Defense organizations that may be
necessary to achieving such objectives; and
(4) An identification of the officer and enlisted
end-strength requirements for the Space Force to
include a justification for any additional billets that
may be necessary to achieving such objectives.
The report shall be submitted in unclassified form, but may
include a classified annex, and, not later than 14 days after
the date on which the report is submitted, the Secretary and
the Chief shall make the unclassified form of the report
available to the public on an internet website of the
Department of Defense. Furthermore, not later than 30 days
after the date on which the report is submitted, the Secretary
and the Chief shall provide a briefing to the congressional
defense committees on the report's findings.
National Security Space Launch program
The House bill contained a provision (sec. 1603) that would
express the sense of Congress regarding the acquisition
approach for phase three of the National Security Space Launch
(NSSL) program, and would require quarterly briefings to the
appropriate committees on the development of the phase three
acquisition strategy. The section would also require that the
Commander of Space Systems Command notify the defense and
intelligence committees following completion of mission
assignment boards for phase two of the NSSL program.
The Senate amendment contained a similar provision (sec.
1505) that requires phase two launch providers to meet Federal
requirements with respect to payloads and orbits.
The agreement does not include these provisions.
We note the continued importance of assured access to
space, and believe that in carrying out phase two of the
acquisition strategy for the National Security Space Launch
program, the Secretary of the Air Force should ensure that
launch services are procured only from launch service providers
that use launch vehicles meeting Federal requirements with
respect to required payloads to reference orbits. With regard
to phase two, we direct that during fiscal year 2023, the
Commander of Space System Command provide a briefing to the
congressional defense committees not later than 14 days
following completion of a mission assignment board on the
assignments made during the covered period.
Regarding phase three, we are encouraged by the work
completed to date by the Space Systems Command in developing an
acquisition strategy for phase three of the National Security
Space Launch program. As the phase three acquisition strategy
continues to be refined, we believe that:
(1) The acquisition approach for phase three of the
National Security Space Launch program should account
for changes in the launch industry;
(2) The supply of launches for phase three may be
impacted by increases in commercial space launch
demand;
(3) The Secretary of the Air Force should explore new
and innovative acquisition approaches to leverage
launch competition within the commercial market; and
(4) In developing the acquisition strategy for phase
three, the Secretary should--
(a) consider the scope of phase three
manifest requirements in comparison to the
Orbital Services Program and other potential
contract vehicles for launches;
(b) ensure the continued assured access to
space;
(c) emphasize free, fair, and open
competition;
(d) capitalize on competition across the
commercial launch industry;
(e) examine all possible options for awarding
contracts for launches during the period
covered by the phase, including: block buys;
indefinite delivery, indefinite quantity; or a
hybrid approach;
(f) consider tailorable mission assurance
options informed by previous launch vehicle
performance metrics;
(g) include options for adding launch
providers, launch systems, or both, during the
execution of phase three to address manifest
changes beyond the planned national security
space unique launches at the time of initial
award;
(h) maintain understanding of the commercial
launch industry and launch capacity needed to
fulfill the requirements of the National
Security Space Launch program; and
(i) allow for rapid development and on-orbit
deployment of enabling and transformational
technologies required to address emerging
requirements, including with respect to--
(i) Delivery of in-space
transportation, logistics, and on-orbit
servicing capabilities to enhance the
persistence, sensitivity, and
resiliency of national security space
missions in a contested space
environment;
(ii) Proliferated Low Earth orbit
constellation deployment;
(iii) Routine access to extended
orbits beyond geostationary orbits,
including cislunar orbits;
(iv) Payload fairings that exceed
current launch requirements;
(v) Increased responsiveness for
heavy lift capability;
(vi) The ability to transfer orbits,
including point-to-point orbital
transfers;
(vii) Capacity and capability to
execute secondary deployments;
(viii) High-performance upper stages;
(ix) Vertical integration; and
(x) Other new missions that are
outside the parameters of the nine
design reference missions that exist as
of the date of the enactment of this
Act.
To ensure that the congressional defense committees remain
aware of phase three acquisition strategy progress, we direct
that not later than 90 days after date of enactment, and
quarterly through fiscal year 2023, the Commander of Space
Systems Command brief the congressional defense and
intelligence committees on the development of the phase three
acquisition strategy, including how the matters described above
are being considered in such strategy.
Sense of the Senate and briefing on nuclear cooperation between the
United States and the United Kingdom
The Senate amendment contained a provision (sec. 1517) that
would express the sense of the Senate that the independent
nuclear deterrents of the United States, the United Kingdom,
and the French Republic are the supreme guarantee of the
security of the North Atlantic Treaty Organization (NATO). The
provision would further express the sense of the Senate that
the United States and the United Kingdom face similar
challenges in modernizing their aging nuclear deterrents and
that continued nuclear cooperation between the United States
and the United Kingdom is in the national security interests of
the United States. Finally, the provision would also require a
briefing on opportunities to further enhance and strengthen the
bilateral partnership between the nuclear enterprises of the
United States and the United Kingdom.
The House bill contained no similar provision.
The agreement does not include this provision.
We believe the following:
(1) The United States strategic nuclear deterrent,
and the independent strategic nuclear deterrents of the
United Kingdom and the French Republic, are the supreme
guarantee of the security of the NATO alliance and
continue to underwrite peace and security for all
members of the NATO alliance;
(2) The security of the NATO alliance also relies
upon nuclear sharing arrangements that predate, and are
fully consistent with, the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington,
London, and Moscow on July 1, 1968, and entered into
force on March 5, 1970 (commonly referred to as the
``Nuclear Non-Proliferation Treaty'');
(3) Such arrangements provide for the forward
deployment of United States nuclear weapons in Europe,
along with the supporting capabilities, infrastructure,
and dual-capable aircraft dedicated to the delivery of
United States nuclear weapons, provided by European
NATO allies;
(4) In parallel to the independent commitments of the
United States and the United Kingdom to the enduring
security of NATO, the nuclear programs of the United
States and the United Kingdom have enjoyed significant
collaborative benefits as a result of the cooperative
relationship formalized in the Agreement for
Cooperation on the Uses of Atomic Energy for Mutual
Defense Purposes, signed at Washington on July 3, 1958,
and entered into force on August 4, 1958, between the
United States and the United Kingdom (commonly referred
to as the ``Mutual Defense Agreement'');
(5) The unique partnership between the United States
and the United Kingdom has enhanced sovereign military
and scientific capabilities, strengthened bilateral
ties, and resulted in the sharing of costs;
(6) As the international security environment
deteriorates and potential adversaries expand and
enhance their nuclear forces, the extended deterrence
commitments of the United Kingdom play an increasingly
important role in supporting the security interests of
the United States and allies of the United States and
the United Kingdom;
(7) Additionally, the extension of the nuclear
deterrence commitments of the United Kingdom to members
of the NATO alliance strengthens collective security
while reducing the burden placed on United States
nuclear forces to deter potential adversaries and
assure allies of the United States;
(8) It is in the national security interest of the
United States to support the United Kingdom with
respect to the decision of the Government of the United
Kingdom to maintain its nuclear forces to deter
countries that are ``significantly increasing and
diversifying their nuclear arsenals'' and ``investing
in novel nuclear technologies and developing new
`warfighting' nuclear systems'' that could threaten
NATO allies, as outlined in the March 2021 report of
the Government of the United Kingdom entitled, ``Global
Britain in a Competitive Age: The Integrated Review of
Security, Defence, Development and Foreign Policy'';
(9) As the United States continues to modernize its
aging nuclear forces to ensure its ability to continue
to field a nuclear deterrent that is safe, secure, and
effective, the United Kingdom faces a similar
challenge;
(10) Bilateral cooperation on such programs as the
Trident II D5 weapons system, the common missile
compartment for the future Dreadnought and Columbia
classes of submarines, and the parallel development of
the W93/Mk7 warhead of the United States and the
replacement warhead of the United Kingdom, will allow
the United States and the United Kingdom to responsibly
address challenges within their legacy nuclear forces
in a cost-effective manner that preserves independent,
sovereign control; is consistent with each country's
obligations under the Nuclear Non-Proliferation Treaty;
and supports nonproliferation objectives; and
(11) Continued cooperation between the nuclear
programs of United States and the United Kingdom is
essential to ensuring that the NATO alliance continues
to be supported by credible nuclear forces capable of
preserving peace, preventing coercion, and deterring
aggression.
We direct the Under Secretary of Defense for Acquisition
and Sustainment, not later than March 4, 2023, to brief the
Committees on Armed Services of the Senate and the House of
Representatives, the Senate Committee on Foreign Relations, and
the House Foreign Affairs Committee on opportunities to further
enhance and strengthen the bilateral partnership between the
nuclear enterprises of the United States and the United
Kingdom, including potential cooperation in areas such as
advanced manufacturing, microelectronics, supercomputing, and
production modernization.
Limitation on use of funds until submission of reports on
intercontinental ballistic missile force
The Senate amendment contained a provision (sec. 1518) that
would limit the amount obligated or expended for the operations
of the Office of the Under Secretary of Defense for Policy to
not more than 50 percent of the amount authorized by this Act
until the Department of Defense provides the reports and
documents required by section 1647 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
The House bill contained no similar provision.
The agreement does not include this provision.
Funding for research and development of advanced naval nuclear fuel
system based on low-enriched uranium
The House bill contained a provision (sec. 1624) that would
increase funding for Defense Nuclear Nonproliferation Research
and Development by $20.0 million for the purpose of Low-
Enriched Uranium Research and Development for Naval Pressurized
Reactors.
The Senate amendment contained a provision (sec. 1521) that
would limit the use of funds made available in fiscal year 2023
for the purposes of conducting research and development of an
advanced naval nuclear fuel system based on low-enriched
uranium until certain determinations and reports are provided
to the congressional defense committees.
The agreement does not include these provisions.
Technical amendment to additional report matters on strategic delivery
systems
The Senate amendment contained a provision (sec. 1530) that
would make technical corrections to section 495(b) of title 10,
United States Code.
The House bill contained no similar provision.
The agreement does not include this provision.
Sense of Congress on Range of the Future and support to commercial
space launch activity
The House bill contained a provision (sec. 1608) that would
express the sense of Congress on the Range of the Future
initiative and encourage further interagency collaboration on
options to improve the infrastructure at Department of Defense
launch ranges and spaceports.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We believe the following:
(1) Section 1610 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81) contained a provision requiring the United States
Space Force to deliver a report on its Range of the
Future initiative;
(2) Based on the details in that report, that the
Nation's launch service providers, consistent with
decades of national policy, now lead the world in space
access, that United States leadership in this strategic
capability is critical to national security and
economic vitality, and that it is critical to the
Nation to continue encouraging and enabling United
States space access capabilities to flourish and
expand;
(3) The rapid growth of the commercial launch
industry places a growing demand on Department of
Defense resources at Federal space launch ranges, and
that this demand growth will continue for the
foreseeable future;
(4) The 1960s-era infrastructure of the two
Department of Defense launch ranges primarily
responsible for meeting its assured access to space
mission under section 2273 of title 10, United States
Code, and complying with section 2276 of such title, is
under increasing strain, and needs to be replaced with
a modern, state of the art launch infrastructure that
encourages and enables continued growth and leadership
in space access;
(5) Maintenance of common use critical infrastructure
like roads, culverts, bridges, deluge and water
treatment facilities, supply lines, and electrical
networks, among others, require immediate attention;
(6) Investments in infrastructure have not kept pace
with commercial demand primarily due to existing
authorities which limit reimbursement, flexible
financial investment facilities, and reinvestment of
revenue in spaceport sustainment, modernization, and
growth;
(7) The burgeoning commercial space industry requires
a more holistic, responsive process leveraging public
and private investment;
(8) The Department of Defense is constrained to
provide services to commercial users only when not
needed for public use, yet at the same time mustpromote
commercial space launch capabilities as a critical
enabler to national security;
(9) The United States Space Force has made great use
of existing authorities and those provided by other
non-Federal entities to leverage other sources of
commercial and State investment to keep pace with
demand;
(10) A similar State business development entity
would be useful for supporting commercial space launch
capability development in California at Vandenberg
Space Force Base and other spaceports, and Congress
looks forward to assisting the Department of Defense in
improving its ability to plan and support commercial
innovation while continuing to provide world class
launch and test facilities; and
(11) The Secretary of Defense and the Department
should engage with all stakeholders, including National
Aeronautics and Space Administration, other relevant
Federal agencies, and the associated congressional
authorizing committees of jurisdiction, in any
reporting, negotiation, policy, and potential
legislative proposals on this matter.
Report on hyperspectral satellite technology
The House bill contained a provision (sec. 1609) that would
require a report on the use of hyperspectral satellite
technology with regard to existing and future greenhouse gas
reduction efforts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct that not later than 180 days after the date of
enactment of this Act, the Undersecretary of Defense for
Intelligence and Security, in coordination with the Deputy
Assistant Secretary of Defense for Environment and Energy
Resilience, submit to the congressional defense committees a
report on how data from hyperspectral satellite constellations
being developed and tested by domestic commercial satellite
companies could be incorporated by the Department of Defense to
address and augment existing and future intelligence gaps and
service installation strategies.
Report on innovative technologies
The House bill contained a provision (sec. 1611) that would
require the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict and the Assistant
Secretary of the Air Force for Space Acquisition and
Integration to jointly submit to the congressional defense
committees a plan for a pilot program for the deployment of
dedicated X-band small satellite communications technologies
that may support current and future requirements of special
operations forces. The House bill also contained a provision
(sec. 1612) that would require the Secretary of the Air Force
and the Secretary of State, in consultation with the Chief of
Space Operations, to provide a report to the congressional
committees that identifies opportunities to deploy
stratospheric balloons, aerostats, or satellite technology
capable of rapidly delivering wireless internet anywhere on the
planet from the stratosphere or higher.
The Senate contained no similar provisions.
The agreement does not include these provisions.
We direct that not later than 120 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
consultation with the Chief of Space Operations, shall provide
a report to the congressional defense committees that
identifies opportunities to deploy innovative technological
solutions such as stratospheric balloons, aerostats, or
satellite technology capable of rapidly delivering wireless
internet anywhere on the planet from the stratosphere or higher
for use by the Department of Defense. The report shall identify
commercial options as well as options developed by the
Department of Defense. This report shall also detail the
feasibility of a pilot program for the deployment of dedicated
Department of Defense X-band small satellite communications
technologies that includes a description of authorities needed
to execute, timeline for implementation and duration of the
program, and costs per fiscal year to develop, deploy, and
operate the pilot program.
Information on cover provided by Department of Defense
The House bill contained a provision (sec. 1623) that would
require a report on cover and cover support activities of the
Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on availability of funds until submission of report on
layered defense for the homeland
The House bill contained a provision (sec. 1644) that would
restrict funds for the Office of the Secretary of Defense for
operating the Office of Space Policy, until the ``Layered
Defense of the Homeland'' report is delivered to Congress.
The Senate amendment contained no similar provision.
The agreement does not include this provision as the report
has been delivered.
Report on gun launched interceptor technologies
The House bill contained a provision (sec. 1652) that would
require the Secretary of Defense to submit to the congressional
defense committees a report containing an assessment of the
need for gun-launched interceptor technologies, and a funding
profile, by year, of the total cost of integrating and testing
such technologies that are under development.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Deputy Secretary of Defense, in coordination
with the Vice Chairman, Joint Chiefs of Staff, the Secretary of
Army, and the Director, Defense Advanced Research Projects
Agency, to provide to the congressional defense committees, not
later than March 31, 2023, a briefing on gun-launched
interceptor technologies and their potential for application in
layered missile defenses. The briefing shall include: (1) An
assessment of existing and emergent gun-launched interceptor
technologies, including the hypersonic gun weapon system; (2)
Estimated timelines and costs, by year, for developing and
integrating these technologies; (3) Conceptual descriptions of
the potential operational application of these technologies;
and (4) Other matters the Deputy Secretary believes are
relevant.
Report on radiation hardened, thermally insensitive telescopes for SM-3
interceptor
The House bill contained a provision (sec. 1653) that would
require the Secretary of Defense, acting through the Director
of the Missile Defense Agency, to submit to the congressional
defense committees a report on radiation hardened, thermally
insensitive telescopes for the SM-3 interceptor.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, acting through the
Director of the Missile Defense Agency, not later than March
31, 2023, to submit a report to the congressional defense
committees containing:
(1) An assessment of the requirement to develop
radiation hardened, thermally insensitive sensors for
missile defense; and
(2) A funding profile, by year, of the total cost of
integrating and testing such sensors that are under
development.
Sense of the Senate on personnel for the Space Development Agency
The Senate amendment contained a provision (sec. 6501) that
would express the sense of the Senate that as the Space
Development Agency (SDA) transfers into the United States Space
Force in October 2022, the SDA should retain the original
organization structure including three Senior Executive Service
(SES) positions.
The House bill contained no similar provision.
The agreement does not include this provision.
We understand that that the Space Development Agency, (SDA)
which transferred to the Space Force on October 1, 2022, will
retain three Senior Executive Service (SES) Branch positions
from the Office of the Secretary of Defense (OSD) that are
term-limited ending on December 31, 2023. After December 31,
2023, these three SES billets will return to the pool of SES
positions held by the OSD. As found in section 1601 of the
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283), which effectuated this transfer, the Congress was
explicit to the Department of Defense to do no harm in the
transfer given the no-fail mission entrusted to the SDA for
missile warning to protect the homeland. Section 1601(d)(2)
states that ``the transfer under paragraph (1) [requiring the
transfer to be not later than October 1, 2022] of the Space
Development Agency from the Office of the Secretary of Defense
to the Space Force shall include the transfer of funding,
duties, responsibilities and personnel of the Agency as of the
day before the date of transfer.'' In addition, the conference
report to section 1601 (House Report 116-617) states that the
congress expects that the director of the SDA ``to retain the
equivalent position of tier 3 Senior Executive Service or an
official of the Armed Forces in grade O-9.'' Overall, the
Department of Defense historically only fills around 85 percent
of total SES allocations, while the Space Force has a total of
16 SES permanent positions.
Therefore, we strongly encourage the Secretary of Defense
to permanently allocate three SES positions to the SDA to meet
congressional intent as found in section 1601 of the National
Defense Authorization Act for Fiscal Year 2021. We direct the
Secretary of Defense, in consultation with the Secretary of the
Air Force, to brief to the congressional defense committees not
later than March 31, 2023, on efforts to ensure the SDA has
three SES positions that are permanent and do not count against
the 16 SES positions currently held by the Space Force.
Assessment of readiness and survivability of strategic forces of the
United States
The Senate amendment contained a provision (sec. 8102) that
would require the Secretary of Defense, in coordination with
the Joint Chiefs of Staff and the Commander of the United
States Strategic Command, to submit to the congressional
defense committees a report on the readiness and survivability
of the strategic forces of the United States, including
recommendations for improving such readiness and survivability.
The House bill contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Commander of
United States Strategic Command, to submit to the congressional
defense committees a report on the readiness and survivability
of the strategic forces of the United States.
Title XVII--Munitions Replenishment and Future Procurement
Sec. 1701--Annual report on industrial base constraints for munitions
The Senate amendment contained a provision (sec. 847) that
would require annual reporting on industrial base constraints
for munitions.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1702--Modification to Special Defense Acquisition Fund
The House bill contained a provision (sec. 1701) that would
modify the Special Defense Acquisition Fund (SDAF) to increase
by $1.0 billion the maximum size of the SDAF.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 1703--Quarterly briefings on replenishment and revitalization of
weapons provided to Ukraine
The House bill contained provisions (secs. 1703 and 1710)
that would express senses of Congress on replenishment and
revitalization of stocks of tactical missiles and defensive and
offensive weapons provided to Ukraine. The provisions would
also require quarterly briefings on efforts to replenish and
revitalize such stocks within the Department of Defense, and
quarterly briefings on efforts to replenish and revitalize such
ally and partner stocks.
The Senate amendment contained no similar provision.
The agreement includes the House provisions with an
amendment that would eliminate the senses of Congress and
refine the elements of the briefings.
Sec. 1704--Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions
The House bill contained a provision (sec. 1704) that would
make certain findings and express the sense of Congress
regarding the importance of air and missile defense
capabilities, require an assessment of the validity of existing
battalion and interceptor acquisition objectives, provide a
report on such assessment to the congressional defense
committees, and provide additional authority to procure,
subject to the availability of appropriations, up to four
additional Patriot battalions for a total of 20 such
battalions.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 1705--Independent assessment of Department of Defense capability
and capacity needs for munitions production and stockpiling
The House bill contained a provision (sec. 1705) that would
express the sense of Congress regarding the importance of
understanding the defense industrial base's ability to
replenish critical weapon inventories, as well as require a
study by a federally funded research and development center to
conduct a detailed analysis of the capability of the Department
of Defense to replenish such critical weapon inventories.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the independent assessment focus
on the process used to develop Total Munitions Requirement
under 10 USC 222c for certain munitions, including, (1) The
sufficiency of the requirement and how views from the combatant
commands are incorporated; (2) Whether partner or allied
contributions are represented; (3) The consideration of
protracted warfare scenarios or potential simultaneous
conflicts; and (4) The degree to which elements of 10 USC
222c(c) are appropriate functional categories, in addition to
any other recommendations that could be beneficial to the
overall implementation of 10 USC 222c.
LEGISLATIVE PROVISIONS NOT ADOPTED
Development of technologies with respect to critical, preferred, and
precision-guided conventional munitions
The House bill contained a provision (sec. 1702) that would
require the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for Acquisition
and Sustainment to undertake an initiative to develop and
invest in technologies to reduce the cost of critical,
preferred, and precision-guided conventional munitions and
their development, increase reliability and lethality, simplify
manufacturing processes, and diversify the relevant supply
chains.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Out-Year Unconstrained Total Munitions Requirement, Out-Year inventory
numbers, and critical munitions reserve
The House bill contained a provision (sec. 1706) that would
modify an existing reporting requirement to shift
responsibility for reporting total unconstrained munitions
requirement figures from the chiefs of staff of the military
services to the Under Secretary of Defense for Acquisition and
Sustainment and modify the required elements of such reporting
requirement, as well as the implementation guidance used to
generate munitions requirements. The provision would also
require the Under Secretary to establish a critical munitions
reserve for each critical munitions program and provide
quarterly reports to the congressional defense committees on
such reserves. Finally, the provision would require the Under
Secretary to provide an initial report to the congressional
defense committees, not later than 90 days after the date of
enactment of this Act, on the progress of the Under Secretary
in establishing the required reserves.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Identification of subcontractors for critical munitions contracts
The House bill contained a provision (sec. 1707) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to carry out a pilot program to identify
subcontractors for critical munitions contracts.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the matters raised in this provision are
addressed elsewhere in this Act.
Study on stockpiles and production of critical guided munitions
The House bill contained a provision (sec. 1708) that would
require the Secretary of Defense to conduct a study on the rate
of depletion expected for certain critical munitions in a
large-scale conflict scenario at various levels of intensity,
detail certain required elements of such study, and require the
Secretary to provide to the congressional defense committees a
report and briefing on the study.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Ukraine Critical Munitions Acquisition Fund
The House bill contained a provision (sec. 1709) that would
establish a revolving fund to be known as the ``Ukraine
Critical Munitions Acquisition Fund.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that elsewhere in this Act, we include legislative
provisions and funding recommendations that are intended to
help the Department of Defense (DOD) increase munitions
productions and expand the industrial base to better adjust to
demand in stressing conditions. However, we note the challenges
in balancing DOD needs and forecasting additional foreign
demands for US-made munitions. The current situation with
support to Ukraine highlights the impact exceedingly long
timelines associated with foreign military sales (FMS) can have
in an active warfighting situation. We recognize a revolving
fund that forward finances munitions for which FMS cases are
likely to help alleviate this problem by creating a requirement
ahead of FMS cases such that many munitions could be already in
production or delivered when a Letter of Offer and Acceptance
(LOA) is signed. Since such sales would still be subject to
significant congressional oversight, this would also help DOD
smooth production over time while maintaining adequate
congressional levers to ensure good stewardship of the
taxpayers' dollars.
Therefore, we direct the Secretary of Defense to provide a
briefing not later than 150 days after the enactment of this
Act to the congressional defense committees on the feasibility
and advisability of establishing mechanisms to procure in an
expedited fashion munitions in advance of the establishment of
a formal requirement, whether for the use of U.S. forces or for
other purposes, including sale to foreign partners or allies.
This briefing shall include the following elements:
(1) A description of the current process of munitions
requirements generation and programming for munitions
by the Office of the Secretary of Defense, the Joint
Staff and the military departments, including
identification of any obstacles or impediments that add
excessively to the timeline for production or provision
of such munitions to partners and allies;
(2) A description of the current process and average
timeline for implementing signed LOAs resulting from
the FMS process;
(3) An estimate of the anticipated demand from non-US
countries for US-made munitions through 2035;
(4) A discussion of whether US Total Munitions
Requirements should account for protracted warfare;
(5) An estimate of the extent to which creation of
munitions purchase requirements ahead of formal
agreement and production of munitions before LOAs are
signed would enable the United States to meet FMS
demand more quickly and serve US interests;
(6) A discussion of whether US Total Munitions
Requirement (TMR) requirements should account for
potential future drawdowns or other stockpiling
requirements;
(7) Recommendations on methods, processes,
methodologies, tools or other mechanisms that could be
used to streamline the requirements and acquisition
process to substantially drive down the time and cost
associated with munitions production.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001--Short title
The House bill contained a provision (sec. 2001) that would
cite division D of this Act as the ``Military Construction
Authorization Act for Fiscal Year 2023''.
The Senate amendment contained a similar provision (sec.
2001).
The agreement includes the House provision.
Sec. 2002--Expiration of authorizations and amounts required to be
specified by law
The House bill contained a provision (sec. 2002) that would
ensure that the authorizations provided in titles XXI through
XXVII of this Act expire on October 1, 2025, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2026, whichever is later.
The Senate amendment contained an identical provision (sec.
2002).
The agreement includes this provision.
We note that contained in the 4601 tables are additional
funds to support unfunded requirements for exercise-related
unspecified minor military construction. We are concerned that
the Department of Defense does not have long-term plans for
exercise-related unspecified minor military construction as it
pertains to the Indo-Pacific and European theater exercises. We
believe that better budgeting and execution for such projects
will better situate the Department. We direct the Secretary of
Defense, in consultation with the Commander, Indo-Pacific
Command and Commander, European Command, to provide a 3-year
plan for each combatant command for exercise-related
unspecified minor military construction not later than February
1, 2023, to the congressional defense committee.
Sec. 2003--Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar tabular
entries
The House bill contained a provision (sec. 2003) that would
provide that titles XXI through XXVII of this Act would take
effect on October 1, 2022, or the date of the enactment of this
Act, whichever is later.
The Senate amendment contained a similar provision (sec.
2003).
The agreement includes the House provision.
Title XXI--Army Military Construction
Sec. 2101--Authorized Army construction and land acquisition projects
The House bill contained a provision (sec. 2101) that would
authorize military construction projects for the active
component of the Army for fiscal year 2023. The authorized
amount is listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2101).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2102--Family housing
The House bill contained a provision (sec. 2102) that would
authorize new construction, improvements, and planning and
design of family housing units for the Army for fiscal year
2023.
The Senate amendment contained a similar provision (sec.
2102).
The agreement includes the Senate provision with a
technical amendment.
Sec. 2103--Authorization of appropriations, Army
The House bill contained a provision (sec. 2103) that would
authorize appropriations for Army military construction levels
identified in section 4601 of division D of this Act.
The Senate amendment contained a similar provision (sec.
2103).
The agreement includes the Senate provision.
Sec. 2104--Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15
The House bill contained a provision (sec. 2104) that would
require the Secretary of the Army to demolish District of
Columbia Fort McNair Quarters 4, 13, and 15 not later than 1
year after the date on which all individuals occupying such
quarters have moved out.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2105--Modification of authority to carry out certain fiscal year
2019 project at Camp Tango, Korea
The House bill contained a provision (sec. 2105) that would
modify the authorization contained in section 2101(b) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) for the construction of a
command and control facility at Camp Tango, Korea.
The Senate amendment contained a similar provision (sec.
2105).
The agreement includes the Senate provision.
Sec. 2106--Extension and modification of authority to carry out certain
fiscal year 2018 projects
The House bill contained provisions (secs. 2106 and 2107)
that would extend the authorization of certain fiscal year 2017
projects until October 1, 2023 and would modify the authority
provided by section 2101(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The Senate amendment contained a similar provision (sec.
2104).
The agreement includes the House provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Directing the Secretary of Defense to continue military housing reforms
The House bill contained a provision (sec. 2004) that would
require the Secretary of Defense to consider partnerships with
innovative housing production companies to build cost-effective
multi-family housing that is energy efficient and improve
energy resiliency in order to increase the supply of affordable
housing available to active duty members of the Armed Forces or
purchasing multiple multi-family housing if this results in an
additional lower cost.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title XXII--Navy Military Construction
Sec. 2201--Authorized Navy construction and land acquisition projects
The House bill contained a provision (sec. 2201) that would
authorize Navy and Marine Corps military construction projects
for fiscal year 2022. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2201).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2202--Family housing
The House bill contained a provision (sec. 2202) that would
authorize new construction, improvements, and planning and
design of family housing units for the Department of the Navy
for fiscal year 2023.
The Senate amendment contained a similar provision (sec.
2202).
The agreement includes the Senate provision with a
technical amendment.
Sec. 2203--Authorization of appropriations, Navy
The House bill contained a provision (sec. 2203) that would
authorize appropriations for Department of Navy military
construction levels identified in section 4601 of division D of
this Act.
The Senate amendment contained an identical provision (sec.
2203).
The agreement includes this provision.
Sec. 2204--Extension of authority to carry out certain fiscal year 2018
project
The House bill contained a provision (sec. 2204) that would
extend the authorization contained in section 2002 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91) for a project at Joint Region Marianas, Guam, 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.
The Senate amendment contained a similar provision (sec.
2204).
The agreement includes the House provision.
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
The House bill contained a provision (sec. 2205) that would
require the Secretary of the Navy, subject to the availability
of appropriations, to pay the reasonable costs to transfer
customers off of the electrical utility system located at
former Naval Air Station Barber's Point, Hawaii, to the new
electrical system in Kalaeloa.
The Senate amendment contained a similar provision (sec.
318).
The agreement includes the Senate provision with a
technical amendment.
Title XXIII--Air Force Military Construction
Sec. 2301--Authorized Air Force construction and land acquisition
projects
The House bill contained a provision (sec. 2301) that would
authorize Air Force military construction projects for fiscal
year 2023. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2301).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2302--Family housing
The House bill contained a provision (sec. 2302) that would
authorize new construction, improvements, and planning and
design of family housing units for the Department of the Air
Force for fiscal year 2023.
The Senate amendment contained a similar provision (sec.
2302).
The agreement includes the Senate provision.
Sec. 2303--Authorization of appropriations, Air Force
The House bill contained a provision (sec. 2303) that would
authorize appropriations for Air Force military construction
levels identified in section 4601 of division D of this Act.
The Senate amendment contained a similar provision (sec.
2303).
The agreement includes the Senate provision.
Sec. 2304--Extension of authority to carry out certain fiscal year 2018
projects
The House bill contained a provision (sec. 2304) that would
extend the authorization of certain fiscal year 2017 projects
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.
The Senate amendment contained a similar provision (sec.
2304).
The agreement includes the House provision.
Sec. 2305--Modification of authority to carry out certain fiscal year
2021 project
The House bill contained a provision (sec. 2305) that would
modify the authorization contained in section 2301(a) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) for one project at
Hill Air Force Base, Utah.
The Senate amendment contained a similar provision (sec.
2306).
The agreement includes the House provision.
Sec. 2306--Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida
The House bill contained a provision (sec. 2306) that would
modify the authorization contained in section 2912(a) of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) for five projects at Tyndall Air Force Base,
Florida.
The Senate amendment contained a similar provision (sec.
2305).
The agreement includes the House provision.
Title XXIV--Defense Agencies Military Construction
Sec. 2401--Authorized Defense Agencies construction and land
acquisition projects
The House bill contained a provision (sec. 2401) that would
authorize military construction projects for the Defense
Agencies for fiscal year 2023. The authorized amounts are
listed on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2401).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2402--Authorized Energy Resilience and Conservation Investment
Program projects
The House bill contained a provision (sec. 2402) that would
authorize the Secretary of Defense to carry out energy
conservation projects. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2402).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2403--Authorization of appropriations, Defense Agencies
The House bill contained a provision (sec. 2403) that would
authorize appropriations for Defense Agencies' military
construction at the levels identified in section 4601 of
division D of this Act.
The Senate amendment contained a similar provision (sec.
2403).
The agreement includes the Senate provision.
Sec. 2404--Extension of authority to carry out certain fiscal year 2018
projects
The House bill contained a provision (sec. 2404) that would
extend the authorization of certain fiscal year 2018 projects
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.
The Senate amendment contained a similar provision (sec.
2404).
The agreement includes the Senate provision.
Title XXV--International Programs
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501--Authorized NATO construction and land acquisition projects
The House bill contained a provision (sec. 2501) that would
authorize the Secretary of Defense to make contributions to the
North Atlantic Treaty Organization Security Investment Program
in an amount not to exceed the sum of the amount specifically
authorized in section 2502 of this Act and the amount collected
from the North Atlantic Treaty Organization as a result of
construction previously financed by the United States.
The Senate amendment contained an identical provision (sec.
2501).
The agreement includes this provision.
Sec. 2502--Authorization of appropriations, NATO
The House bill contained a provision (sec. 2502) that would
authorize appropriations for the North Atlantic Treaty
Organization Security Investment Program at the levels
identified in section 4601 of division D of this Act.
The Senate amendment contained an identical provision (sec.
2502).
The agreement includes this provision.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511--Republic of Korea funded construction projects
The House bill contained a provision (sec. 2511) that would
authorize the Secretary of Defense to accept 7 military
construction projects totaling $750.0 million pursuant to
agreement with the Republic of Korea for required in-kind
contributions.
The Senate amendment contained an identical provision (sec.
2511).
The agreement includes this provision.
Sec. 2512--Repeal of authorized approach to certain construction
project
The House bill contained a provision (sec. 2512) that would
amend section 2511 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81).
The Senate amendment contained a similar provision (sec.
2512).
The agreement includes the House provision.
Title XXVI--Guard and Reserve Forces Facilities
Sec. 2601--Authorized Army National Guard construction and land
acquisition projects
The House bill contained a provision (sec. 2601) that would
authorize military construction projects for the Army National
Guard for fiscal year 2023. The authorized amounts are listed
on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2601).
The agreement includes the Senate provision with a
technical amendment.
We note our frustration with the Army National Guard in
providing accurate, authorizable project locations in the
President's budget submission to Congress. We encourage the
Army National Guard to review its planning and submission
process to provide specific location title delineating the
military equity where the project in question will be built.
We also note that contained in the 4601 tables are
additional funding wedges to support rising inflation and
market conditions. We further note that as this additional
funding is provided by service and component, not by individual
projects, specific project location authorization amounts may
not total the same amount for the respective projects contained
in the 4601 tables.
Sec. 2602--Authorized Army Reserve construction and land acquisition
projects
The House bill contained a provision (sec. 2602) that would
authorize military construction projects for the Army Reserve
for fiscal year 2023. The authorized amounts are listed on an
installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2602).
The agreement includes the Senate provision.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2603--Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects
The Senate amendment contained a provision (sec. 2603) that
would authorize military construction projects for the Navy
Reserve and Marine Corps Reserve for fiscal year 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2604--Authorized Air National Guard construction and land
acquisition projects
The House bill contained a provision (sec. 2603) that would
authorize military construction projects for the Air National
Guard for fiscal year 2023. The authorized amounts are listed
on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2604).
The agreement includes the Senate provision with a
technical amendment.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2605--Authorized Air Force Reserve construction and land
acquisition projects
The House bill contained a provision (sec. 2604) that would
authorize military construction projects for the Air Force
Reserve for fiscal year 2023. The authorized amounts are listed
on an installation-by-installation basis.
The Senate amendment contained a similar provision (sec.
2605).
The agreement includes the Senate provision.
We note that contained in the 4601 tables are additional
funding wedges to support rising inflation and market
conditions. We further note that as this additional funding is
provided by service and component, not by individual projects,
specific project location authorization amounts may not total
the same amount for the respective projects contained in the
4601 tables.
Sec. 2606--Authorization of appropriations, National Guard and Reserve
The House bill contained a provision (sec. 2605) that would
authorize appropriations for the reserve component military
construction projects authorized for construction for fiscal
year 2023 in this Act. The State list contained in this report
is the binding list of the specific projects authorized at each
location.
The Senate amendment contained an identical provision (sec.
2606).
The agreement includes this provision.
Sec. 2607--Corrections to authority to carry out certain fiscal year
2022 projects
The House bill contained a provision (sec. 2606) that would
modify the authority provided by section 2601 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81).
The Senate amendment contained a similar provision (sec.
2608).
The agreement includes the Senate provision with a
technical amendment.
Sec. 2608--Extension of authority to carry out certain fiscal year 2018
projects
The House bill contained a provision (sec. 2607) that would
extend the authorization of certain fiscal year 2018 projects
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.
The Senate amendment contained a similar provision (sec.
2607).
The agreement includes the House provision.
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
The House bill contained a provision (sec. 2701) that would
authorize appropriations for fiscal year 2023 for ongoing
activities that are required to implement the decisions of the
1988, 1991, 1993, 1995, and 2005 base realignment and closure
rounds.
The Senate amendment contained an identical provision (sec.
2701).
The agreement includes this provision.
Sec. 2702--Authorization to fund certain demolition and removal
activities through Department of Defense Base Closure Account
The House bill contained a provision (sec. 2702) that would
authorize Defense Base Closure Account funds to be used for
certain demolition activities.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2703--Prohibition on conducting additional base realignment and
closure (BRAC) round
The Senate amendment contained a provision (sec. 2702) that
would prohibit the Department of Defense from conducting
another base realignment and closure round.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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
The House bill contained a provision (sec. 2805) that would
increase the threshold for unspecified minor military
construction from $6.0 million to $12.0 million.
The Senate amendment contained a similar provision (sec.
2807).
The agreement includes the Senate provision.
Sec. 2802--Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor military
construction authorities
The House bill contained a provision (sec. 2801) that would
modify section 2805 of title 10, United States Code, related to
area cost factors applied to unspecified minor military
construction.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2803--Permanent authority for defense laboratory modernization
program
The House bill contained a provision (sec. 213) that would
increase the threshold for the Defense Laboratory Modernization
Pilot from $150.0 million to $300.0 million and extend the
sunset until 2030.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2804--Elimination of sunset of authority to conduct unspecified
minor military construction authority for lab revitalization
The House bill contained a provision (sec. 2806) that would
increase the unspecified minor military construction authority
for lab revitalization from $6.0 million to $12.0 million.
The Senate amendment contained a similar provision (sec.
2803).
The agreement includes the Senate provision.
Sec. 2805--Military construction projects for innovation, research,
development, test, and evaluation
The House bill contained a provision (sec. 2802) that would
allow the Secretary of Defense to carry out military
construction projects for the purpose of innovation, research,
development, test, and evaluation.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2806--Supervision of large military construction projects
The House bill contained a provision (sec. 2809A) that
would require the individual directing and supervising a
contract with a value greater than $500.0 million in connection
with a military construction project to submit a report on the
intended supervision, inspection, and overhead plan to manage
such project.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2807--Specification of Assistant Secretary of Defense for Energy,
Installations, and Environment as Chief Housing Officer
The Senate amendment contained a provision (sec. 2821) that
would amend subsection (a) of section 2851a of title 10, United
States Code, to clarify that the Assistant Secretary of Defense
for Energy, Installations, and Environment should serve as the
Chief Housing Officer.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2808--Clarification of exceptions to limitations on cost
variations for military construction projects and military
family housing projects
The House bill contained a provision (sec. 2803) that would
provide technical corrections and clarification to the
Department of Defense on section 2853 of title 10, United
States Code.
The Senate amendment contained a similar provision (sec.
2802).
The agreement includes the Senate provision.
Sec. 2809--Use of operation and maintenance funds for certain
construction projects outside the United States
The House bill contained a provision (sec. 2804) that would
amend and make permanent section 2808 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136).
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2810--Consideration of installation of integrated solar roofing to
improve energy resiliency of military installations
The House bill contained a provision (sec. 2841) that would
require the Department of Defense to update the Unified
Facilities Criteria to include considerations related to the
use of integrated solar roofing as part of new construction
projects.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
We note that this provision is not a mandate for all
military construction projects to install solar roofing, but it
is instead a requirement to review the feasibility and cost
effectiveness of the solar roofing on a case-by-case basis at
the outset of an already planned military construction project.
We note that the installation and sustainment of solar roofing
is not feasible or cost effective for all military construction
projects.
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
The Senate amendment contained a provision (sec. 317) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to establish specifications and standards for
microgrids, microgrid controllers, and gas insulated
switchgear.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2812--Determination and notification relating to Executive orders
that impact cost and scope of work of military construction
projects
The Senate amendment contained a provision (sec. 2805) that
would require the Department of Defense to update the
Department of Defense Form 1391 for each military construction
project prior to submission of the President's budget request
if the cost or scope of work could be impacted by an Executive
order signed by the President.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 2813--Requirement for inclusion of Department of Defense Forms
1391 with annual budget submission by President
The Senate amendment contained a provision (sec. 2804) that
would require each Department of Defense Form 1391 for a
military construction project to be delivered concurrently with
the annual President's budget request.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2814--Use of integrated project delivery contracts
The Senate amendment contained a provision (sec. 2809) that
would require the Secretary of each military department to
enter into at least one integrated project delivery contract
for the delivery of a military construction project in fiscal
year 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Subtitle B--Military Housing Reforms
Sec. 2821--Standardization of military installation Housing
Requirements and Market Analyses
The House bill contained a provision (sec. 2811) that would
require the military departments to conduct Housing
Requirements and Market Analysis for each installation under
their jurisdiction every 5 years.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2822--Notice requirement for MHPI ground lease extensions
The House bill contained a provision (sec. 2812) that would
require the service secretaries to notify and provide a
briefing 90 days before they enter into any ground lease
extension with a Military Housing Privatization Initiative
partner.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment that would require the Department of Defense to
provide a briefing to Congress not less than 60 days before
entering into negotiation and 90 days before agreeing to extend
the contract term of a privatized housing contract.
Sec. 2823--Annual briefings on military housing privatization projects
The House bill contained a provision (sec. 2813) that would
require the Department of Defense to provide an annual briefing
on the health of the Military Housing Privatization
Initiative's projects, enterprise-wide.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2824--Mold inspection of vacant housing units
The House bill contained a provision (sec. 2817) that would
require the Secretary of Defense to require that each landlord,
before signing a lease with a prospective tenant for a housing
unit, disclose to such prospective tenant whether there is the
presence of mold in the unit and the health effects of
mycotoxins.
The Senate amendment contained a similar provision (sec.
2823).
The agreement includes the House provision with a technical
amendment.
Sec. 2825--Implementation of recommendations from audit of medical
conditions of residents in privatized military housing
The Senate amendment contained a provision (sec. 2824) that
would implement the recommendations contained in the report of
the Inspector General of the Department of Defense regarding an
audit of medical conditions of residents in privatized military
housing.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle C--Real Property and Facilities Administration
Sec. 2831--Authorized land and facilities transfer to support contracts
with federally funded research and development centers
The House bill contained a provision (sec. 2821) that would
allow for the lease of military department lands to a federally
funded research and development center (FFRDC) pursuant to a
contract between that military department and the FFRDC.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2832--Limitation on use of funds pending completion of military
installation resilience component of master plans for at-risk
major military installations
The House bill contained a provision (sec. 2831) that would
limit the use of funds by the Office of the Secretary of
Defense for administration and service-wide activities until
the military departments have complied with section 2833 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81).
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2833--Physical entrances to certain military installations
The House bill contained a provision (sec. 2824) that would
require the Secretary of Defense to ensure that 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.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Subtitle D--Land Conveyances
Sec. 2841--Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California
The House bill contained a provision (sec. 2851) that would
extend the time frame for the Sharpe Army Depot land
conveyance.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2842--Land conveyance, Joint Base Charleston, South Carolina
The House bill contained a provision (sec. 2853) that would
authorize the Secretary of the Air Force to convey certain
properties at Joint Base Charleston, South Carolina, to the
City of North Charleston.
The Senate amendment contained a similar provision (sec.
2841).
The agreement includes the Senate provision.
Sec. 2843--Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia
The House bill contained a provision (sec. 2854) that would
authorize the Secretary of the Navy to convey certain
properties at Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia, to the Hampton Roads Sanitation
District.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2844--Land exchange, Marine Reserve Training Center, Omaha,
Nebraska
The House bill contained a provision (sec. 2855) that would
authorize the Secretary of the Navy to enter into a land
exchange agreement with the Metropolitan Community College
Area, a political subdivision of the State of Nebraska.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2845--Land Conveyance, Starkville, Mississippi
The Senate amendment contained a provision (sec. 7802) that
would grant permissive authority to the Secretary of the Army
to convey land to the city of Starkville, Mississippi.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Subtitle E--Miscellaneous Studies and Reports
Sec. 2851--Study on practices with respect to development of military
construction projects
The House bill contained a provision (sec. 2861) that would
require the Department of Defense to commission a federally
funded research and development center study on practices
related to incorporating innovative construction techniques and
sustainable materials into military construction projects.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2852--Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing
The House bill contained a provision (sec. 2867) that would
require the Secretary of Defense to submit a report analyzing
the capacity of the Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2853--Reporting on lead service lines and lead plumbing
The House bill contained a provision (sec. 2869) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a report on lead service lines and lead
plumbing.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2854--Briefing on attempts to acquire land near United States
military installations by the People's Republic of China
The Senate amendment contained a provision (sec. 6021) that
would require the Secretary of Defense to submit a report
describing land held by covered entities within 25 miles of a
military installation or military airspace in the United
States.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Subtitle F--Other Matters
Sec. 2861--Required consultation with State and local entities for
notifications related to the basing decision-making process
The House bill contained a provision (sec. 2875) that would
require the Department of Defense to consult with local
entities on issues related to increases of military personnel
at domestic installations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2862--Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training
The House bill contained a provision (sec. 2872) that would
add certain projects for Reserve Officers' Training Corps
training into the list of eligible projects for the Defense
Community Infrastructure Pilot Program.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2863--Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program
The Senate amendment contained a provision (sec. 2866) that
would amend section 2391(d) of title 10, United States Code, to
include the consideration of strategic seaports for
infrastructure improvements under the Defense Community
Infrastructure Program.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2864--Inclusion of certain property for purposes of Defense
Community Infrastructure Pilot Program
The House bill contained a provision (sec. 2871) that would
amend section 2391 of title 10, United States Code, to add
properties subject to leases or easements with military
installations to the permissible recipients of Defense
Community Infrastructure Program funds.
The Senate amendment contained a similar provision (sec.
382).
The agreement includes the House provision with a technical
amendment.
Sec. 2865--Expansion of pilot program on increased use of sustainable
building materials in military construction to include
locations throughout the United States
The House bill contained a provision (sec. 2878) that would
require the military departments to conduct a pilot program on
the use of mass timber in military construction projects.
The Senate amendment contained a similar provision (sec.
2810).
The agreement includes the Senate provision.
We note that the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) authorized a pilot program
for sustainable building materials thereby requiring each
Secretary of a military department to assess the effectiveness
of using sustainable building materials as the primary
construction material in military construction. The Department
of Defense was to evaluate these materials in the areas of
environmental sustainability, infrastructure resilience, cost
effectiveness, and timeliness of military construction
completion. We further note that the Department of the Army and
the Department of the Navy are well underway, and the
Department of the Air Force is planning to proceed in early
2023. We concur with the Department of Defense's assessment
that an additional pilot at this time, or substantial changes,
would be in conflict with and delay the current pilot that is
proceeding on schedule. We encourage the military departments
to complete the required assessments and submit their findings
to Congress as soon as possible.
Sec. 2866--Basing decision scorecard consistency and transparency
The House bill contained a provision (sec. 2873) that would
require the Secretary of the military department concerned to
solicit public comment and coordinate with the Secretary of
Defense before publishing a basing scorecard.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretaries of the military
departments to publish the criteria and methodology for the
determination of a scorecard on a public website and offer a
public comment period when published.
Sec. 2867--Temporary authority for acceptance and use of funds for
certain construction projects in the Republic of Korea
The Senate amendment contained a provision (sec. 2863) that
would amend section 2863 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to allow the
Department of Defense to accept contributions toward the
construction, rather than just design, of certain military
construction projects in the Republic of Korea.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 2868--Repeal of requirement for Interagency Coordination Group of
Inspectors General for Guam Realignment
The Senate amendment contained a provision (sec. 2862) that
would repeal the requirement for an interagency coordination
group of inspectors general for the realignment of troops to
Guam.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2869--Lease or use agreement for category 3 subterranean training
facility
The House bill contained a provision (sec. 2874) that would
require the Department of Defense to enter into a lease or use
agreement to facilitate subterranean training.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment that would make this provision a
permissive authority.
Sec. 2870--Limitation on use of funds for closure of combat readiness
training centers
The House bill contained a provision (sec. 2877) that would
prohibit the closure of any Air Force combat readiness training
center until certain conditions are met by the U.S. Air Force.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2871--Required investments in improving child development centers
The House bill contained a provision (sec. 2876) that would
require the military departments to allocate a minimum
percentage each year of facilities sustainment, renovation, and
modernization (FSRM) funds to the sustainment of child
development centers.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
We direct the Secretary of Defense to provide a briefing
not later than March 1, 2023, to the congressional defense
committees on the FSRM expenditures for the last 3 years for
child development centers. The briefing should include a
comparison chart broken out by child development center for the
funds allocated for FSRM as a percentage of the plant
replacement value.
Sec. 2872--Interagency Regional Coordinator for Resilience Pilot
Project
The House bill contained a provision (sec. 2884) that would
require the Secretary of Defense to carry out a pilot program
under which the Secretary of Defense shall establish within the
Department of Defense four Interagency Regional Coordinators.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 2873--Access to military installations for Homeland Security
Investigations personnel in Guam
The House bill contained a provision (sec. 5212) that would
require the commander of a military installation located in
Guam to grant to an officer or employee of Homeland Security
Investigations the same access to such military installation
(including the use of an APO or FPO box) such commander grants
to an officer or employee of U.S. Customs and Border Protection
or of the Federal Bureau of Investigation.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 2874--Prohibition on joint use of Homestead Air Reserve Base with
civil aviation
The Senate amendment contained a provision (sec. 2865) that
would prohibit the Secretary of the Air Force from entering
into joint use agreements between the Air Force and civil
aircraft at Homestead Air Reserve Base, Homestead, Florida, on
or before September 20, 2026.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 2875--Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles
The House bill contained a provision (sec. 320) that would
require the Secretary concerned to include information relating
to electric vehicle charging as part of the Department of
Defense Form 1391 for a military construction project for a
facility that includes, or is planned to include, parking for
covered motor vehicles.
The Senate amendment contained a similar provision (sec.
2808).
The agreement includes the Senate provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification of cost thresholds for authority of Department of Defense
to acquire low-cost interests in land
The Senate amendment contained a provision (sec. 2801) that
would amend section 2663(c) of title 10, United States Code, to
increase the cost limitation from $750,000 to $6.0 million.
The House bill contained no similar provision.
The agreement does not include this provision.
Permanent application of dollar limits for location and application to
projects outside the United States
The House bill contained a provision (sec. 2807) that would
require the Secretaries of the military departments to adjust
the area cost index limits annually.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Requirements relating to certain military construction projects
The House bill contained a provision (sec. 2809) that would
require additional measures to increase transparency within the
military construction program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Local hire requirements for military construction contracts
The House bill contained a provision (sec. 2809B) that
would require the Secretary concerned to give preference to a
person who certifies that at least 51 percent of the total
number of employees hired to perform the covered contract
(including any employees hired by a subcontractor (at any tier)
for such covered contract) shall reside in the same state as,
or within a 60-mile radius of, the location of the work to be
performed pursuant to the covered contract.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Privatization of Navy and Air Force transient housing
The House bill contained a provision (sec. 2814) that would
require the Navy and Air Force, 11 years after this provision
becomes law, to privatize their transient housing, prevent
government direct loans, government guarantees, or government
equity from being used to accomplish this privatization, and
would require consultation with the Army, which has already
completed the privatization process.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Chapter 169 of title 10, United States Code,
provides authority to the Secretaries concerned to privatize
lodging facilities. The Secretary of the Army implemented the
Privatization of Army Lodging in 2009 and has indicated cost
avoidance of $605.8 million since inception and $85.2 million
annually with better quality of facilities and higher customer
satisfaction. However, according to the Government
Accountability Office's (GAO) report published on June 9, 2021,
titled ``Military Lodging: DOD Should Provide Congress with
More Information on Army's Privatization and Better Guidance to
the Military Services'' (GAO-21-214), found that the Army may
be overstating its cost avoidance due to the methodology it
uses to calculate said cost avoidance leaving in question if
the reported financial benefits of privatization have actually
been achieved.
Therefore, we direct the Secretary of the Navy and the
Secretary of the Air Force to provide a briefing to the
congressional defense committees by not later than December 1,
2023, as to the anticipated steady state cost avoidance that
could be anticipated if a lodging privatization effort were
adopted, any barriers to implementing, and any impact to
traveling servicemembers. The methodology to calculate any cost
avoidance should take into account GAO's concerns over the
Army's existing process and address how and if the cost
avoidance metrics are impacted.
Report on Weapons Generation Facilities
The Senate amendment contained a provision (sec. 5301) that
would require the Secretary of the Air Force to submit a report
to the congressional defense committees on the construction by
the Air Force of weapons generation facilities.
The House bill contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of the Air Force to brief the
congressional defense committees not later than March 1, 2023,
on the construction of weapons generation facilities. The
briefing shall include the following: (1) For installations of
the Air Force that do not have a weapons storage area--the
total number of weapons generation facilities to be constructed
at installations assigned to Air Force Global Strike Command
and a timeline for starting and completing construction of each
such facility, including construction occurring after September
30, 2028; (2) The expected date on which the Air Force expects
to begin to store weapons at each such facility; (3) For
installations assigned to Air Force Global Strike Command that
have a weapons storage areas, the total number of weapons
storage areas to be replaced with weapons generation facilities
and the estimated date by which each installation will require
a weapons generation facility to execute the mission of such
command, including dates estimated to be later than September
30, 2028; (4) A description of the weapons currently stored in
each weapons storage area; (5) The date on which the Air Force
expects to store weapons other than those facilities and areas;
and (6) A mitigation plan to ensure that a weapons storage area
can support the safe and secure storage of weapons other than
those described above if required to do so prior to the
construction of a weapons generation facility.
Military housing feedback tool
The House bill contained a provision (sec. 2815) that would
require the Department of Defense to provide residents of
military housing a feedback tool to identify, rate, and compare
housing under the jurisdiction of the Department of Defense.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Restoration or replacement of damaged, destroyed, or economically
unrepairable facilities
The House bill contained a provision (sec. 2822) that would
amend section 2854 of title 10, United States Code, to limit
the application of appropriations for this section to military
construction appropriations and allow these funds to be used
for economically unrepairable facilities.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Defense Military Housing Readiness Council
The Senate amendment contained a provision (sec. 2822) that
would amend chapter 88 of title 10, United States Code, to
establish a Department of Defense Military Housing Readiness
Council.
The House bill contained no similar provision.
The agreement does not include this provision.
Comptroller General assessment of implementation of certain statutory
provisions intended to improve the experience of residents of
privatized military housing
The Senate amendment contained a provision (sec. 7801) that
would require the Comptroller General of the United States to
conduct an independent assessment of the implementation by the
Department of Defense of certain statutory provisions intended
to improve the experience of residents of privatized military
housing.
The House bill contained no similar provision.
The agreement does not include this provision.
Defense access road program enhancements to address transportation
infrastructure in vicinity of military installations
The House bill contained a provision (sec. 2823) that would
amend section 2816 of title 10, United States Code, by
establishing a mechanism by which local communities can
nominate roads under the Defense Access Road program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Improvements relating to access to military installations in United
States
The House bill contained a provision (sec. 2825) that would
require the Secretary of Defense to maintain access standards
applicable to all military installations in the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the Department of Defense has been reviewing
base access policies, and we encourage the Department to be
transparent about their findings and their ongoing efforts to
maximize consistency to the maximum extent practicable.
Study of military housing resilience and energy efficiency
The House bill contained a provision (sec. 2842) that would
require the Secretary of Defense to conduct a study of military
housing resilience and energy efficiency to assess compliance
with the Unified Facilities Criteria for Housing and with the
latest published editions of relevant codes, specifications,
and standards that incorporate the latest hazard-resistant and
energy-efficient designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
residential structures.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the congressional defense committees not later than November 1,
2023, on the Department of Defense's compliance with the
Unified Facilities Criteria Housing and with the latest
published editions of relevant codes, specifications, and
standards that incorporate the latest hazard-resistant and
energy-efficient designs. The study shall include: (1) An
identification and assessment of deficiencies, costs, and
timelines to relocate, rehabilitate, repair, or retrofit as
needed all military housing, including barracks, family
housing, and privatized family and unaccompanied housing, to
ensure health, safety, energy security, and resilience; (2) An
inventory of all housing structures that are located in flood
prone areas; and (3) A list of any pending updates to the
Unified Facilities Criteria to reflect the latest published
editions of relevant codes, specifications, and standards
incorporating the latest hazard resistant and energy-efficient
designs and establish minimum acceptable criteria for the
design, construction, and maintenance of residential
structures.
Land conveyance, Lewes, Delaware
The Senate amendment contained a provision (sec. 7803) that
would grant permissive authority to the Secretary of the Army
to convey approximately 5.26 acres of land to the city of
Lewes, Delaware for the purpose of housing a new municipal
campus for Lewes City Hall, a police station, and a board of
public works.
The House bill contained no similar provision.
The agreement does not include this provision.
Authority for transfer of administrative jurisdiction, Castner Range,
Fort Bliss, Texas
The House bill contained a provision (sec. 2852) that would
amend section 2844 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239) to allow for a
transfer of administrative jurisdiction of Castner Range to the
Department of the Interior.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Integrated master infrastructure plan to support defense of Guam
The Senate amendment contained a provision (sec. 2861) that
would require the Secretary of Defense, in consultation with
other pertinent Federal agencies, to update the plan required
by section 2822 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66) outlining completion of
construction, improvements, and repairs to the nonmilitary
utilities, facilities, and infrastructure, if any, on Guam
affected by the realignment of forces to reflect current and
future plans for the introduction of additional military and
supporting nonmilitary capabilities on the island.
The House bill contained no similar provision.
The agreement does not include this provision.
We believe that the successful implementation of future
Department of Defense (DOD) force laydown plans for Guam must
account for the additional demands on local infrastructure that
such personnel and equipment increases will levy. Additionally,
we strongly encourage the Department of Defense to examine
existing policies and procedures for addressing unexploded
ordnance that may be uncovered during excavation and site
preparation for future DOD facilities and equipment. The
Department should ensure such policies and procedures support
the urgency of force emplacement activities and do not
unnecessarily delay U.S. Indo-Pacific Command force posture
adjustments on the island or impose overly burdensome
requirements on planned programs.
Therefore, the committee directs the Secretary of Defense,
not later than 30 days after submitting the Defense of Guam
Draft Environmental Impact Statement for public comment, to
provide a briefing to the congressional defense committees on
DOD plans for updating and expanding the capacity of existing
Guamanian infrastructure to support U.S. forces and facilities
required for the defense of Guam. Such brief should address, at
a minimum:
(1) Improvements to the island's existing electrical
power grid and electric power generation capabilities
to satisfy the expected increase in DOD power
requirements;
(2) Opportunities for increasing energy resilience
for Department of Defense equipment and facilities;
(3) Options to expedite the removal of unexploded
ordinance during construction;
(4) Enhancements to potable water supplies and sewer
systems to sustain expected increases in DOD personnel;
(5) Needed roadway rehabilitation efforts and
enhancements to support increased traffic and heavy
equipment movements;
(6) Commercial airport and seaport rehabilitation and
capacity expansion projects to improve logistical
effectiveness and efficiency;
(7) Timelines for completion and anticipated phasing
for associated projects; and
(8) Other topics the Secretary deems appropriate to
include.
Feasibility study for Blue Grass Chemical Agent-Destruction Pilot Plant
The House bill contained a provision (sec. 2862) that would
require the Secretary of Defense to conduct a feasibility study
to assess potential missions, plants, or industries feasible
for Army or Department of Defense needs at the Blue Grass
Chemical Agent-Destruction Pilot Plant following the demolition
and remediation of the Blue Grass Chemical Agent-Destruction
Pilot Plant located at the Blue Grass Army Depot in Richmond,
Kentucky.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense, in consultation with
the Secretary of the Army, to conduct a feasibility study to
assess potential missions, plants, or industries feasible for
Army or Department of Defense needs at the Blue Grass Chemical
Agent-Destruction Pilot Plant following the demolition and
remediation of the Blue Grass Chemical Agent-Destruction Pilot
Plant located at the Blue Grass Army Depot in Richmond,
Kentucky, and report the findings of that study to the
congressional defense committees by not later than March 1,
2023. The study shall include: (1) Identification of any
buildings and infrastructure in the Blue Grass Chemical Agent-
Destruction Pilot Plant that could remain for future Army or
Department of Defense use; (2) Cost savings associated with
repurposing existing infrastructure for Army or Department of
Defense purposes; (3) Opportunities to fulfill requirements for
defense organic industrial base operations; (4) Opportunities
to fulfil requirements of Army Materiel Command strategic
planning, including ammunition production; and (5)
Opportunities to fulfill Army or Department of Defense
modernization requirements.
Comptroller General assessment of military construction, maintenance,
and upgrades of joint base infrastructure and facilities
The House bill contained a provision (sec. 2863) that would
require the Comptroller General of the United States to conduct
an assessment of possible inequitable prioritization of
military construction, maintenance, and upgrades of joint base
infrastructure and facilities, with a focus on facilities as
they relate to subordinate components relative to the
supporting component on joint bases.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General to assess the
prioritization of military construction, maintenance, and
upgrades of joint base infrastructure and facilities, with a
focus on facilities as they relate to subordinate components
relative to the supporting component on joint bases. The
assessment shall include the following elements: (1) Historical
analysis of investments made in infrastructure used by
supported components, including allocation of new
infrastructure spending between supported and supporting
components; (2) The policies and procedures at the departmental
and installation level designed to ensure the proper
sustainment, restoration, modernization, recapitalization, new
construction, and demolition of infrastructure used by
supported components; (3) Efforts to address the priorities of
the supported components through military construction and
facility upgrades; and (4) Potential benefits of using the
supported components' service-specific construction agents for
major infrastructure investments. The Comptroller General shall
initially brief the congressional defense committees not later
than September 1, 2023.
Report on underground tunnels and facilities in Hawaii
The House bill contained a provision (sec. 2864) that would
require the Assistant Secretary of Defense for Sustainment to
submit a report containing the results of a survey of
underground tunnels and facilities on Department of Defense
property located in Hawaii.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the results of a survey of underground tunnels and
facilities on Department of Defense property located in Hawaii.
The briefing shall include: (1) A description of the location,
size, and condition of underground tunnels and facilities
currently in use; (2) A description of the location, size, and
condition of unused underground tunnels and facilities; (3) A
description of any current proposed future uses for each of the
unused underground tunnels and facilities, if any; (4) A
summary of existing unmet requirements for hardened underground
facilities for each service; and (5) Efforts to coordinate
across the services the assessments and potential future use of
hardened underground facilities.
Modification of quitclaim deed between the United States and the City
of Clinton, Oklahoma
The Senate amendment contained a provision (sec. 2864) that
would require the Secretary of Defense to abrogate certain
restrictions and conditions related to the Department of
Defense for the quitclaim deed with the city of Clinton,
Oklahoma.
The House bill contained no similar provision.
The agreement does not include this provision.
We understand that further discussions are needed between
the Department of the Air Force, Clinton County, Oklahoma, and
the Oklahoma Space and Industry Development Authority. We
recognize the significant progress that has been achieved in
addressing this issue and encourage all parties to continue
working to address this issue so that a mutually beneficial
agreement can be reached in the near future.
Comptroller General report on community engagement activities at
military installations in foreign countries
The House bill contained a provision (sec. 2865) that would
require the Comptroller General of the United States to submit
a report containing the results of a study conducted by the
Comptroller General on community engagement activities at
military installations located in foreign countries.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on recognition of African American servicemembers in Department
of Defense naming practices
The House bill contained a provision (sec. 2866) that would
require the Secretary of Defense to submit a report on
recognition of African American servicemembers in Department of
Defense naming practices.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Directing the Secretary of Defense to deliver a briefing on housing
with respect to junior members of the Armed Forces
The House bill contained a provision (sec. 2868) that would
require the Secretary of Defense to provide a briefing on the
housing realities, difficulties, and needs facing junior
members of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2023,
on the housing realities, difficulties, and needs facing junior
members of the Armed Forces. The briefing shall include: (1) An
overview of the available on-base housing stock, military
services' and individual bases' housing requirements and
practices, as well as other possible options for housing junior
members of the Armed Forces; (2) An outline of the Department
of Defense's plans for identifying installations with a
shortage of on-base or off-base housing for junior enlisted
members of the Armed Forces and plans to address any shortages
in order to enable bases to house their junior members of the
Armed Forces more productively, cost-effectively, and safely;
and (3) Any other information the Secretary determines to be
relevant.
Contributions for climate resilience for North Atlantic Treaty
Organizations Security Investment
The House bill contained a provision (sec. 2879) that would
include climate resilience in the permissible uses of North
Atlantic Treaty Organization Security Investment Program funds.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Recognition of Memorial, Memorial Garden, and K9 Memorial of the
National Navy UDT-SEAL Museum in Fort Pierce, Florida, as a
national memorial, memorial garden, and K9 memorial,
respectively, of Navy SEALs and their predecessors
The House bill contained a provision (sec. 2881) that would
recognize the memorial, memorial garden, and K9 memorial of the
National Navy UDT--SEAL Museum in Fort Pierce, Florida, as a
national memorial, memorial garden, and K9 memorial,
respectively, of Navy SEALs and their predecessors.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Ensuring that contractor employees on Army Corps projects are paid
prevailing wages as required by law
The House bill contained a provision (sec. 2882) that would
require the Assistant Secretary of the Army for Civil Works to
provide to each Army Corps district clarifying, uniform
guidance with respect to prevailing wage requirements for
contractors and subcontractors of the Army Corps.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inclusion of climate resilience services in the Combatant Commander
Initiative Fund
The House bill contained a provision (sec. 2883) that would
amend section 166a(b) of title 10, United States Code, to
include climate resilience services in the Combatant Commander
Initiative Fund.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title XXIX--Fallon Range Training Complex
Secs. 2901-2933--Fallon Range Training Complex
The agreement includes a provision that would withdraw
lands for the expansion of the Fallon Range Training Complex.
LEGISLATIVE PROVISIONS NOT ADOPTED
Authorized Navy construction and land acquisition project
The House bill contained a provision (sec. 2902) that would
authorize the Secretary of the Navy to acquire real property
and carry out the military construction projects related to
science, technology, test, and evaluation for the installations
or locations inside the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that many of these projects are authorized in
section 2201 of this Act.
Authorized Army construction and land acquisition projects
The House bill contained a provision (sec. 2901) that would
authorize the Secretary of the Army to acquire real property
and carry out the military construction projects related to
science, technology, test, and evaluation for the installations
or locations inside the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that many of these projects are authorized in
section 2101 of this Act.
Authorized Air Force construction and land acquisition projects
The House bill contained a provision (sec. 2903) that would
authorize the Secretary of the Air Force to acquire real
property and carry out the military construction projects
related to science, technology, test, and evaluation for the
installations or locations inside the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that many of these projects are authorized in
section 2301 of this Act.
Authorization of appropriations
The House bill contained a provision (sec. 2904) that would
authorize funding for military construction projects related to
science, technology, test, and evaluation authorized by this
title, as specified in the funding table in section 4601.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that some of these projects are authorized in
sections 2101, 2201, and 2301 of this Act.
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
The House bill contained a provision (sec. 3101) that would
authorize appropriations for the National Nuclear Security
Administration for fiscal year 2023.
The Senate amendment contained an identical provision (sec.
3101).
The agreement includes this provision.
Sec. 3102--Defense environmental cleanup
The House bill contained a provision (sec. 3102) that would
authorize appropriations for the Department of Energy's defense
environmental cleanup for fiscal year 2023.
The Senate amendment contained a similar provision (sec.
3102).
The agreement includes the Senate provision.
Sec. 3103--Other defense activities
The House bill contained a provision (sec. 3103) that would
authorize appropriations for other defense activities of the
Department of Energy for fiscal year 2023.
The Senate amendment contained an identical provision (sec.
3103).
The agreement includes this provision.
Sec. 3104--Nuclear energy
Sec. The House bill contained a provision (sec. 3104) that
would authorize appropriations for certain nuclear energy
programs of the Department of Energy for fiscal year 2023.
The Senate amendment contained an identical provision (sec.
3104).
The agreement includes this provision.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111--Requirements for specific request for new or modified
nuclear weapons
The House bill contained a provision (sec. 3120) that would
amend subsection (a)(2) of section 4209 of the Atomic Energy
Defense Act (50 U.S.C. 2529) to modify the funding request
format for certain research related to nuclear weapon
production.
The Senate amendment contained a similar provision (sec.
3126) that would amend section 4209 of the Atomic Energy
Defense Act (50 U.S.C. 2529) to modify the required budget
request format for certain activities for new or modified
nuclear weapons.
The agreement includes the Senate provision with an
amendment that would require notification to the congressional
defense committees of any activities related to the development
of a new or modified nuclear weapon for which a specific line-
item budget request is not required.
Sec. 3112--Modifications to long-term plan for meeting national
security requirements for unencumbered uranium
The House bill contained a provision (sec. 3115) that would
amend subsection (a) of section 4221 of the Atomic Energy
Defense Act (50 U.S.C. 2538c) to modify the requirement for the
long-term plan for meeting national security requirements for
unencumbered uranium. It would add requirements to consider
uranium production by private industry and how uranium
enrichment options would reduce reliance on importing uranium
from foreign adversaries. It would also require a review by the
Comptroller General of the United States of each plan submitted
to Congress.
The Senate amendment contained a provision (sec. 1527) that
would amend section 4221(a) of the Atomic Energy Defense Act
(50 U.S.C. 2538c(a)) to extend the biannual plan submission
requirement through the year 2030.
The agreement includes the House provision with an
amendment that would extend the biannual plan submission
requirement through the year 2031.
Sec. 3113--Modification of minor construction threshold for plant
projects
The House bill contained a provision (sec. 3116) that would
amend section 4701(2) of the Atomic Energy Defense Act (50
U.S.C. 2741(2)) to raise the minor construction threshold for
plant projects to $30.0 million.
The Senate amendment contained a similar provision (sec.
3125) that would amend the minor construction threshold
provided in section 4701(2) of the Atomic Energy Defense Act
(50 U.S.C. 2741(2)) to be in base fiscal year 2021 dollars.
The agreement includes the House provision with an
amendment that would allow the Administrator for Nuclear
Security to further adjust the minor construction threshold to
account for inflation for a pilot period of 3 years. In order
to modify the threshold, the Administrator must submit a report
on the method used to calculate the inflation adjustment, wait
for a period of 30 days, and then publish the adjusted amount
in the Federal Register. The agreement also adds additional
reporting requirements for minor construction projects.
Sec. 3114--Update to plan for deactivation and decommissioning of
nonoperational defense nuclear facilities
The Senate amendment contained a provision (sec. 3117) that
would amend section 4423 of the Atomic Energy Defense Act (50
U.S.C. 2603) to modify certain requirements for the Department
of Energy to plan and carry out the deactivation and
decommissioning of nonoperational defense nuclear facilities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require reporting every 4 years rather
than every other year.
Sec. 3115--Use of alternative technologies to eliminate proliferation
threats at vulnerable sites
The Senate amendment contained a provision (sec. 3116) that
would amend section 4306B of the Atomic Energy Defense Act (50
U.S.C. 2569) to allow the Secretary of Energy to use
alternative technologies to carry out programs to convert sites
identified as presenting risks of proliferation.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3116--Unavailability for overhead costs of amounts specified for
laboratory-directed research and development
The Senate amendment contained a provision (sec. 3122) that
would prohibit national security laboratories from using funds
made available for laboratory-directed research and development
to cover the costs of general and administrative overhead.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3117--Workforce enhancement for National Nuclear Security
Administration
The House bill contained a provision (sec. 3113) that would
amend subsection (a) of section 3241A of the National Nuclear
Security Administration Act (50 U.S.C. 2441a) to require the
Office of the Administrator to annually report on personnel
levels and not to exceed 110 percent of the total number of
employees during the previous fiscal year.
The Senate amendment contained a similar provision (sec.
3111) that would set a term limit of not more than 5 years for
the Under Secretary of Energy for Nuclear Security, or until a
successor is appointed, by and with the advice and consent of
the Senate. The provision further provides that the Under
Secretary may continue serving after their term expires until
such time as a successor is confirmed by the Senate. The
provision would also repeal the cap on the total number of
full-time employees of the National Nuclear Security
Administration.
The agreement includes the Senate provision to repeal the
cap on the total number of full-time employees of the National
Nuclear Security Administration with an amendment that would
require an annual briefing on the current and projected
employees of the Office of the Administrator. The agreement
does not include a term limit for the Under Secretary of Energy
for Nuclear Security.
Sec. 3118--Modification of cost baselines for certain projects
The Senate amendment contained a provision (sec. 3121) that
would amend section 4713(a) of the Atomic Energy Defense Act
(50 U.S.C. 2753(a)) to adjust the cost baselines for certain
projects to account for inflation.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would increase the cost baselines for certain
projects, but without pegging the baseline to fiscal year 2022
dollars.
Sec. 3119--Purchase of real property options
The Senate amendment contained a provision (sec. 3123) that
would amend Subtitle E of the National Nuclear Security
Administration Act (50 U.S.C. 2461 et seq.) to allow the
National Nuclear Security Administration to purchase options
for the purchase or lease of real property, subject to certain
limitations and requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would amend Subtitle E of the National Nuclear
Security Administration Act (50 U.S.C. 2461 et seq.) to allow
the National Nuclear Security Administration to purchase
options for the purchase of real property, subject to certain
limitations and requirements.
Sec. 3120--Prohibition on availability of funds to reconvert or retire
W76-2 warheads
The House bill contained a provision (sec. 3117) that would
prohibit the National Nuclear Security Administration from
reconverting or retiring W76-2 warheads in fiscal year 2023. It
would contain a waiver if the Administrator for Nuclear
Security, in consultation with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, certifies to the
congressional defense committees that Russia and China do not
possess similar capabilities and that the Department of Defense
does not have a valid military requirement for the W76-2
warhead.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 3121--Acceleration of depleted uranium manufacturing processes
The Senate amendment contained a provision (sec. 3112) that
would require the Administrator for Nuclear Security to ensure
that the nuclear security enterprise can meet certain timelines
for cold hearth melting, net shape casting, operating certain
facilities, and converting depleted uranium hexafluoride to
depleted uranium tetrafluoride. The provision would also
require an annual briefing through 2030, the first of which is
to be provided not later than March 31, 2023.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Administrator for Nuclear
Security to ensure that the nuclear security enterprise
achieves certain capabilities related to the manufacturing of
depleted uranium by 2030. It would also require an annual
briefing through 2030, the first of which is to be provided not
later than March 31, 2023.
Sec. 3122--Assistance by the National Nuclear Security Administration
to the Air Force for the development of the Mark 21A fuse
The Senate amendment contained a provision (sec. 3114) that
would ensure the National Nuclear Security Administration
(NNSA) supports the Air Force in development of a modernized
fuse that will be integrated with the Mark (Mk) 21A reentry
vehicle and the W87-1 warhead.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that clarifies the support that NNSA shall provide
the Air Force.
Sec. 3123--Determination of standardized indirect cost elements
The Senate amendment contained a provision (sec. 3124) that
would require the Deputy Chief Financial Officer of the
Department of Energy, in consultation with the Administrator
for Nuclear Security and the Director of the Office of Science,
to determine standardized indirect cost elements to be reported
by contractors to the Administrator. The provision would also
include reporting requirements and definitions.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3124--Certification of completion of milestones with respect to
plutonium pit aging
The Senate amendment contained a provision (sec. 3113) that
would require the scientific advisory group JASON to annually
assess the National Nuclear Security Administration's (NNSA)
progress towards completing the milestones outlined in the
plutonium pit aging roadmap and provide a briefing to the
congressional defense committees on the results.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would have the Defense Programs Advisory
Committee conduct a biennial review of NNSA progress toward
completing pit aging roadmap milestones and have the scientific
advisory group JASON conduct, not later than 2030, an updated
assessment of plutonium aging.
Sec. 3125--National Nuclear Security Administration facility advanced
manufacturing development
The Senate amendment contained a provision (sec. 3127) that
would limit the amount of authorized funds available to be used
by the director of a nuclear weapons production facility to
engage in certain research, development, and demonstration
activities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that makes technical edits to clarify the
authorization.
Sec. 3126--Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration
The Senate amendment contained a provision (sec. 6502) that
would authorize management and operating contractors at
National Nuclear Security Administration covered facilities to
develop and implement workforce development and training
partnership programs with covered institutions.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would expand the scope beyond solely the covered
institutions identified.
We recognize that several Historically Black Colleges and
Universities, Hispanics-serving institutions, and Tribal
Colleges and Universities are long-standing and important
training pipelines for workforce development and training
partnership programs and urge their utilization wherever
possible.
Subtitle C--Reports and Other Matters
Sec. 3131--Modification to certain reporting requirements
The House bill contained provisions (secs. 3112 and 3114)
that would amend section 4223 of the Atomic Energy Defense Act
(50 U.S.C. 2538e) to expand and modify certain reporting and
certification requirements for the W93 nuclear weapon to
include other new or modified nuclear weapons. Section 3114
would also amend section 3136 of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) to
consolidate certain annual reporting requirements relating to
transfers of civil nuclear technology.
The Senate amendment contained no similar provision.
The agreement does not include House provision section
3112, but the agreement does include House provision section
3114 with an amendment that would clarify the Secretary of
Energy should not interpret the amended language of 42 U.S.C.
2077a(i) as requiring the cited reports to be only submitted
once annually, but rather as needed and no less frequently than
once annually.
Regarding section 3112, we note that the Senate report
accompanying S. 4543 (S. Rept. 117-130) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
contains direction to the Administrator for Nuclear Security,
in coordination with the Under Secretary of Defense for
Acquisition and Sustainment and the Vice Chairman of the Joint
Chiefs of Staff, to conduct an unconstrained review of the
Phase X Process, including associated Department of Defense
processes, such as military requirements development, and to
provide a report to the congressional defense committees, not
later than May 1, 2023. We believe that the acquisition
processes for new and modified nuclear weapons should be
holistically updated as soon as practicable to reflect modern
requirements, technologies, and reporting and oversight
capabilities, a belief reflected in the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021's (Public Law 116-283) inclusion of specific reporting and
certification requirements for the W93 program. To best inform
updates that will undoubtedly follow in future bills, we
strongly encourage the above-named officials to exhaustively
examine existing processes and provide fulsome, timely
recommendations to the committees as directed by the Committee
on Armed Services of the Senate's report.
Sec. 3132--Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions
The Senate amendment contained a provision (sec. 3131) that
would amend the Atomic Energy Defense Act (50 U.S.C. 2501 et
seq.) by removing outdated reporting and briefing requirements,
among other things.
The House contained no similar provision.
The agreement includes the Senate provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Plutonium pit production capacity
The House bill contained a provision (sec. 3111) that would
require the Secretary of Energy to produce 30 war reserve
plutonium pits at Los Alamos National Laboratory and 50 war
reserve plutonium pits at the Savannah River Plutonium
Processing Facility (SRPPF). It would also require the
Secretary of Defense to annually notify and justify its
requirement for plutonium pit production and for the Secretary
of Energy to certify that it is able to meet the requirement of
the Department of Defense.
The Senate amendment contained provisions (secs. 1524,
1528, and 1529) that would limit the funds authorized for
fiscal year 2023 for the Office of the Under Secretary of
Defense for Acquisition and Sustainment until the plan required
by section 2538a(a) of title 50, United States Code, is
submitted. The provision would also require certain reporting
from the Chairman of the Nuclear Weapons Council, and would
remove outdated reporting and briefing requirements included in
section 3120 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) and
would extend the annual certification requirement to 2029,
among other things.
The agreement does not include these provisions.
We note the significant challenges that the Department of
Energy and the National Nuclear Security Administration (NNSA)
have experienced in attempting to reestablish a plutonium pit
production capability over the past two decades. Reestablishing
basic nuclear weapons development and production capabilities
is of paramount importance to the national security of the
United States and its allies. During testimony before the
Committee on Armed Services of the Senate on May 4, 2022, the
Vice Chairman of the Joint Chiefs of Staff, Admiral Christopher
Grady, articulated the military requirement, stating, ``The
military requirement is clear, 80 pits per year as soon as
possible. If not by 2030, then as soon as possible after
that.'' Since the closure of the Rocky Flats Plant in 1992, the
United States has tried and failed on three prior occasions to
restore its ability to produce plutonium pits for the
maintenance and modernization of its nuclear weapons stockpile.
The current two-site solution for Los Alamos National
Laboratory (LANL) and the Savannah River Plutonium Pit
Processing Facility (SRPPF) represents the fourth, and most
advanced, attempt.
While we recognize the progress NNSA has made in maturing
and advancing the current two-site solution, and appreciate
NNSA's stated commitment to produce no fewer than 80 war
reserve plutonium pits per year as close to 2030 as possible,
we remain deeply concerned that these projects are not expected
to meet statutory requirements. The schedule risk of the
plutonium pit production projects has been widely acknowledged.
According to a review of SRPPF by NNSA (Critical Decision (CD)-
1 Independent Project Review (IPR): Savannah River Plutonium
Processing Facility (SRPPF), March 15, 2021), the facility will
not be ready to produce 50 war reserve pits until at least
2036, 6 years after it is needed to meet the current statutory
deadline to produce 80 war reserve plutonium pits by 2030. In
testimony before the Committee on Armed Services of the Senate
on March 9, 2022, Admiral Charles Richard, Commander of U.S.
Strategic Command, confirmed that ``we now know we will not get
80 pits per year by 2030, as is statutorily required. And even
unlimited money at this point will not buy that back.''
It is imperative that the Nuclear Weapons Council develop
plans for supporting ongoing nuclear weapons modernization
programs that realistically reflect NNSA's capability to
achieve plutonium pit production requirements. Accordingly, we
direct the Chairman of the Nuclear Weapons Council and the
Administrator for Nuclear Security to jointly conduct a review
of plutonium pit production and submit a plan to the
congressional defense committees, not later than March 31,
2023, that includes high-confidence assessments of projected
dates for the achievement of a production capacity of no fewer
than 80 war reserve plutonium pits per year. The plan shall
include, at a minimum:
(1) A preferred option and any alternatives for
establishing a sustainable capability to produce not
fewer than 80 war reserve pits per year, including
projected achievable deadlines at 70 percent and 90
percent confidence levels, as determined by the NNSA
Director of Cost Estimating and Program Evaluation;
(2) A preferred option and any alternatives for
ensuring the on-time delivery of ongoing nuclear
weapons life extension, modification, and development
programs that reflect the pit production timelines
devised under paragraph 1;
(3) Any other analysis and information the Chairman
or Administrator consider appropriate; and
(4) Any dissenting views by members of the Nuclear
Weapons Council to the plan, as appropriate.
In addition, we direct the Administrator for Nuclear
Security:
(1) Not later than March 1, 2023, to brief the
congressional defense committees on NNSA's progress
toward achieving the Critical Decision 2 milestone for
the LANL and SRPPF plutonium pit production projects
and establishing a cost and schedule baseline for each;
and
(2) Not later than June 30, 2023, to brief the
congressional defense committees on options for
partnering with entities from private industry with
expertise in advanced manufacturing and production
techniques related to nuclear metallurgy to seek cost
efficiencies and mitigate supply chain risks related to
the production of plutonium pits, including the
production and integration of glove boxes.
Comptroller General study on National Nuclear Security Administration
management and operation contracting process
The House bill contained a provision (sec. 3118) that would
require the Comptroller General of the United States to conduct
a study to identify and assess the process by which the
Administrator for Nuclear Security awards management and
operating (M&O) contracts. It would also require the
Administrator for Nuclear Security to, upon receipt of the
Comptroller's study, provide a briefing to the congressional
defense committees on any statutory changes deemed necessary to
improve the management and operation contract awarding process.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note, however, our concern about a lack of
predictability in the contracting schedule for large M&O
contracts, including the recently cancelled contract at Pantex
and Y-12. We also observe that while the NNSA has made
significant strides in improving its contract and project
management oversight performance over the past decade, it
remains on the Government Accountability Office's ``High Risk
List'' since its designation in 2009. Additionally, we are
concerned that cancellations or extended delays in the
contracting process can pose a risk to the mission in cases
where under-performing incumbents are unable to be replaced in
a timely manner. Therefore, we direct the Comptroller General
of the United States to conduct a study on cancelled and
delayed National Nuclear Security Administration M&O contracts
to identify and assess the effects of cancelling or delaying
the award or solicitation of M&O contracts at facilities in the
nuclear enterprise, to include but not limited to Pantex and Y-
12. We direct the Comptroller General to provide a briefing on
preliminary observations to the Committees on Armed Services of
the Senate and the House of Representatives not later than
April 1, 2023. We also direct the Administrator for Nuclear
Security to, upon receipt of the Comptroller's study, provide a
briefing to the congressional defense committees on any
statutory changes deemed necessary to improve the management
and operation contract awarding process.
Funding for W80-4 life extension program
The House bill contained a provision (sec. 3119) that would
increase by $5.0 million the amount authorized to be
appropriated in section 3101 for the National Nuclear Security
Administration for the W80-4 Life Extension Program.
The Senate contained no similar provision.
The agreement does not include this provision.
Designation of National Nuclear Security Administration as technical
nuclear forensics lead
The House bill contained a provision (sec. 3122) that would
designate the National Nuclear Security Administration as the
technical nuclear forensics lead.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that technical nuclear forensics is a critical
mission for which the National Nuclear Security Administration
(NNSA) plays an essential role. Under existing authorities,
NNSA houses most of the U.S. Government's nuclear forensic
analytical capabilities, including technology, expertise, and
infrastructure that cover every phase of nuclear forensics:
collection, analysis, evaluation, and attribution. NNSA remains
best situated to adapt and update mission scope to ensure the
forensics community is relevant to current threats, including
countering nuclear terrorism and deterring near-peer
adversaries. While nuclear forensics was once thought of as a
primarily domestic responsibility, Russian nuclear threats
related to its conflict in Ukraine, including the potential for
a false-flag radiological or nuclear attack, highlight the
importance of timely, credible attribution overseas in order to
deter and, if necessary, respond to nuclear employment by near-
peer adversaries.
Section 3231 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
required the National Academies of Sciences, Engineering, and
Medicine to conduct a study that examined U.S. Government
nuclear forensics capabilities. The resulting report entitled
``Restoring and Improving Nuclear Forensics to Support
Attribution and Deterrence'' was published in May 2021 and
found that national technical nuclear forensics requires
improved alignment across the U.S. Government. In particular,
the report found that the Department of Homeland Security (DHS)
had ``effectively abdicated'' its responsibilities for
technical nuclear forensics by ``prioritizing other missions''
(p. 8), all the while other organizations, most notably NNSA,
treat their nuclear forensics responsibilities as a matter of
utmost importance (p. 14). It is no surprise, then, that the
Office of Management and Budget submitted, in June 2021, an
interagency coordinated and administration approved legislative
proposal seeking to fully realign leadership for nuclear
forensics from DHS to NNSA.
The technical nuclear forensics mission must remain a
priority. We urge the U.S. Government to heed the
recommendations of the National Academies and properly align
policy, roles and responsibilities, and funding to support
effective technical nuclear forensics.
Title XXXII--Defense Nuclear Facilities Safety Board
Sec. 3201--Authorization
The House bill contained a provision (sec. 3201) that would
authorize $41.4 million for the Defense Nuclear Facilities
Safety Board.
The Senate amendment contained an identical provision (sec.
3201) that would authorize funding for the Defense Nuclear
Facilities Safety Board at $41.4 million, consistent with the
budget request.
The agreement includes the Senate provision.
Sec. 3202--Continuation of functions and powers during loss of quorum
The House bill contained a provision (sec. 3202) that would
amend section 311(e) of the Atomic Energy Act of 1954 (42
U.S.C. 2286(e)) to authorize temporary delegation of the
mission functions of the Defense Nuclear Facilities Safety
Board to the Chairperson for up to 1 year in the event of a
loss of quorum.
The Senate amendment contained a similar provision (sec.
3202) that would amend section 311 of the Atomic Energy Act of
1954 (42 U.S.C. 2286) to delegate limited authority to the
Chairperson, under certain constraints and with notification.
The agreement includes the House provision with an
amendment that would require the Board to notify the
congressional defense committees not later than 30 days after a
loss of quorum or the Chairperson initiates an investigation or
issues a recommendation to the Secretary of Energy.
Title XXXIV--Naval Petroleum Reserves
Sec. 3401--Authorization of appropriations
The House bill contained a provision (sec. 3401) that would
authorize $13.0 million for fiscal year 2023 for operation and
maintenance of the Naval Petroleum Reserves.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Title XXXV--Maritime Administration
Subtitle A--Maritime Administration
Sec. 3501--Authorization of appropriations for the Maritime
Administration
The House bill contained a provision (sec. 3501) that would
authorize funds for the Maritime Administration. Among other
programs, the provision would authorize funding for a National
Security Multi-Mission Vessel program.
The Senate amendment contained a similar provision (sec.
3502). Among other programs, the provision would authorize an
increase in the Tanker Security Program from 10 to 20 vessels.
The agreement includes the Senate provision with an
amendment that would authorize funding for a National Security
Multi-Mission Vessel program and make other technical changes.
Sec. 3502--Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies
The House bill contained a provision (sec. 3502) that would
require the Maritime Administrator within 90 days of enactment
of this Act to issue a final rule to implement and enforce
section 55305(d) of title 46, United States Code. The provision
would also amend section 55305(d)(2)(A) of title 46, United
States Code, and require the Secretary of Transportation to
submit an annual report on the underlying programs to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Maritime Administrator to
issue a final rule within 270 days of enactment of this Act.
Subtitle B--Merchant Marine Academy
Sec. 3511--Exemption of certain students from requirement to obtain
merchant mariner license
The House bill contained a provision (sec. 3512) that would
amend section 51309 of title 46, United States Code, to modify
or waive requirements for students with respect to merchant
mariner licensing.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 3512--Board of Visitors
The Senate amendment contained a provision (sec. 3535) that
would amend section 51312 of title 46, United States Code, to
make various technical modifications to the makeup and
operations of the United States Merchant Marine Academy Board
of Visitors.
The House bill contained no similar provision.
The agreement include this provision with an amendment.
Sec. 3513--Protection of cadets from sexual assault onboard vessels
The House bill contained a provision (sec. 3513) that would
amend section 51322 of title 46, United States Code, and insert
new standards and requirements for commercial vessels
participating in the United States Merchant Marine Academy's
Sea Year program.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Sec. 3514--Service academy faculty parity of use of United States
Government works
The Senate amendment contained a provision (sec. 3539) that
would amend section 105 of title 17, United States Code, to
extend authorities in that section pertaining to copyright of
Government works to faculty at the United States Merchant
Marine Academy and the United States Coast Guard Academy.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 3515--Reports on matters relating to the United States Merchant
Marine Academy
The House bill contained a provision (sec. 3515) that would
require the United States Merchant Marine Academy to provide
quarterly reports on the status of implementation of the
National Academy of Public Administration report
recommendations.
The Senate amendment contained a similar provision (sec.
3538).
The agreement includes the Senate provision with an
amendment.
Sec. 3516--Study on Capital Improvement Program at the USMMA
The Senate amendment contained a provision (sec. 3537) that
would require the Comptroller General to conduct a study of the
United States Merchant Marine Academy Capital Improvements
Program and submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives containing the results of the study not later
than 18 months after the date of enactment.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment.
Sec. 3517--Requirements relating to training of Merchant Marine Academy
cadets on certain vessels
The House bill contained a provision (sec. 3514) that would
require vessels participating in the Maritime Security Program,
Cable Security Program, or Tanker Security Program to implement
and adhere to policies, programs, criteria, and requirements
established pursuant to section 51322 of title 46, United
States Code. The provision would also expand the coverage of
these requirements to all Government-owned vessels, not just
Military Sealift Command vessels.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would delete the expanded coverage to all
Government-owned vessels.
Subtitle C--Maritime Infrastructure
Sec. 3521--United States marine highway program
The House bill contained a provision (sec. 3503) that would
amend section 55601 of title 46, United States Code, to rename
the Marine Highways Transportation Program as United States
Marine Highway Program, and make substantive changes to program
execution. The House bill also included a provision (sec. 3504)
that would amend chapter 556 of title 46, United States Code,
and create a new section 55603, Multistate, State, and regional
transportation planning.
The Senate amendment contained a similar provision (sec.
3521) that would amend section 55601 of title 46, United States
Code, to establish a Marine Highways Transportation Program.
The agreement includes Senate provision with an amendment
that would include the House provision on Multistate, State,
and regional transportation planning.
Sec. 3522--Port infrastructure development grants
The House bill contained a provision (sec. 5305) that would
authorize the Secretary of Transportation to make grants for
improving port shore power infrastructure for passenger vessels
under existing authorities pursuant to section 54301 of title
46, United States Code.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would include infrastructure for vessels that
move goods or freight.
Sec. 3523--Project selection criteria for port infrastructure
development program
The Senate amendment contained a provision (sec. 3527) that
would allow the Secretary of Transportation to take into
account, for a noncontiguous State or territory: (1) The
geographic isolation of the State or territory; and (2) The
economic dependence of the State or territory on the proposed
project.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 3524--Infrastructure improvements identified in the report on
strategic seaports
The Senate amendment contained a provision (sec. 3528) that
would amend section 54301 of title 46, United States Code, to
permit the Secretary of Transportation to consider
infrastructure improvements identified in a previous report on
strategic seaports.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 3525--GAO review of Government efforts to promote growth and
modernization of United States Merchant Fleet
The Senate amendment contained a provision (sec. 3522) that
would require the Comptroller General of the United States to
provide 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 18 months after the date of
enactment of this Act, a report on the efforts of the United
States Government to promote the growth and modernization of
the United States maritime industry.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3526--GAO review of Federal efforts to enhance port infrastructure
resiliency and disaster preparedness
The Senate amendment contained a provision (sec. 3523) that
would require the Comptroller General of the United States to
provide 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 18 months after the date of
enactment of this Act, a report on Federal Government efforts
to assist ports in improving the resiliency of key intermodal
connectors to weather-related disasters and detail certain
required elements of such report.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3527--Study on foreign investment in shipping
The Senate amendment contained a provision (sec. 3524) that
would direct the Under Secretary of Commerce for International
Trade to conduct a study on foreign investment in shipping.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 3528--Report on alternate marine fuel bunkering facilities at
ports
The Senate amendment contained a provision (sec. 3525) that
would require the Maritime Administrator, not later than 1 year
after the date of enactment of this Act, to report on port-
related infrastructure necessary to support bunkering
facilities for certain alternate marine fuels. The provision
would further require the Maritime Administrator to publish the
report on a publicly available website and specify certain
required elements of such report.
The House bill contained no similar provision.
The agreement includes the Senate provision with amendment
that would eliminate the requirement that the Administrator
publish the report on a publicly available website.
Sec. 3529--Study of cybersecurity and national security threats posed
by foreign manufactured cranes at United States ports
The Senate amendment contained a provision (sec. 3526) that
would require the Maritime Administrator to conduct a study in
consultation with the Secretary of Homeland Security, the
Secretary of Defense, and the Director of the Cybersecurity and
Infrastructure Security Agency to assess whether there are
cybersecurity or national security threats posed by foreign
manufactured cranes at United States ports. The provision would
further require the Maritime Administrator to provide to
certain relevant congressional committees an unclassified
report on such study not later than 1 year after the date of
enactment of this Act and, if determined necessary, a
classified report on the study as well.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle D--Maritime Workforce
Sec. 3531--Improving protections for Midshipmen
The Senate amendment contained a provision (sec. 3534) that
would make various improvements to programs designed to respond
to and prevent sexual misconduct within the United States
Merchant Marine Academy, as well as various other programmatic
improvements at the Academy.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment.
Sec. 3532--Maritime Technical Advancement Act
The House bill contained a provision (sec. 5323) that would
allow the Secretary of Transportation to designate certain
training entities as centers of excellence for domestic
maritime workforce training and education. The provision would
establish a grant program for such centers of excellence,
detail certain required aspects of the grant program, authorize
to be appropriated $30.0 million for the purposes of the
program, and establish a public reporting requirement for the
program, as well as a briefing requirement for the relevant
congressional committees.
The Senate amendment contained a similar provision (sec.
3536).
The agreement includes the House provision with a technical
amendment.
Sec. 3533--Ensuring diverse mariner recruitment
The Senate amendment contained a provision (sec. 3532) that
would require the Secretary of Transportation to develop and
provide to Congress, not later than 6 months after the date of
enactment of this Act, a strategy to assist State maritime
academies and the United States Merchant Marine Academy in
improving the representation of women and underrepresented
communities in the next generation of the mariner workforce.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3534--Low emissions vessels training
The Senate amendment contained a provision (sec. 3533) that
would require the Secretary of Transportation, in coordination
with other specified individuals and institutions, to develop a
strategy to ensure the adequate supply of trained United States
citizen mariners sufficient to meet the operational
requirements of low and zero emission vessels. The provision
would further require the Secretary to provide a report on the
strategy to specified congressional committees not later than 6
months after the Secretary determines there is commercially
viable technology for low and zero emission vessels, and make
publicly available such report.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Subtitle E--Other Matters
Sec. 3541--Waiver of navigation and vessel inspection laws
The House bill contained a provision (sec. 3521) that would
amend section 501 of title 46, United States Code, to make
changes to vessel-inspection laws and waiver requirements.
The Senate amendment contained a similar provision (sec.
3513).
The agreement includes the House provision with a technical
amendment.
Sec. 3542--National maritime strategy
The House bill contained a provision (sec. 3532) that would
require the Secretary of Defense to submit a report on National
Maritime Transportation that analyzes the decline in United
States-flag vessels participating in international trade and
the resultant national security implications. The provision
would also require the Secretary of Defense to submit a
National Maritime Strategy that seeks to grow shipping by
United States-flag and United States-owned vessels and that
grows the United States shipbuilding industrial base.
The Senate amendment contained similar provisions (secs.
3511 and 3512).
The agreement includes the Senate provisions with
amendments that would combine the provisions, modify the timing
of the strategy submission, and make other technical and
conforming changes.
Sec. 3543--Maritime Environmental and Technical Assistance Program
The Senate amendment contained a provision (sec. 3541) that
would modify the maritime environmental and technical
assistance program, making several amendments to section 50307
of title 46, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3544--Definition of qualified vessel
The House bill contained a provision (sec. 308 of Division
G, comprising the Don Young Coast Guard Authorization Act of
2022) that would amend Section 53501(2) of title 46, United
States Code, to add ferries to the definition of qualified
vessels.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 3545--Establishing a capital construction fund
The House bill contained a provision (sec. 309 of Division
G, comprising the Don Young Coast Guard Authorization Act of
2022) that would amend Section 53501(2) of title 46, United
States Code, to establish a capital construction fund.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 3546--Recapitalization of National Defense Reserve Fleet
The House bill contained a provision (sec. 3523) that would
direct the Secretary of Transportation to direct the Maritime
Administrator to carry out a program to design and construct up
to 10 sealift vessels for the National Defense Reserve Fleet.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 3547--Sense of Congress on Merchant Marine
The Senate amendment contained a provision (sec. 3531) that
would express the sense of Congress on the United States
Merchant Marine.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 3548--Analysis of effects of chemicals of chemicals in stormwater
runoff on Pacific salmon and steelhead
The Senate amendment contained a provision (sec. 3542) that
would require the Administrator of the National Oceanic and
Atmospheric Administration, together with other specified
officials, to begin a study that examines a range of issues
relating to the impact of stormwater runoff on Pacific salmon
and steelhead not later than 90 days after the date of
enactment of this Act. The provision would further require the
Administrator, not later than 18 months after commencing the
required study, to provide to certain specified congressional
committees and make publicly available the results of such
study.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 3549--Report on effective vessel quieting measures
The Senate amendment contained a provision (sec. 3543) that
would require the Maritime Administrator, in coordination with
other specified officials, to provide to certain congressional
committees and make publicly available a report on technology-
based controls and best management practices for reducing
vessel-generated underwater noise not later than 1 year after
the date of enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Maritime Administration
The Senate amendment contained a provision (sec. 3501) that
would reauthorize certain aspects of the Maritime
Administration.
The House bill contained a similar provision that is
addressed elsewhere in this Act.
The agreement does not include this provision.
Updated requirements for fishing crew agreements
The Senate amendment contained a provision (sec. 3540) that
would amend section 10601(b) of title 46, United States Code,
to update requirements for supporting certain crews of fishing
vessels.
The House bill contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Appointment of Superintendent of United States Merchant Marine Academy
The House bill contained a provision (sec. 3511) that would
amend section 51301 of title 46, United States Code, to modify
the eligibility requirements to become the Superintendent of
the United States Merchant Marine Academy.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Certificates of numbers for undocumented vessels
The House bill contained a provision (sec. 3522) that would
modify existing requirements for the certificates of numbers
granted to undocumented vessels under chapter 123 of title 46,
United States Code.
The Senate amendment contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Cargoes procured, furnished, or financed by the United States
Government
The House bill contained a provision (sec. 3524) that would
expand eligibility to participate in the Cargo Preference
program pursuant to section 55305 of title 46, United States
Code, to vessels documented under the laws of the United States
for less than 3 years, if the vessel will remain documented
under the laws of the United States for at least 3 years. The
provision would also require the Secretary of Defense to submit
an annual report on the list of vessels operating under section
55305(b) of title 46, United States Code.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
DIVISION D--FUNDING TABLES
Sec. 4001--Authorization of amounts in funding tables
The House bill contained a provision (sec. 4001) that would
provide for the allocation of funds among programs, projects,
and activities in accordance with the tables in division D of
this Act, subject to reprogramming guidance in accordance with
established procedures.
The Senate amendment contained a similar provision (sec.
4001).
The agreement includes the House provision.
SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2023
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference Conference
FY 2023 Request Change Authorized
----------------------------------------------------------------------------------------------------------------
DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF THE ARMED SERVICES COMMITTEE
National Defense Funding, Base Budget Request
Function 051, Department of Defense-Military
Division A: Department of Defense Authorizations
Title I--Procurement
Aircraft Procurement, Army................................. 2,849,655 856,431 3,706,086
Missile Procurement, Army.................................. 3,761,915 1,594,002 5,355,917
Weapons & Tracked Combat Vehicles, Army.................... 3,576,030 1,518,947 5,094,977
Procurement of Ammunition, Army............................ 2,639,051 282,962 2,922,013
Other Procurement, Army.................................... 8,457,509 509,423 8,966,932
Aircraft Procurement, Navy................................. 16,848,428 2,629,944 19,478,372
Weapons Procurement, Navy.................................. 4,738,705 1,121,848 5,860,553
Procurement of Ammunition, Navy & Marine Corps............. 1,052,292 167,045 1,219,337
Shipbuilding & Conversion, Navy............................ 27,917,854 4,668,781 32,586,635
Other Procurement, Navy.................................... 11,746,503 515,808 12,262,311
Procurement, Marine Corps.................................. 3,681,506 379,813 4,061,319
Aircraft Procurement, Air Force............................ 18,517,428 2,596,426 21,113,854
Missile Procurement, Air Force............................. 2,962,417 486,498 3,448,915
Procurement of Ammunition, Air Force....................... 903,630 23,395 927,025
Other Procurement, Air Force............................... 25,691,113 180,603 25,871,716
Procurement, Space Force................................... 3,629,669 447,457 4,077,126
Procurement, Defense-Wide.................................. 5,245,500 900,279 6,145,779
National Guard & Reserve Equipment......................... 0 50,000 50,000
Subtotal, Title I--Procurement............................. 144,219,205 18,929,662 163,148,867
Title II--Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 13,710,273 1,634,464 15,344,737
Research, Development, Test & Evaluation, Navy............. 24,078,718 1,340,632 25,419,350
Research, Development, Test & Evaluation, Air Force........ 44,134,301 1,712,269 45,846,570
Research, Development, Test & Evaluation, Space Force...... 15,819,372 769,698 16,589,070
Research, Development, Test & Evaluation, Defense-Wide..... 32,077,552 3,298,658 35,376,210
Operational Test & Evaluation, Defense..................... 277,194 9,485 286,679
Subtotal, Title II--Research, Development, Test and 130,097,410 8,765,206 138,862,616
Evaluation................................................
Title III--Operation and Maintenance
Operation & Maintenance, Army.............................. 58,117,556 1,107,921 59,225,477
Operation & Maintenance, Army Reserve...................... 3,228,504 78,838 3,307,342
Operation & Maintenance, Army National Guard............... 8,157,237 213,387 8,370,624
Counter-ISIS Train and Equip Fund.......................... 541,692 -38,766 502,926
Operation & Maintenance, Navy.............................. 66,151,951 2,469,291 68,621,242
Operation & Maintenance, Marine Corps...................... 9,660,944 281,253 9,942,197
Operation & Maintenance, Navy Reserve...................... 1,228,300 27,792 1,256,092
Operation & Maintenance, Marine Corps Reserve.............. 304,233 5,976 310,209
Operation & Maintenance, Air Force......................... 58,281,242 1,633,777 59,915,019
Operation & Maintenance, Space Force....................... 4,034,658 149,720 4,184,378
Operation & Maintenance, Air Force Reserve................. 3,564,544 47,665 3,612,209
Operation & Maintenance, Air National Guard................ 6,900,679 217,563 7,118,242
Operation & Maintenance, Defense-Wide...................... 48,406,516 412,579 48,819,095
Ukraine Security Assistance................................ 0 800,000 800,000
United States Court of Appeals for the Armed Forces........ 16,003 184 16,187
DOD Acquisition Workforce Development Fund................. 53,791 53,791
Overseas Humanitarian, Disaster, and Civic Aid............. 112,800 37,200 150,000
Cooperative Threat Reduction Account....................... 341,598 12,796 354,394
Environmental Restoration, Army............................ 196,244 5,584 201,828
Environmental Restoration, Navy............................ 359,348 40,225 399,573
Environmental Restoration, Air Force....................... 314,474 38,949 353,423
Environmental Restoration, Defense......................... 8,924 254 9,178
Environmental Restoration, Formerly Used Sites............. 227,262 31,466 258,728
Support for International Sporting Competitions, Defense... 10,377 296 10,673
Red Hill Recovery Fund..................................... 1,000,000 1,000,000
Subtotal, Title III--Operation and Maintenance............. 271,218,877 7,573,950 278,792,827
Title IV--Military Personnel
Military Personnel Appropriations.......................... 164,139,628 -1,860,000 162,279,628
Medicare-Eligible Retiree Health Fund Contributions........ 9,743,704 9,743,704
Subtotal, Title IV--Military Personnel..................... 173,883,332 -1,860,000 172,023,332
Title XIV--Other Authorizations
National Defense Stockpile Transaction Fund................ 253,500 750,000 1,003,500
Working Capital Fund, Army................................. 29,937 29,937
Working Capital Fund, Navy................................. 0 0
Working Capital Fund, Air Force............................ 80,448 80,448
Working Capital Fund, Defense-Wide......................... 8,302 2,500,000 2,508,302
Working Capital Fund, DECA................................. 1,211,208 224,125 1,435,333
Chemical Agents & Munitions Destruction.................... 1,059,818 28,929 1,088,747
Drug Interdiction and Counter Drug Activities.............. 855,728 18,898 874,626
Office of the Inspector General............................ 479,359 4,932 484,291
Defense Health Program..................................... 36,932,174 -74,627 36,857,547
Subtotal, Title XIV--Other Authorizations.................. 40,910,474 3,452,257 44,362,731
Total, Division A: Department of Defense Authorizations.... 760,329,298 36,861,075 797,190,373
Division B: Military Construction Authorizations
Military Construction
Army....................................................... 845,565 1,726,384 2,571,949
Navy....................................................... 3,752,391 868,706 4,621,097
Air Force.................................................. 2,055,456 1,772,472 3,827,928
Defense-Wide............................................... 2,416,398 766,699 3,183,097
NATO Security Investment Program........................... 210,139 210,139
Army National Guard........................................ 297,278 515,841 813,119
Army Reserve............................................... 99,878 349,550 449,428
Navy and Marine Corps Reserve.............................. 30,337 73,554 103,891
Air National Guard......................................... 148,883 215,220 364,103
Air Force Reserve.......................................... 56,623 92,000 148,623
Unaccompanied Housing Improvement Fund..................... 494 494
Subtotal, Military Construction............................ 9,913,442 6,380,426 16,293,868
Family Housing
Construction, Army......................................... 169,339 682,137 851,476
Operation & Maintenance, Army.............................. 436,411 10,000 446,411
Construction, Navy and Marine Corps........................ 337,297 70,395 407,692
Operation & Maintenance, Navy and Marine Corps............. 368,224 10,000 378,224
Construction, Air Force.................................... 232,788 18,800 251,588
Operation & Maintenance, Air Force......................... 355,222 10,000 365,222
Operation & Maintenance, Defense-Wide...................... 50,113 50,113
Improvement Fund........................................... 6,442 6,442
Subtotal, Family Housing................................... 1,955,836 801,332 2,757,168
Base Realignment and Closure
Base Realignment and Closure--Army......................... 67,706 50,000 117,706
Base Realignment and Closure--Navy......................... 106,664 50,000 156,664
Base Realignment and Closure--Air Force.................... 107,311 50,000 157,311
Base Realignment and Closure--Defense-wide................. 3,006 3,006
Subtotal, Base Realignment and Closure..................... 284,687 150,000 434,687
Total, Division B: Military Construction Authorizations.... 12,153,965 7,331,758 19,485,723
Total, 051, Department of Defense-Military................. 772,483,263 44,192,833 816,676,096
Division C: Department of Energy National Security Authorization and Other Authorizations
Function 053, Atomic Energy Defense Activities
Environmental and Other Defense Activities
Nuclear Energy............................................. 156,600 156,600
Weapons Activities......................................... 16,486,298 873,500 17,359,798
Defense Nuclear Nonproliferation........................... 2,346,257 7,000 2,353,257
Naval Reactors............................................. 2,081,445 2,081,445
Federal Salaries and Expenses.............................. 496,400 496,400
Defense Environmental Cleanup.............................. 6,914,532 -111,921 6,802,611
Other Defense Activities................................... 978,351 978,351
Subtotal, Environmental and Other Defense Activities....... 29,459,883 768,579 30,228,462
Independent Federal Agency Authorization
Defense Nuclear Facilities Safety Board.................... 41,401 41,401
Subtotal, Independent Federal Agency Authorization......... 41,401 0 41,401
Subtotal, 053, Atomic Energy Defense Activities............ 29,501,284 768,579 30,269,863
Function 054, Defense-Related Activities
Other Agency Authorizations
Maritime Security Program.................................. 318,000 318,000
Tanker Security Program.................................... 60,000 60,000
Subtotal, Other Agency Authorizations...................... 378,000 0 378,000
Subtotal, 054, Defense-Related Activities.................. 378,000 0 378,000
Subtotal, Division C: Department of Energy National 29,879,284 768,579 30,647,863
Security Authorization and Other Authorizations...........
Total, National Defense.................................... 802,362,547 44,961,412 847,323,959
MEMORANDUM: NON-DEFENSE AUTHORIZATIONS..................... 1,144,064 213,361 1,357,425
Title XIV--Armed Forces Retirement Home (Function 700)..... 152,360 152,360
Title XXXIV--Naval Petroleum and Oil Shale Reserves 13,004 13,004
(Function 270)............................................
Title XXXV--Maritime Administration (Function 400)......... 978,700 213,361 1,192,061
MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD)
Title X--General Transfer Authority........................ [8,000,000] [-2,000,000] [6,000,000]
MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD)
Defense Production Act..................................... 659,906 30,097 690,003
----------------------------------------------------------------------------------------------------------------
NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2023 Conference Conference
Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Summary, Discretionary Authorizations Within the Jurisdiction of the Armed Services Committee
SUBTOTAL, DEPARTMENT OF DEFENSE (051)........................... 772,483,263 44,192,833 816,676,096
SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053).................. 29,501,284 768,579 30,269,863
SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054)...................... 378,000 378,000
TOTAL, NATIONAL DEFENSE......................................... 802,362,547 44,961,412 847,323,959
Scoring adjustments
Transfers to non-Defense budget functions (051)................. -183,000 -183,000
Assumed reductions to previously enacted funding levels (054)... -55,000 -55,000
Subtotal, Scoring Adjustments................................... -238,000 -238,000
National Defense Discretionary Programs that are Not In the Jurisdiction of the Armed Services Committee or Do
Not Require Additional Authorization (CBO Estimates)
Defense Production Act Purchases................................ 659,906 30,097 690,003
Indefinite Account: Disposal of DOD Real Property............... 8,000 8,000
Indefinite Account: Lease of DOD Real Property.................. 32,000 32,000
Department of Homeland Security, Operations and Support......... 9,000 9,000
Subtotal, Budget Sub-Function 051............................... 708,906 30,097 739,003
Corps of Engineers--Civil Works, Formerly Utilized Sites 250,000 250,000
Remedial Action Program........................................
Subtotal, Budget Sub-Function 053............................... 250,000 250,000
Other Discretionary Programs.................................... 10,284,000 10,284,000
Subtotal, Budget Sub-Function 054............................... 10,284,000 10,284,000
Total Defense Discretionary Adjustments (050)................... 11,004,906 30,097 11,035,003
Budget Authority Implication, National Defense Discretionary
Department of Defens.----Military (051)......................... 773,009,169 44,222,930 817,232,099
Atomic Energy Defense Activities (053).......................... 29,751,284 768,579 30,519,863
Defense-Related Activities (054)................................ 10,607,000 10,607,000
Total BA Implication, National Defense Discretionary............ 813,367,453 44,991,509 858,358,962
National Defense Mandatory Programs, Current Law (CBO Baseline)
Concurrent receipt accrual payments to the Military Retirement 10,742,000 10,742,000
Fund...........................................................
Revolving, trust and other DOD Mandatory........................ 2,039,000 2,039,000
Offsetting receipts............................................. -2,023,000 -2,023,000
Subtotal, Budget Sub-Function 051............................... 10,758,000 10,758,000
Energy employees occupational illness compensation programs and 1,985,000 1,985,000
other..........................................................
CDC-Wide Activities and Program Support......................... 54,000 54,000
Subtotal, Budget Sub-Function 053............................... 2,039,000 2,039,000
Payment to CIA retirement fund.................................. 514,000 514,000
Subtotal, Budget Sub-Function 054............................... 514,000 514,000
Total National Defense Mandatory (050).......................... 13,311,000 13,311,000
Budget Authority Implication, National Defense Discretionary and Mandatory
Department of Defens.----Military (051)......................... 783,767,169 44,222,930 827,990,099
Atomic Energy Defense Activities (053).......................... 31,790,284 768,579 32,558,863
Defense-Related Activities (054)................................ 11,121,000 11,121,000
Total BA Implication, National Defense Discretionary and 826,678,453 44,991,509 871,669,962
Mandatory......................................................
----------------------------------------------------------------------------------------------------------------
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2023 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item ----------------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT
PROCUREMENT, ARMY
FIXED WING
002 MQ-1 UAV............ 12 350,000 0 12 350,000 12 350,000
Program increase--MQ- [12] [350,000] [0] [12] [350,000]
1 for Army National
Guard.
005 SMALL UNMANNED 0 10,598 0 10,000 0 0 10,000 20,598
AIRCRAFT SYSTEMS.
Short Range [0] [10,000] [0] [0] [10,000]
Reconnaissance
acceleration.
ROTARY
007 AH-64 APACHE BLOCK 35 524,661 0 0 0 35 524,661
IIIA REMAN.
008 AH-64 APACHE BLOCK 0 169,218 0 0 0 169,218
IIIA REMAN.
010 UH-60 BLACKHAWK M 25 650,406 2 56,400 0 2 57,400 27 707,806
MODEL (MYP).
Add 2 aircraft-- [2] [57,400] [0] [2] [57,400]
combat loss
replacement.
Unjustified growth-- [0] [-1,000] [0] [0]
program management
administration.
011 UH-60 BLACKHAWK M 0 68,147 0 0 0 68,147
MODEL (MYP).
012 UH-60 BLACK HAWK L 28 178,658 0 0 0 28 178,658
AND V MODELS.
013 CH-47 HELICOPTER.... 6 169,149 3 197,700 0 3 197,700 9 366,849
Three additional [3] [197,700] [0] [3] [197,700]
aircraft.
014 CH-47 HELICOPTER.... 0 18,749 0 0 0 18,749
MODIFICATION OF
AIRCRAFT
016 MQ-1 PAYLOAD........ 0 57,700 12 120,000 0 0 57,700
Program increase-- [12] [120,000] [0] [0]
recapitalize 12 MQ-
1 aircraft.
018 GRAY EAGLE MODS2.... 0 13,038 0 0 12 120,000 12 133,038
Program increase--MQ- [0] [0] [12] [120,000]
1C Gray Eagle
extended range
multi-domain
operations.
019 MULTI SENSOR ABN 0 21,380 0 0 5,200 0 21,380
RECON.
SOUTHCOM [0] [0] [5,200] [0]
hyperspectral
imagery sensors.
020 AH-64 MODS.......... 0 85,840 36 37,009 0 0 85,840
AH-64 Link 16 [36] [22,009] [0] [0]
modifications.
Manned-unmanned [0] [15,000] [0] [0]
teaming.
021 CH-47 CARGO 0 11,215 0 25,000 0 0 25,000 36,215
HELICOPTER MODS
(MYP).
Degraded visual [0] [25,000] [0] [0] [25,000]
environment system.
024 EMARSS SEMA MODS.... 0 1,591 0 0 0 1,591
026 UTILITY HELICOPTER 0 21,346 2 22,000 0 0 8,000 29,346
MODS.
60kVA generators.... [2] [10,000] [0] [0]
Load stabilization [0] [12,000] [0] [0] [8,000]
systems.
027 NETWORK AND MISSION 0 44,526 0 -500 0 0 44,526
PLAN.
Unjustified growth-- [0] [-500] [0] [0]
program management
administration.
028 COMMS, NAV 0 72,387 0 0 0 72,387
SURVEILLANCE.
030 AVIATION ASSURED PNT 0 71,130 0 0 0 -1,810 69,320
PM costs excess..... [0] [0] [0] [-1,810]
031 GATM ROLLUP......... 0 14,683 0 0 0 14,683
GROUND SUPPORT
AVIONICS
034 AIRCRAFT 0 167,927 0 0 0 167,927
SURVIVABILITY
EQUIPMENT.
035 SURVIVABILITY CM.... 0 6,622 0 0 0 6,622
036 CMWS................ 0 107,112 0 0 0 107,112
037 COMMON INFRARED 125 288,209 0 0 0 125 288,209
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 COMMON GROUND 0 20,823 0 0 0 20,823
EQUIPMENT.
040 AIRCREW INTEGRATED 0 25,773 0 0 0 25,773
SYSTEMS.
041 AIR TRAFFIC CONTROL. 0 27,492 0 0 0 27,492
042 LAUNCHER, 2.75 0 1,275 0 0 0 1,275
ROCKET.
043 UNDISTRIBUTED....... 0 0 90,141 0 90,141 90,141
Inflation effects... [0] [0] [90,141] [0] [90,141]
TOTAL AIRCRAFT 219 2,849,655 67 817,609 95,341 29 856,431 248 3,706,086
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 0 4,260 0 0 0 4,260
MISSILE DEFENSE
(AMD) SEN.
002 LOWER TIER AIR AND 0 9,200 0 0 0 9,200
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD-- 6 135,747 12 275,062 0 12 275,062 18 410,809
PROCUREMENT.
Additional units-- [12] [111,100] [0] [12] [111,100]
Army UPL.
Hellfire pod [0] [55,740] [0] [0] [55,740]
replacement--Army
UPL.
Production line-- [0] [108,222] [0] [0] [108,222]
Army UPL.
004 MSE MISSILE......... 252 1,037,093 0 0 0 252 1,037,093
005 PRECISION STRIKE 120 213,172 0 0 0 120 213,172
MISSILE (PRSM).
006 INDIRECT FIRE 0 18,924 0 1,250 0 0 18,924
PROTECTION
CAPABILITY INC 2-I.
Force Protection [0] [1,250] [0] [0]
Systems--Indirect
Fire Protection
Capability.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY 752 111,294 0 3500 300,000 0 752 111,294
Production increase. [0] [3,500] [300,000] [0]
008 JOINT AIR-TO-GROUND 713 216,030 0 200 96,000 0 36,000 713 252,030
MSLS (JAGM).
Defense Industrial [0] [0] [36,000] [0] [36,000]
Base (DIB)
Expansion for AGM-
179 Joint Air-to-
Ground Missiles
(JAGM).
Production increase. [0] [200] [60,000] [0]
010 LONG-RANGE 0 249,285 0 0 0 249,285
HYPERSONIC WEAPON.
ANTI-TANK/ASSAULT
MISSILE SYS
011 JAVELIN (AAWS-M) 582 162,968 0 95,900 600 200,000 0 582 162,968
SYSTEM SUMMARY.
Production increase. [0] [600] [200,000] [0]
Program increase-- [0] [95,900] [0] [0]
CLU.
012 TOW 2 SYSTEM SUMMARY 893 105,423 0 0 0 893 105,423
013 GUIDED MLRS ROCKET 4674 785,028 0 -35,000 1500 250,500 0 4,674 785,028
(GMLRS).
Prior year carryover [0] [-35,000] [0] [0]
Production increase. [0] [1,500] [250,500] [0]
014 MLRS REDUCED RANGE 342 4,354 0 0 0 342 4,354
PRACTICE ROCKETS
(RRPR).
015 HIGH MOBILITY 23 155,705 0 12 110,000 0 23 155,705
ARTILLERY ROCKET
SYSTEM (HIMARS.
Capacity expansion-- [0] [0] [10,000] [0]
launchers.
Production increase-- [0] [12] [100,000] [0]
launchers.
016 LETHAL MINIATURE 0 37,937 0 75,000 0 0 75,000 112,937
AERIAL MISSILE
SYSTEM (LMAMS.
Procurement of [0] [75,000] [0] [0] [75,000]
Switchblade 600
variant.
MODIFICATIONS
017 PATRIOT MODS........ 0 253,689 4 1,000,000 0 2 940,000 2 1,193,689
2 Additional Fire [4] [1,000,000] [0] [2] [700,000]
Units and a
Dismounted Patriot
Information and
Coordination
Central (D-PICC).
Defense Industrial [0] [0] [0] [240,000]
Base (DIB)
Expansion for
PATRIOT Advanced
Capability - 3 (PAC-
3) Missile Segment.
018 ATACMS MODS......... 0 75 100,000 0
Production increase. [0] [75] [100,000] [0]
020 ITAS/TOW MODS....... 0 5,154 0 0 0 5,154
021 MLRS MODS........... 0 218,359 0 -10,000 0 0 218,359
Program decrease.... [0] [-10,000] [0] [0]
022 HIMARS MODIFICATIONS 0 20,468 0 0 0 20,468
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 0 6,508 0 0 100,000 0 6,508
PARTS.
Advanced procurement [0] [0] [100,000] [0]
for critical
munition components.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS. 0 11,317 0 0 0 11,317
025 INDUSTRIAL 0 1000 200,000 0 150,000 150,000
PREPAREDNESS.
Blk 1 refurb [0] [1,000] [200,000] [0] [150,000]
missiles.
026 UNDISTRIBUTED....... 0 0 117,940 0 117,940 117,940
Inflation effects... [0] [0] [117,940] [0] [117,940]
TOTAL MISSILE 8,357 3,761,915 16 1,402,212 6,887 1,474,440 14 1,594,002 8,371 5,355,917
PROCUREMENT, ARMY.
PROCUREMENT OF
W&TCV, ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI 72 380,677 0 400,000 0 59 400,000 131 780,677
PURPOSE VEHICLE
(AMPV).
Program increase.... [0] [400,000] [0] [59] [400,000]
002 ASSAULT BREACHER 0 3,852 0 0 0 3,852
VEHICLE (ABV).
003 MOBILE PROTECTED 28 356,708 0 0 0 28 356,708
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE..... 102 671,271 0 219,900 0 73 219,900 175 891,171
Program increase [0] [219,900] [0] [73] [219,900]
modifications--Army
UPL.
005 BRADLEY PROGRAM 0 279,531 138 56,100 0 0 279,531
(MOD).
Improved Bradley [138] [56,100] [0] [0]
Acquisition
Subsystem upgrade--
Army UPL.
006 M109 FOV 0 3,028 0 0 0 3,028
MODIFICATIONS.
007 PALADIN INTEGRATED 27 493,003 40 160,000 0 195,000 0 195,000 27 688,003
MANAGEMENT (PIM).
Procure 40 [40] [160,000] [0] [0]
additional sets.
Program increase.... [0] [0] [195,000] [0] [195,000]
008 IMPROVED RECOVERY 12 138,759 0 0 0 12 138,759
VEHICLE (M88A2
HERCULES).
012 JOINT ASSAULT BRIDGE 6 36,990 0 0 0 6 36,990
014 ABRAMS UPGRADE 22 656,340 47 633,594 22 292,600 47 621,800 69 1,278,140
PROGRAM.
Army UFR--Additional [0] [22] [292,600] [0]
Abrams.
Program increase [0] [108,994] [0] [0] [97,200]
modifications--Army
UPL.
Program increase [47] [524,600] [0] [47] [524,600]
upgrades--Army UPL.
WEAPONS & OTHER
COMBAT VEHICLES
016 M240 MEDIUM MACHINE 0 0 0
GUN (7.62MM).
017 MULTI-ROLE ANTI- 0 26,627 0 0 0 26,627
ARMOR ANTI-
PERSONNEL WEAPON S.
018 MORTAR SYSTEMS...... 0 8,516 0 0 0 8,516
019 LOCATION & AZIMUTH 0 48,301 0 0 0 48,301
DETERMINATION
SYSTEM (LADS.
020 XM320 GRENADE 0 11,703 0 0 0 11,703
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 0 6,436 0 0 0 6,436
RIFLE.
024 NEXT GENERATION 0 221,293 0 0 0 -18,412 202,881
SQUAD WEAPON.
Automatic rifle [0] [0] [0] [-3,387]
contract delays.
Rifle contract [0] [0] [0] [-15,025]
delays.
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 M777 MODS........... 0 3,374 0 0 0 3,374
029 M4 CARBINE MODS..... 0 8,000 0 0
M4 Carbine upper [0] [8,000] [0] [0]
receivers.
030 M2 50 CAL MACHINE 0 0 0
GUN MODS.
033 M119 MODIFICATIONS.. 0 2,263 0 0 0 2,263
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN 0 2,138 0 0 0 2,138
$5.0M (WOCV-WTCV).
037 PRODUCTION BASE 0 225,220 0 0 0 225,220
SUPPORT (WOCV-WTCV).
038 UNDISTRIBUTED....... 0 0 100,659 0 100,659 100,659
Inflation effects... [0] [0] [100,659] [0] [100,659]
TOTAL PROCUREMENT OF 269 3,576,030 225 1,477,594 22 588,259 179 1,518,947 448 5,094,977
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 0 59,447 0 11,620 0 0 5,277 64,724
TYPES.
Ahead of need....... [0] [0] [0] [-4,723]
Program increase.... [0] [11,620] [0] [0] [10,000]
002 CTG, 7.62MM, ALL 0 90,019 0 20,570 0 0 6,345 96,364
TYPES.
Carryover........... [0] [0] [0] [-3,655]
Program increase.... [0] [20,570] [0] [0] [10,000]
003 NEXT GENERATION 0 128,662 0 0 0 -32,166 96,496
SQUAD WEAPON
AMMUNITION.
Schedule delays..... [0] [0] [0] [-32,166]
004 CTG, HANDGUN, ALL 0 317 0 0 0 317
TYPES.
005 CTG, .50 CAL, ALL 0 35,849 0 29,506 0 0 10,000 45,849
TYPES.
Program increase.... [0] [29,506] [0] [0] [10,000]
006 CTG, 20MM, ALL TYPES 0 11,761 0 10,000 0 0 10,000 21,761
CRAM program [0] [10,000] [0] [0] [10,000]
increase.
007 CTG, 25MM, ALL TYPES 0 10,270 0 0 0 10,270
008 CTG, 30MM, ALL TYPES 0 143,045 0 20,000 0 0 143,045
Program increase--M- [0] [20,000] [0] [0]
SHORAD ground
vehicle programs.
009 CTG, 40MM, ALL TYPES 0 85,213 0 0 0 85,213
MORTAR AMMUNITION
010 60MM MORTAR, ALL 0 33,338 0 0 0 33,338
TYPES.
011 81MM MORTAR, ALL 0 56,577 0 0 0 56,577
TYPES.
012 120MM MORTAR, ALL 0 127,168 0 0 0 127,168
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 0 296,943 0 -3,500 0 0 -3,500 293,443
105MM AND 120MM,
ALL TYPES.
120mm MPT--Unit cost [0] [-3,500] [0] [0] [-3,500]
growth.
ARTILLERY AMMUNITION
014 ARTILLERY 0 7,647 0 -2,000 0 0 7,647
CARTRIDGES, 75MM &
105MM, ALL TYPES.
Artillery Cartridge [0] [-2,000] [0] [0]
unit cost growth.
015 ARTILLERY 0 182,455 0 -10,000 0 0 30,000 212,455
PROJECTILE, 155MM,
ALL TYPES.
Defense Industrial [0] [0] [0] [40,000]
Base (DIB)
Expansion for
XM1128 and XM113
(IB only)--155mm
rounds.
Proj Arty 155mm HE [0] [-10,000] [0] [0] [-10,000]
RAP M1210--Early to
need.
017 PRECISION ARTILLERY 0 166,334 0 0 0 166,334
MUNITIONS.
018 ARTILLERY 0 143,763 0 0 0 143,763
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
019 MINES & CLEARING 0 80,920 0 -15,000 0 0 80,920
CHARGES, ALL TYPES.
M58A4 Linear [0] [-10,000] [0] [0]
Demolition Charge--
Program Reduction.
MK22 rocket--Program [0] [-5,000] [0] [0]
Reduction.
020 CLOSE TERRAIN 0 53,579 0 0 0 53,579
SHAPING OBSTACLE.
ROCKETS
021 SHOULDER LAUNCHED 0 18,159 0 0 0 18,159
MUNITIONS, ALL
TYPES.
022 ROCKET, HYDRA 70, 0 171,697 0 0 0 171,697
ALL TYPES.
OTHER AMMUNITION
023 CAD/PAD, ALL TYPES.. 0 7,643 0 0 0 7,643
024 DEMOLITION 0 29,796 0 0 0 29,796
MUNITIONS, ALL
TYPES.
025 GRENADES, ALL TYPES. 0 36,251 0 0 0 36,251
026 SIGNALS, ALL TYPES.. 0 13,852 0 0 0 13,852
027 SIMULATORS, ALL 0 9,350 0 0 0 9,350
TYPES.
028 REACTIVE ARMOR TILES 1328 6,025 0 0
Additional Bradley [1,328] [6,025] [0] [0]
tiles--Army UPL.
MISCELLANEOUS
029 AMMO COMPONENTS, ALL 0 3,823 0 0 0 3,823
TYPES.
030 ITEMS LESS THAN $5 0 19,921 0 0 0 19,921
MILLION (AMMO).
031 AMMUNITION PECULIAR 0 13,001 0 0 0 13,001
EQUIPMENT.
032 FIRST DESTINATION 0 17,528 0 0 0 17,528
TRANSPORTATION
(AMMO).
033 CLOSEOUT LIABILITIES 0 101 0 0 0 101
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL 0 499,613 0 178,450 0 0 178,450 678,063
FACILITIES.
Construction of [0] [10,000] [0] [0] [10,000]
Automated
Contaminated Waste
Plant, Lake City
AAP.
Construction of [0] [3,000] [0] [0] [3,000]
Electrical System
Upgrade Phase I,
Scranton AAP.
Construction of Erie [0] [700] [0] [0] [700]
1--Unload
Manipulator,
Scranton AAP.
Construction of [0] [500] [0] [0] [500]
Forge Shop--Process
Smog Removal
System, Scranton
AAP.
Construction of [0] [1,250] [0] [0] [1,250]
Forge Shop--Replace
Pipes (Subway
Area), Scranton AAP.
Construction of [0] [1,600] [0] [0] [1,600]
Industrial Sewer
Modernization, Iowa
AAP.
Construction of [0] [4,300] [0] [0] [4,300]
Infrastructure
Repairs Phase I,
Scranton AAP.
Construction of [0] [3,030] [0] [0] [3,030]
Infrastructure
Repairs Phase II,
Scranton AAP.
Construction of [0] [2,400] [0] [0] [2,400]
Medium Cal X-Ray
Equipment &
Infrastructure,
Iowa AAP.
Construction of [0] [8,530] [0] [0] [8,530]
Replace Internal
Water/Condensate
Lines, Bldgs 1, 2,
& 3, Lake City AAP.
Construction of [0] [8,000] [0] [0] [8,000]
Small Caliber
Automated Primer
Design, Lake City
AAP.
Construction of [0] [3,300] [0] [0] [3,300]
Storage Yard K Mod
& Automation, Iowa
AAP.
Construction of [0] [3,740] [0] [0] [3,740]
Ultra Violet Fire
Detection System,
Iowa AAP.
Construction of [0] [5,600] [0] [0] [5,600]
Upgrade Laundry
Facility, Holston
AAP.
Construction of [0] [25,000] [0] [0] [25,000]
Water Distribution
System, Radford AAP.
Construction of [0] [2,500] [0] [0] [2,500]
Water In-take Pumps
(B. 407), Radford
AAP.
Urgent Safety [0] [95,000] [0] [0] [95,000]
Upgrades to LCAAP.
035 CONVENTIONAL 0 80,970 0 0 0 80,970
MUNITIONS
DEMILITARIZATION.
036 ARMS INITIATIVE..... 0 4,039 0 0 0 4,039
037 UNDISTRIBUTED....... 0 0 78,556 0 78,556 78,556
Inflation effects... [0] [0] [78,556] [0] [78,556]
TOTAL PROCUREMENT OF 2,639,051 1,328 245,671 78,556 282,962 2,922,013
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 0 23,021 0 0 0 23,021
FLATBED:.
003 SEMITRAILERS, 0 21,869 0 0 0 -2,500 19,369
TANKERS.
Carryover........... [0] [0] [0] [-2,500]
004 HI MOB MULTI-PURP 0 6,121 0 0 0 6,121
WHLD VEH (HMMWV).
005 GROUND MOBILITY 0 34,316 0 12,800 0 0 12,800 47,116
VEHICLES (GMV).
Program increase-- [0] [12,800] [0] [0] [12,800]
Infantry Squad
Vehicle.
006 ARNG HMMWV 0 0 0
MODERNIZATION
PROGRAM.
007 JOINT LIGHT TACTICAL 0 703,110 0 0 0 -16,714 686,396
VEHICLE FAMILY OF
VEHICL.
Unit cost increases. [0] [0] [0] [-16,714]
008 TRUCK, DUMP, 20T 0 30,000 0 0 30,000
(CCE).
Program increase.... [0] [30,000] [0] [0] [30,000]
009 FAMILY OF MEDIUM 0 74,086 102 83,660 0 102 83,660 102 157,746
TACTICAL VEH (FMTV).
Program increase.... [102] [83,660] [0] [102] [83,660]
010 FAMILY OF COLD 0 23,772 0 0 0 23,772
WEATHER ALL-TERRAIN
VEHICLE (C.
011 FIRETRUCKS & 0 39,950 0 0 0 39,950
ASSOCIATED
FIREFIGHTING EQUIP.
012 FAMILY OF HEAVY 0 96,112 287 143,500 0 0 110,000 206,112
TACTICAL VEHICLES
(FHTV).
Program increase.... [287] [143,500] [0] [0] [110,000]
013 PLS ESP............. 0 54,674 0 0 0 54,674
015 TACTICAL WHEELED 0 0 0
VEHICLE PROTECTION
KITS.
016 MODIFICATION OF IN 0 31,819 0 183,000 2682 50,458 0 183,000 214,819
SVC EQUIP.
Army UFR--Anti-Lock [0] [2,682] [50,458] [0]
Brake System/
Electronic
Stability Control
retrofit kits.
HMMWV safety [0] [183,000] [0] [0] [183,000]
upgrades.
NON-TACTICAL
VEHICLES
017 PASSENGER CARRYING 0 1,286 0 0 0 1,286
VEHICLES.
018 NONTACTICAL 0 15,059 0 0 0 15,059
VEHICLES, OTHER.
COMM--JOINT
COMMUNICATIONS
019 SIGNAL MODERNIZATION 0 179,853 0 -10,000 0 0 -10,000 169,853
PROGRAM.
Equipment Cost [0] [-5,000] [0] [0] [-5,000]
Growth.
Software Cost Growth [0] [-5,000] [0] [0] [-5,000]
020 TACTICAL NETWORK 0 382,007 0 35,000 0 0 35,000 417,007
TECHNOLOGY MOD IN
SVC.
Program acceleration [0] [35,000] [0] [0] [35,000]
(mobile networking
for three maneuver
battalions).
022 DISASTER INCIDENT 0 4,066 0 0 0 4,066
RESPONSE COMMS
TERMINAL (DI.
023 JCSE EQUIPMENT 0 5,505 0 0 0 5,505
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
026 DEFENSE ENTERPRISE 0 107,228 0 0 0 107,228
WIDEBAND SATCOM
SYSTEMS.
027 TRANSPORTABLE 0 119,259 0 0 0 -5,009 114,250
TACTICAL COMMAND
COMMUNICATIONS.
Carryover........... [0] [0] [0] [-5,009]
028 SHF TERM............ 0 23,173 0 0 0 23,173
029 ASSURED POSITIONING, 0 184,911 0 20,000 0 0 184,911
NAVIGATION AND
TIMING.
MAPS--Army UPL...... [0] [20,000] [0] [0]
030 EHF SATELLITE 0 5,853 0 0 0 5,853
COMMUNICATION.
031 SMART-T (SPACE)..... 0 4,916 0 0 0 4,916
032 GLOBAL BRDCST SVC-- 0 3,179 0 0 0 3,179
GBS.
COMM--C3 SYSTEM
034 COE TACTICAL SERVER 0 94,287 0 -7,000 0 0 -3,900 90,387
INFRASTRUCTURE
(TSI).
Unjustified cost [0] [-7,000] [0] [0] [-3,900]
growth.
COMM--COMBAT
COMMUNICATIONS
035 HANDHELD MANPACK 0 728,366 0 0 0 -7,774 720,592
SMALL FORM FIT
(HMS).
Early to need-- [0] [0] [0] [-5,774]
single-channel data
radio.
Excess to need-- [0] [0] [0] [-2,000]
handheld radio
systems engineering.
037 ARMY LINK 16 SYSTEMS 0 47,581 0 0 0 47,581
038 TACTICAL 0 0 0
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
039 UNIFIED COMMAND 0 20,178 0 0 0 20,178
SUITE.
040 COTS COMMUNICATIONS 0 320,595 0 0 0 -6,941 313,654
EQUIPMENT.
LCTRR costs [0] [0] [0] [-6,941]
previously funded.
041 FAMILY OF MED COMM 0 7,621 0 0 0 7,621
FOR COMBAT CASUALTY
CARE.
042 ARMY COMMUNICATIONS 0 59,705 0 0 0 59,705
& ELECTRONICS.
COMM--INTELLIGENCE
COMM
043 CI AUTOMATION 0 13,891 0 0 0 13,891
ARCHITECTURE-INTEL.
045 MULTI-DOMAIN 0 20,637 0 0 0 20,637
INTELLIGENCE.
INFORMATION SECURITY
046 INFORMATION SYSTEM 0 1,019 0 0 0 1,019
SECURITY PROGRAM-
ISSP.
047 COMMUNICATIONS 0 125,692 0 0 0 125,692
SECURITY (COMSEC).
049 INSIDER THREAT 0 1,796 0 0 0 1,796
PROGRAM--UNIT
ACTIVITY MONITO.
051 BIOMETRIC ENABLING 0 816 0 0 0 816
CAPABILITY (BEC).
052 ARCYBER DEFENSIVE 0 18,239 0 0 0 18,239
CYBER OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
054 BASE SUPPORT 0 10,262 0 15,000 0 1,250 0 15,000 25,262
COMMUNICATIONS.
AFRICOM UFR--force [0] [0] [1,250] [0]
protection.
CONUS land mobile [0] [15,000] [0] [0] [15,000]
radio.
COMM--BASE
COMMUNICATIONS
055 INFORMATION SYSTEMS. 0 116,522 0 24,000 0 0 -22,523 93,999
Ahead of need....... [0] [0] [0] [-22,523]
IT Network Refresh.. [0] [24,000] [0] [0]
056 EMERGENCY MANAGEMENT 0 5,036 0 0 0 5,036
MODERNIZATION
PROGRAM.
059 INSTALLATION INFO 0 214,806 0 0 0 214,806
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT
INT REL ACT (TIARA)
062 TITAN............... 0 84,821 0 -84,821 0 -84,821 0 -84,821
Army requested [0] [-19,680] [0] [0] [-19,680]
realignment to OPA
line 66.
Army Requested [0] [-50,900] [0] [0] [-50,900]
Realignment to RDTE.
Funding ahead of [0] [-14,241] [0] [0] [-14,241]
need.
Realignment of funds [0] [0] [-84,821] [0]
063 JTT/CIBS-M.......... 0 2,352 0 0 0 2,352
064 TERRESTRIAL LAYER 0 88,915 0 0 -38,000 0 -80,542 8,373
SYSTEMS (TLS).
Production contract [0] [0] [0] [-42,542]
ahead of need.
Realignment of funds [0] [0] [-38,000] [0] [-38,000]
066 DCGS-A-INTEL........ 0 76,771 0 39,680 0 19,680 0 19,680 96,451
Additional systems-- [0] [20,000] [0] [0]
Army UPL.
Army requested [0] [19,680] [0] [0] [19,680]
realignment from
OPA line 62.
TITAN Realignment of [0] [0] [19,680] [0]
funds.
067 JOINT TACTICAL 0 349 0 0 0 349
GROUND STATION
(JTAGS)-INTEL.
068 TROJAN.............. 0 20,562 15 48,720 0 0 20,562
Add 15--Army UPL.... [15] [48,720] [0] [0]
069 MOD OF IN-SVC EQUIP 0 30,424 0 29,300 0 9,300 0 19,300 49,724
(INTEL SPT).
INDOPACOM UFR-- [0] [0] [9,300] [0] [9,300]
SIGINT upgrades.
Prophet Enhanced ESP [0] [20,000] [0] [0] [10,000]
Kits.
Service Tactical [0] [9,300] [0] [0]
SIGINT upgrades--
INDOPACOM UPL.
070 BIOMETRIC TACTICAL 0 2,269 0 0 0 2,269
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
073 AIR VIGILANCE (AV).. 0 5,688 0 0 0 5,688
074 MULTI-FUNCTION 0 3,060 0 0 0 3,060
ELECTRONIC WARFARE
(MFEW) SYST.
076 COUNTERINTELLIGENCE/ 0 19,519 0 0 0 -4,500 15,019
SECURITY
COUNTERMEASURES.
Carryover........... [0] [0] [0] [-4,500]
077 CI MODERNIZATION.... 0 437 0 0 0 437
ELECT EQUIP--
TACTICAL SURV. (TAC
SURV)
078 SENTINEL MODS....... 0 166,736 0 0 0 166,736
079 NIGHT VISION DEVICES 0 424,253 0 195,700 2400 75,000 0 1,000 425,253
Army UFR--Enhanced [0] [2,400] [75,000] [0]
Night Vision Goggle-
Binocular.
ENVGB program [0] [100,000] [0] [0] [100,000]
extension.
IVAS--Army requested [0] [0] [0] [-99,000]
realignment to RDTE.
IVAS--Army UPL...... [0] [95,700] [0] [0]
080 SMALL TACTICAL 0 11,357 0 0 0 11,357
OPTICAL RIFLE
MOUNTED MLRF.
082 FAMILY OF WEAPON 0 202,258 0 -8,000 0 0 -6,440 195,818
SIGHTS (FWS).
Program decrease.... [0] [-8,000] [0] [0] [-6,440]
083 ENHANCED PORTABLE 0 5,116 0 0 0 5,116
INDUCTIVE ARTILLERY
FUZE SE.
084 FORWARD LOOKING 0 37,914 0 0 0 37,914
INFRARED (IFLIR).
085 COUNTER SMALL 0 326,364 0 122,000 0 305,600 0 326,364
UNMANNED AERIAL
SYSTEM (C-SUAS).
AFRICOM UFR--C-UAS.. [0] [0] [61,600] [0]
Army UFR--Coyote C- [0] [0] [244,000] [0]
sUAS.
Coyote BLK2+ [0] [122,000] [0] [0]
interceptors--Army
UPL.
086 JOINT BATTLE 0 186,515 0 -10,000 0 0 186,515
COMMAND--PLATFORM
(JBC-P).
Program growth...... [0] [-10,000] [0] [0]
087 JOINT EFFECTS 0 10,304 0 0 0 -5,152 5,152
TARGETING SYSTEM
(JETS).
Program reduction... [0] [0] [0] [-5,152]
088 COMPUTER BALLISTICS: 0 3,038 0 0 0 3,038
LHMBC XM32.
089 MORTAR FIRE CONTROL 0 4,879 0 0 0 4,879
SYSTEM.
090 MORTAR FIRE CONTROL 0 4,370 0 0 0 4,370
SYSTEMS
MODIFICATIONS.
091 COUNTERFIRE RADARS.. 0 162,208 0 4 121,600 0 162,208
Army UFR--AN/TPQ-53 [0] [4] [121,600] [0]
Radar for ARNG.
ELECT EQUIP--
TACTICAL C2 SYSTEMS
092 ARMY COMMAND POST 0 60,455 0 0 0 60,455
INTEGRATED
INFRASTRUCTURE (.
093 FIRE SUPPORT C2 0 9,676 0 0 0 9,676
FAMILY.
094 AIR & MSL DEFENSE 0 72,619 0 0 0 72,619
PLANNING & CONTROL
SYS.
095 IAMD BATTLE COMMAND 0 438,967 0 0 0 438,967
SYSTEM.
096 LIFE CYCLE SOFTWARE 0 4,586 0 0 0 4,586
SUPPORT (LCSS).
097 NETWORK MANAGEMENT 0 37,199 0 0 0 37,199
INITIALIZATION AND
SERVICE.
098 GLOBAL COMBAT 0 4,102 0 0 0 4,102
SUPPORT SYSTEM-ARMY
(GCSS-A).
099 INTEGRATED PERSONNEL 0 6,926 0 0 0 6,926
AND PAY SYSTEM-ARMY
(IPP.
101 MOD OF IN-SVC 0 4,076 0 11,000 0 0 11,000 15,076
EQUIPMENT (ENFIRE).
GPS laser leveling [0] [11,000] [0] [0] [11,000]
system.
ELECT EQUIP--
AUTOMATION
102 ARMY TRAINING 0 8,033 0 0 0 8,033
MODERNIZATION.
103 AUTOMATED DATA 0 96,554 0 10,000 0 10,000 0 96,554
PROCESSING EQUIP.
AFRICOM Enterprise [0] [10,000] [0] [0]
C2 Network
Resiliency.
AFRICOM UFR--cyber [0] [0] [10,000] [0]
network resiliency.
104 ACCESSIONS 0 43,767 0 -10,000 0 0 -24,267 19,500
INFORMATION
ENVIRONMENT (AIE).
Insufficient [0] [-10,000] [0] [0] [-24,267]
justification.
105 GENERAL FUND 0 97 0 0 0 97
ENTERPRISE BUSINESS
SYSTEMS FAM.
106 HIGH PERF COMPUTING 0 73,655 0 0 0 73,655
MOD PGM (HPCMP).
107 CONTRACT WRITING 0 17,701 0 0 0 -13,626 4,075
SYSTEM.
Licenses ahead of [0] [0] [0] [-13,626]
need.
108 CSS COMMUNICATIONS.. 0 88,141 0 0 0 88,141
ELECT EQUIP--SUPPORT
111 BCT EMERGING 0 12,853 0 0 0 12,853
TECHNOLOGIES.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 1,596 0 0 0 1,596
CHEMICAL DEFENSIVE
EQUIPMENT
112 FAMILY OF NON-LETHAL 0 0 0
EQUIPMENT (FNLE).
113 BASE DEFENSE SYSTEMS 0 47,960 0 0 0 47,960
(BDS).
114 CBRN DEFENSE........ 0 56,129 0 0 0 56,129
BRIDGING EQUIPMENT
116 TACTICAL BRIDGING... 0 13,785 0 0 0 13,785
118 BRIDGE SUPPLEMENTAL 0 6,774 0 0 0 -5,729 1,045
SET.
Carryover........... [0] [0] [0] [-5,729]
119 COMMON BRIDGE 0 10,379 0 0 0 10,379
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND 0 52,340 0 -15,000 0 0 52,340
APPLIQUE SYSTEMS.
SMETS program delay. [0] [-15,000] [0] [0]
COMBAT SERVICE
SUPPORT EQUIPMENT
127 HEATERS AND ECU'S... 0 7,672 0 0 0 7,672
129 PERSONNEL RECOVERY 0 4,691 0 0 0 4,691
SUPPORT SYSTEM
(PRSS).
130 GROUND SOLDIER 0 124,953 0 0 0 124,953
SYSTEM.
131 MOBILE SOLDIER POWER 0 15,933 0 0 0 15,933
132 FORCE PROVIDER...... 0 58,000 0 0 12,000 12,000
Program increase.... [0] [58,000] [0] [0] [12,000]
134 CARGO AERIAL DEL & 0 42,444 0 0 0 42,444
PERSONNEL PARACHUTE
SYSTEM.
136 ITEMS LESS THAN $5M 0 4,155 0 0 0 4,155
(ENG SPT).
PETROLEUM EQUIPMENT
137 QUALITY SURVEILLANCE 0 2,845 0 0 0 2,845
EQUIPMENT.
138 DISTRIBUTION 0 26,433 232 19,300 0 0 26,433
SYSTEMS, PETROLEUM
& WATER.
Modular Fuel System-- [232] [19,300] [0] [0]
Tank Rack Module -
Army UPL.
MEDICAL EQUIPMENT
139 COMBAT SUPPORT 0 75,606 0 0 0 75,606
MEDICAL.
MAINTENANCE
EQUIPMENT
140 MOBILE MAINTENANCE 0 3,936 0 0 0 3,936
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
147 ALL TERRAIN CRANES.. 0 31,341 0 0 0 31,341
148 HIGH MOBILITY 0 18,300 0 0 10,000 10,000
ENGINEER EXCAVATOR
(HMEE).
Program increase.... [0] [18,300] [0] [0] [10,000]
149 FAMILY OF DIVER 0 3,256 0 0 0 3,256
SUPPORT EQUIPMENT.
150 CONST EQUIP ESP..... 0 9,104 0 0 0 9,104
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
151 ARMY WATERCRAFT ESP. 0 47,889 0 0 14,144 0 47,889
Watercraft [0] [0] [14,144] [0]
Modernization
Service Life
Extension Program
(SLEP).
152 MANEUVER SUPPORT 0 104,676 0 0 0 104,676
VESSEL (MSV).
153 ITEMS LESS THAN 0 10,131 0 0 0 10,131
$5.0M (FLOAT/RAIL).
GENERATORS
154 GENERATORS AND 0 54,400 0 0 0 54,400
ASSOCIATED EQUIP.
155 TACTICAL ELECTRIC 0 8,293 0 0 0 8,293
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
156 FAMILY OF FORKLIFTS. 0 8,819 0 0 0 8,819
TRAINING EQUIPMENT
157 COMBAT TRAINING 0 48,046 0 0 0 48,046
CENTERS SUPPORT.
158 TRAINING DEVICES, 0 201,966 0 -7,000 0 0 -2,297 199,669
NONSYSTEM.
Program decrease.... [0] [-7,000] [0] [0] [-2,297]
159 SYNTHETIC TRAINING 0 255,670 0 40,000 0 0 -36,000 219,670
ENVIRONMENT (STE).
One World Terrain [0] [40,000] [0] [0]
(STE-OWT)--Army UPL.
SiVT--Army requested [0] [0] [0] [-36,000]
realignment to RDTE.
160 GAMING TECHNOLOGY IN 0 9,546 0 0 0 9,546
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
162 INTEGRATED FAMILY OF 0 36,514 0 0 0 36,514
TEST EQUIPMENT
(IFTE).
164 TEST EQUIPMENT 0 32,734 0 0 0 32,734
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
166 PHYSICAL SECURITY 0 102,556 0 8,150 0 14,150 0 14,150 116,706
SYSTEMS (OPA3).
AFRICOM UFR--force [0] [0] [14,150] [0] [14,150]
protection.
Force Protection [0] [14,150] [0] [0]
Systems--Physical
Security Systems.
Program decrease.... [0] [-6,000] [0] [0]
167 BASE LEVEL COMMON 0 31,417 0 0 0 31,417
EQUIPMENT.
168 MODIFICATION OF IN- 0 24,047 0 0 0 24,047
SVC EQUIPMENT (OPA-
3).
169 BUILDING, PRE-FAB, 0 32,151 0 0 0 32,151
RELOCATABLE.
170 SPECIAL EQUIPMENT 0 84,779 0 -4,000 0 0 84,779
FOR TEST AND
EVALUATION.
Program decrease.... [0] [-4,000] [0] [0]
OPA2
172 INITIAL SPARES--C&E. 0 10,463 0 0 0 10,463
173 UNDISTRIBUTED....... 0 0 291,568 0 291,568
Inflation effects... [0] [0] [291,568] [0] [291,568]
TOTAL OTHER 8,457,509 636 991,289 5,086 789,929 102 509,423 102 8,966,932
PROCUREMENT, ARMY.
AIRCRAFT
PROCUREMENT, NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 0 90,865 8 646,200 0 8 666,000 8 756,865
HORNET.
8 aircraft--USNR.... [8] [666,000] [0] [8] [666,000]
Program decrease.... [0] [-19,800] [0] [0]
002 JOINT STRIKE FIGHTER 13 1,663,515 3 394,600 0 3 354,200 16 2,017,715
CV.
Three additional [3] [354,000] [0] [3] [313,600]
Joint Strike
Fighter aircraft.
TR-3 Organic Depot [0] [40,600] [0] [0] [40,600]
Standup.
003 JOINT STRIKE FIGHTER 0 387,596 0 0 0 -163,100 224,496
CV.
Economic order [0] [0] [0] [-163,100]
quantity
unjustified request.
004 JSF STOVL........... 15 1,909,635 0 40,600 0 0 40,600 15 1,950,235
TR-3 Organic Depot [0] [40,600] [0] [0] [40,600]
Standup.
005 JSF STOVL........... 0 200,118 0 0 0 200,118
006 CH-53K (HEAVY LIFT). 10 1,669,986 2 244,000 2 250,000 2 228,210 12 1,898,196
Add 2 aircraft...... [2] [250,000] [0] [0]
Engineering change [0] [0] [0] [-15,790]
orders excess
growth.
Unjustified cost [0] [-2,000] [0] [0] [-2,000]
growth--Other ILS.
Unjustified cost [0] [-4,000] [0] [0] [-4,000]
growth--Pubs/ Tech
data.
USMC UFR--additional [0] [2] [250,000] [2] [250,000]
aircraft.
007 CH-53K (HEAVY LIFT). 0 357,824 0 0 0 357,824
008 V-22 (MEDIUM LIFT).. 0 31,795 2 212,000 0 2 212,000 2 243,795
Unit quantity [2] [212,000] [0] [2] [212,000]
increase--2
aircraft.
011 P-8A POSEIDON....... 0 41,521 0 -10,000 0 0 41,521
Program decrease.... [0] [-10,000] [0] [0]
012 E-2D ADV HAWKEYE.... 5 842,401 2 399,900 0 2 393,361 7 1,235,762
2 additional E-2D [2] [399,900] [0] [2] [399,900]
aircraft--Navy UPL.
Non-recurring excess [0] [0] [0] [-6,539]
growth.
TRAINER AIRCRAFT
014 MULTI-ENGINE 10 123,217 0 0 0 -15,416 10 107,801
TRAINING SYSTEM
(METS).
Support cost excess [0] [0] [0] [-15,416]
growth.
015 ADVANCED HELICOPTER 26 119,816 0 0 0 26 119,816
TRAINING SYSTEM.
OTHER AIRCRAFT
015 UC-12W CARGO 0 3 55,600 0
AIRCRAFT.
USMC UFR--Additional [0] [3] [55,600] [0]
UC-12W cargo
aircraft.
016 KC-130J............. 5 439,501 5 699,100 2 252,500 0 5 439,501
2 additional USMC C- [2] [252,900] [0] [0]
130 aircraft--USMC
UPL.
3 additional Navy C- [3] [446,200] [0] [0]
130 aircraft--Navy
UPL.
USMC UFR-- [0] [2] [252,500] [0]
Replacement
aircraft.
017 KC-130J............. 0 29,122 0 15,400 0 0 29,122
Advanced Procurement [0] [15,400] [0] [0]
for USMC aircraft--
USMC UPL.
019 MQ-4 TRITON......... 3 587,820 0 -20,000 0 0 -3,628 3 584,192
Program decrease.... [0] [-20,000] [0] [0] [-3,628]
020 MQ-4 TRITON......... 0 75,235 0 0 0 75,235
021 MQ-8 UAV............ 0 21,000 0 0 21,000 21,000
Costs associated [0] [21,000] [0] [0] [21,000]
with restoring 5
LCS.
022 STUASL0 UAV......... 0 2,703 0 0 0 2,703
023 MQ-25............... 4 696,713 0 0 0 4 696,713
024 MQ-25............... 0 51,463 0 0 0 51,463
025 MARINE GROUP 5 UAS.. 5 103,882 0 -10,000 8 40,000 0 -5,750 5 98,132
Program decrease.... [0] [-10,000] [0] [0] [-5,750]
USMC UFR--MQ-9 MSAT. [0] [4] [20,000] [0]
USMC UFR--MQ-9 SETSS [0] [4] [20,000] [0]
MODIFICATION OF
AIRCRAFT
027 F-18 A-D UNIQUE..... 0 141,514 0 0 0 141,514
028 F-18E/F AND EA-18G 0 572,681 0 0 0 572,681
MODERNIZATION AND
SUSTAINM.
029 MARINE GROUP 5 UAS 0 86,116 0 0 0 86,116
SERIES.
030 AEA SYSTEMS......... 0 25,058 0 0 0 25,058
031 AV-8 SERIES......... 0 26,657 0 0 0 26,657
032 INFRARED SEARCH AND 0 144,699 0 0 0 -10,370 134,329
TRACK (IRST).
Reduction in units.. [0] [0] [0] [-10,370]
033 ADVERSARY........... 0 105,188 0 0 0 105,188
034 F-18 SERIES......... 0 480,663 0 0 0 480,663
035 H-53 SERIES......... 0 40,151 0 0 0 40,151
036 MH-60 SERIES........ 0 126,238 0 0 0 126,238
037 H-1 SERIES.......... 0 122,498 0 13,300 0 0 122,498
H-1 Digital [0] [13,300] [0] [0]
Interoperability
(DI) Link-16.
038 EP-3 SERIES......... 0 8,492 0 0 0 8,492
039 E-2 SERIES.......... 0 188,897 0 0 0 188,897
040 TRAINER A/C SERIES.. 0 9,568 0 0 0 9,568
042 C-130 SERIES........ 0 132,170 0 0 0 132,170
043 FEWSG............... 0 695 0 0 0 695
044 CARGO/TRANSPORT A/C 0 10,902 0 0 0 10,902
SERIES.
045 E-6 SERIES.......... 0 129,049 0 0 0 129,049
046 EXECUTIVE 0 55,265 0 0 0 55,265
HELICOPTERS SERIES.
047 T-45 SERIES......... 0 201,670 0 0 0 201,670
048 POWER PLANT CHANGES. 0 24,685 0 0 0 24,685
049 JPATS SERIES........ 0 19,780 0 0 0 19,780
050 AVIATION LIFE 0 1,143 0 0 0 1,143
SUPPORT MODS.
051 COMMON ECM EQUIPMENT 0 129,722 0 0 0 129,722
052 COMMON AVIONICS 0 136,883 0 0 0 -5,000 131,883
CHANGES.
Installation [0] [0] [0] [-5,000]
equipment NRE
previously funded.
053 COMMON DEFENSIVE 0 6,373 0 0 0 6,373
WEAPON SYSTEM.
054 ID SYSTEMS.......... 0 3,828 0 0 0 3,828
055 P-8 SERIES.......... 0 249,342 0 60,700 0 0 249,342
2 additional kits [0] [60,700] [0] [0]
for P-8 increment
3--Navy UPL.
056 MAGTF EW FOR 0 24,684 0 0 0 24,684
AVIATION.
057 MQ-8 SERIES......... 0 9,846 0 7,300 0 0 7,300 17,146
Costs associated [0] [7,300] [0] [0] [7,300]
with restoring 5
LCS.
058 V-22 (TILT/ROTOR 0 207,621 0 82,500 0 0 82,500 290,121
ACFT) OSPREY.
V-22 Nacelle [0] [82,500] [0] [0] [82,500]
Improvement.
059 NEXT GENERATION 0 401,563 0 67,000 0 0 67,000 468,563
JAMMER (NGJ).
Program increase--2 [0] [67,000] [0] [0] [67,000]
shipsets - Navy UPL.
060 F-35 STOVL SERIES... 0 216,356 0 0 0 -17,062 199,294
Prior year under [0] [0] [0] [-17,062]
execution.
061 F-35 CV SERIES...... 0 208,336 0 0 0 -4,226 204,110
Prior year under [0] [0] [0] [-4,226]
execution.
062 QRC................. 0 47,864 0 0 0 47,864
063 MQ-4 SERIES......... 0 94,738 0 0 0 -2,761 91,977
Prior year under [0] [0] [0] [-2,761]
execution.
064 RQ-21 SERIES........ 0 6,576 0 0 0 6,576
AIRCRAFT SPARES AND
REPAIR PARTS
068 SPARES AND REPAIR 0 1,872,417 0 198,948 0 423,100 0 293,900 2,166,317
PARTS.
Costs associated [0] [1,200] [0] [0] [1,200]
with restoring 5
LCS.
F-35B Engine/Lift [0] [117,000] [0] [0]
System--USMC UPL.
MH-60R spares....... [0] [23,143] [0] [0]
MH-60S spares....... [0] [7,605] [0] [0]
Navy UFR--aviation [0] [0] [292,700] [0] [292,700]
outfitting spares
in support of
carrier airwings.
USMC UFR--aircraft [0] [0] [104,300] [0]
initial and
replenishment
spares.
USMC UFR--KC-130J [0] [0] [15,400] [0]
spares.
USMC UFR--UC-12W(ER) [0] [0] [10,700] [0]
Beechcraft King Air
350ER initial
spares.
Various systems-- [0] [50,000] [0] [0]
Navy UPL.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
069 COMMON GROUND 0 542,214 0 0 0 542,214
EQUIPMENT.
070 AIRCRAFT INDUSTRIAL 0 101,559 0 0 0 101,559
FACILITIES.
071 WAR CONSUMABLES..... 0 40,316 0 0 0 40,316
072 OTHER PRODUCTION 0 46,403 0 0 0 46,403
CHARGES.
073 SPECIAL SUPPORT 0 423,280 0 0 99,000 0 423,280
EQUIPMENT.
USMC UFR classified [0] [0] [99,000] [0]
issue.
074 UNDISTRIBUTED....... 0 0 491,186 0 491,186 491,186
Inflation effects... [0] [0] [491,186] [0] [491,186]
TOTAL AIRCRAFT 96 16,848,428 22 3,062,548 15 1,611,386 17 2,629,944 113 19,478,372
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS..... 0 1,125,164 0 0 0 51,000 1,176,164
Defense Industrial [0] [0] [0] [51,000]
Base (DIB)
Expansion for
Trident II Mods.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 0 7,767 0 0 0 7,767
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............ 40 160,190 97 243,600 0 0 40 160,190
Expeditionary VLS [0] [1,600] [0] [0]
Reload System--Navy
UPL.
Unit quantity [97] [242,000] [0] [0]
increase.
TACTICAL MISSILES
004 AMRAAM.............. 337 335,900 0 0 0 337 335,900
005 SIDEWINDER.......... 128 63,288 79 25,900 79 25,900 79 25,900 207 89,188
Additional missiles-- [79] [25,900] [0] [0]
Navy UPL.
Navy UFR--additional [0] [79] [25,900] [79] [25,900]
AIM-9X.
006 STANDARD MISSILE.... 125 489,123 0 0 250,000 0 250,000 125 739,123
Capacity expansion-- [0] [0] [50,000] [0] [50,000]
dual-source
energetics.
Capacity expansion-- [0] [0] [200,000] [0] [200,000]
test/tooling
equipment.
008 JASSM............... 31 58,481 0 0 -31 -58,481
Navy requested [0] [0] [-11] [-12,000]
transfer to line 16.
Navy requested [0] [0] [-20] [-46,481]
transfer to RDTE
line 93.
009 SMALL DIAMETER BOMB 481 108,317 0 0 0 -3,896 481 104,421
II.
Unit cost growth-- [0] [0] [0] [-3,896]
AUR.
010 RAM................. 100 92,131 0 0 0 100 92,131
011 JOINT AIR GROUND 293 78,395 0 0 0 293 78,395
MISSILE (JAGM).
012 HELLFIRE............ 110 6,603 0 0 0 110 6,603
013 AERIAL TARGETS...... 0 183,222 0 0 0 183,222
014 DRONES AND DECOYS... 61 62,930 0 0 -31 -12,500 30 50,430
Stabilize production [0] [0] [-31] [-12,500]
ramp.
015 OTHER MISSILE 0 3,524 0 0 0 3,524
SUPPORT.
016 LRASM............... 60 226,022 11 33,100 32 113,100 0 65,000 60 291,022
Additional missiles-- [11] [33,100] [0] [0]
Navy UPL.
Capacity expansion.. [0] [0] [35,000] [0]
Defense Industrial [0] [0] [0] [53,000]
Base (DIB)
Expansion for LRASM.
Navy requested [0] [0] [0] [12,000]
transfer from line
8.
Navy UFR--capacity [0] [11] [33,100] [0]
increase.
Production increase. [0] [21] [45,000] [0]
017 NAVAL STRIKE MISSILE 39 59,034 0 0 0 200,000 39 259,034
(NSM).
Naval Strike [0] [0] [0] [200,000]
Missiles--Advanced
Procurement.
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS....... 0 435,308 0 0 0 435,308
019 ESSM................ 136 282,035 0 0 0 136 282,035
020 AARGM............... 69 131,275 0 25 40,000 25 40,000 94 171,275
Production increase. [0] [25] [40,000] [25] [40,000]
021 STANDARD MISSILES 0 71,198 0 0 0 71,198
MODS.
023 INDUSTRIAL 0 0 0 20,000 20,000
PREPAREDNESS.
Defense Industrial [0] [0] [0] [20,000]
Base (DIB)
Expansion for
Harpoon Missiles.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 0 1,976 0 0 25,000 0 5,000 6,976
FACILITIES.
Hypersonic test [0] [0] [25,000] [0] [5,000]
facility.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 0 40,793 0 0 0 40,793
EQUIPMENT.
TORPEDOES AND
RELATED EQUIP
026 SSTD................ 0 3,789 0 0 0 3,789
027 MK-48 TORPEDO....... 28 151,128 55 49,000 0 49,000 55 49,000 83 200,128
MK 48 Heavyweight [55] [49,000] [0] [0]
Torpedo
Procurement--Navy
UPL.
Navy UFR--additional [0] [0] [49,000] [55] [49,000]
MK 48 procurement.
028 ASW TARGETS......... 0 14,403 0 0 0 14,403
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS.. 0 106,772 0 20,000 200 125,400 200 125,400 200 232,172
Mk54 LWT program [0] [200] [125,400] [200] [125,400]
increase.
Program increase.... [0] [20,000] [0] [0]
030 MK-48 TORPEDO ADCAP 0 18,502 0 0 0 18,502
MODS.
031 MARITIME MINES...... 0 9,282 0 0 236,050 0 236,050 245,332
Hammerhead.......... [0] [0] [225,000] [0] [225,000]
Mk68................ [0] [0] [11,050] [0] [11,050]
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 0 87,044 0 0 0 87,044
EQUIPMENT.
033 ASW RANGE SUPPORT... 0 3,965 0 0 0 3,965
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 0 5,315 0 0 0 5,315
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 0 13,859 0 0 0 13,859
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS........... 0 2,655 0 0 0 2,655
037 COAST GUARD WEAPONS. 0 34,259 0 0 0 34,259
038 GUN MOUNT MODS...... 0 81,725 0 0 0 81,725
039 LCS MODULE WEAPONS.. 30 4,580 0 0 0 30 4,580
040 AIRBORNE MINE 0 8,710 0 0 0 8,710
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
042 SPARES AND REPAIR 0 170,041 0 0 0 170,041
PARTS.
043 UNDISTRIBUTED....... 0 0 129,375 0 129,375 129,375
Inflation effects... [0] [0] [129,375] [0] [129,375]
TOTAL WEAPONS 2,068 4,738,705 242 371,600 336 993,825 297 1,121,848 2,365 5,860,553
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE 0 47,198 0 0 0 47,198
BOMBS.
002 JDAM................ 3037 76,688 0 0 0 3,037 76,688
003 AIRBORNE ROCKETS, 0 70,005 0 0 0 70,005
ALL TYPES.
004 MACHINE GUN 0 20,586 0 0 0 20,586
AMMUNITION.
005 PRACTICE BOMBS...... 0 51,109 0 0 0 -2,266 48,843
Prior year under [0] [0] [0] [-2,266]
execution.
006 CARTRIDGES & CART 0 72,534 0 0 0 72,534
ACTUATED DEVICES.
007 AIR EXPENDABLE 0 114,475 0 0 0 -5,616 108,859
COUNTERMEASURES.
Program rephasing-- [0] [0] [0] [-5,616]
IR decoys.
008 JATOS............... 0 7,096 0 0 0 7,096
009 5 INCH/54 GUN 0 30,018 0 0 0 30,018
AMMUNITION.
010 INTERMEDIATE CALIBER 0 40,089 0 0 0 40,089
GUN AMMUNITION.
011 OTHER SHIP GUN 0 42,707 0 0 147,000 0 147,000 189,707
AMMUNITION.
Goalkeeper long lead [0] [0] [147,000] [0] [147,000]
procurement.
012 SMALL ARMS & LANDING 0 49,023 0 0 0 -3,052 45,971
PARTY AMMO.
Excess to need--50 [0] [0] [0] [-3,052]
CAL LKD and tracer.
013 PYROTECHNIC AND 0 9,480 0 0 0 9,480
DEMOLITION.
014 AMMUNITION LESS THAN 0 1,622 0 0 0 1,622
$5 MILLION.
015 EXPEDITIONARY 0 0 0
LOITERING MUNITIONS.
MARINE CORPS
AMMUNITION
015 MORTARS............. 0 71,214 0 0 0 71,214
016 DIRECT SUPPORT 0 65,169 0 0 0 -2,542 62,627
MUNITIONS.
Various munitions [0] [0] [0] [-2,542]
unit cost growth.
017 INFANTRY WEAPONS 0 225,271 0 0 0 225,271
AMMUNITION.
018 COMBAT SUPPORT 0 19,691 0 0 0 19,691
MUNITIONS.
019 AMMO MODERNIZATION.. 0 17,327 0 0 0 17,327
020 ARTILLERY MUNITIONS. 0 15,514 0 0 0 15,514
021 ITEMS LESS THAN $5 0 5,476 0 0 0 5,476
MILLION.
022 UNDISTRIBUTED....... 0 0 33,521 0 33,521 33,521
Inflation effects... [0] [0] [33,521] [0] [33,521]
TOTAL PROCUREMENT OF 3,037 1,052,292 180,521 167,045 3,037 1,219,337
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 0 3,079,223 0 0 0 3,079,223
SUBMARINE.
002 OHIO REPLACEMENT 0 2,778,553 0 0 0 2,778,553
SUBMARINE.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 0 1,481,530 0 -15,000 0 0 -15,000 1,466,530
PROGRAM.
Program decrease.... [0] [-15,000] [0] [0] [-15,000]
004 CVN-81.............. 0 1,052,024 0 -15,000 0 0 1,052,024
Program decrease.... [0] [-15,000] [0] [0]
005 VIRGINIA CLASS 2 4,534,184 0 0 0 2 4,534,184
SUBMARINE.
006 VIRGINIA CLASS 0 2,025,651 0 0 0 2,025,651
SUBMARINE.
008 CVN REFUELING 0 618,295 0 0 0 -6,214 612,081
OVERHAULS.
Unjustified [0] [0] [0] [-6,214]
electronics cost
growth.
009 DDG 1000............ 0 72,976 0 0 0 72,976
010 DDG-51.............. 2 4,376,537 1 1,438,269 0 1 2,440,000 3 6,816,537
Large Surface [0] [250,000] [0] [0] [250,000]
Combatant Shipyard
Infrastructure.
One additional ship. [1] [1,188,269] [0] [1] [2,190,000]
011 DDG-51.............. 0 618,352 0 130,000 0 250,000 0 77,300 695,652
Surface combatant [0] [0] [250,000] [0]
supplier
development.
Third DDG in FY 2024 [0] [130,000] [0] [0] [77,300]
013 FFG-FRIGATE......... 1 1,085,224 1 997,249 0 73,400 0 1 1,085,224
Navy UFR--wholeness [0] [0] [73,400] [0]
for FFG-62
procurement.
One additional ship. [1] [923,849] [0] [0]
Wholeness for FFG-62 [0] [73,400] [0] [0]
Procurement--Navy
UPL.
014 FFG-FRIGATE......... 0 74,949 0 0 0 -74,949
Advance procurement [0] [0] [0] [-74,949]
unjustified request.
AMPHIBIOUS SHIPS
015 LPD FLIGHT II....... 1 1,673,000 0 0 0 1 1,673,000
016 LPD FLIGHT II....... 0 250,000 0 250,000 0 250,000 250,000
LPD-33 Advanced [0] [250,000] [0] [0]
Procurement.
USMC UFR--Advance [0] [0] [250,000] [0] [250,000]
procurement for LPD-
33.
020 LHA REPLACEMENT..... 1 1,085,470 0 289,000 -1 -1 289,000 1,374,470
LHA-9 quantity [-1]
adjustment.
LHA 10 advance [0] [289,000] [0] [0] [289,000]
procurement.
021 EXPEDITIONARY FAST 2 695,000 0 2 645,000 2 645,000
TRANSPORT (EPF).
EMS................. [2] [695,000] [0] [2] [645,000]
AUXILIARIES, CRAFT
AND PRIOR YR
PROGRAM COST
022 TAO FLEET OILER..... 1 794,719 1 746,000 0 0 1 794,719
One additional ship. [1] [746,000] [0] [0]
024 TOWING, SALVAGE, AND 1 95,915 0 0 0 1 95,915
RESCUE SHIP (ATS).
027 OUTFITTING.......... 0 707,412 0 0 0 707,412
028 SHIP TO SHORE 2 190,433 3 201,405 0 3 201,405 5 391,838
CONNECTOR.
Unit quantity [3] [201,405] [0] [3] [201,405]
increase.
029 SERVICE CRAFT....... 0 68,274 0 1 23,000 1 23,000 1 91,274
Auxiliary personnel [0] [1] [23,000] [1] [23,000]
lighters barracks
craft.
030 LCAC SLEP........... 2 36,301 0 0 0 2 36,301
031 AUXILIARY VESSELS 2 140,686 0 0 0 2 140,686
(USED SEALIFT).
032 AUXILIARY PERSONNEL 0 0 0
LIGHTER (APL).
032 COMPLETION OF PY 0 1,328,146 0 45,000 0 0 1,328,146
SHIPBUILDING
PROGRAMS.
CVN 73 RCOH Cost-to- [0] [45,000] [0] [0]
Complete--Navy UPL.
033 UNDISTRIBUTED....... 0 0 839,239 0 839,239 839,239
Inflation effects... [0] [0] [839,239] [0] [839,239]
TOTAL SHIPBUILDING 15 27,917,854 8 4,761,923 1,435,639 6 4,668,781 21 32,586,635
AND CONVERSION,
NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 0 46,478 0 0 0 46,478
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 0 84,615 0 0 0 84,615
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 0 98,079 0 -20,000 0 0 -10,279 87,800
EQUIPMENT.
Program decrease.... [0] [-20,000] [0] [0] [-10,279]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 0 266,300 0 -40,000 0 0 -5,289 261,011
IMAGING AND SUPT
EQUIP PROG.
Unjustified growth.. [0] [-40,000] [0] [0] [-5,289]
005 DDG MOD............. 0 770,341 0 0 0 770,341
006 FIREFIGHTING 0 19,687 0 0 0 19,687
EQUIPMENT.
007 COMMAND AND CONTROL 0 2,406 0 0 0 2,406
SWITCHBOARD.
008 LHA/LHD MIDLIFE..... 0 38,200 0 15,500 0 0 38,200
LHD and LHA Class [0] [15,500] [0] [0]
Electric Plant
Wholeness--Navy UPL.
009 LCC 19/20 EXTENDED 0 20,028 0 -5,000 0 0 20,028
SERVICE LIFE
PROGRAM.
Program decrease.... [0] [-5,000] [0] [0]
010 POLLUTION CONTROL 0 17,682 0 0 0 17,682
EQUIPMENT.
011 SUBMARINE SUPPORT 0 117,799 0 0 0 117,799
EQUIPMENT.
012 VIRGINIA CLASS 0 32,300 0 0 0 32,300
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 0 15,238 0 -5,000 0 0 15,238
EQUIPMENT.
Unjustified growth.. [0] [-5,000] [0] [0]
014 SUBMARINE BATTERIES. 0 24,137 0 0 0 24,137
015 LPD CLASS SUPPORT 0 54,496 0 0 0 54,496
EQUIPMENT.
016 DDG 1000 CLASS 0 314,333 0 -30,000 0 0 -30,000 284,333
SUPPORT EQUIPMENT.
Program decrease.... [0] [-30,000] [0] [0] [-30,000]
017 STRATEGIC PLATFORM 0 13,504 0 0 0 13,504
SUPPORT EQUIP.
018 DSSP EQUIPMENT...... 0 3,660 0 0 0 3,660
019 CG MODERNIZATION.... 0 59,054 0 0 0 59,054
020 LCAC................ 0 17,452 0 0 0 17,452
021 UNDERWATER EOD 0 35,417 0 0 0 35,417
EQUIPMENT.
022 ITEMS LESS THAN $5 0 60,812 0 0 0 60,812
MILLION.
023 CHEMICAL WARFARE 0 3,202 0 0 0 3,202
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 0 1,242,532 0 0 0 1,242,532
REPAIR AND
MODERNIZATION.
026 REACTOR POWER UNITS. 0 4,690 0 0 0 4,690
027 REACTOR COMPONENTS.. 0 408,989 0 0 0 408,989
OCEAN ENGINEERING
028 DIVING AND SALVAGE 0 11,773 0 0 0 11,773
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS...... 0 57,262 6 21,468 0 0 20,000 77,262
Six additional 40- [6] [21,468] [0] [0] [20,000]
foot Patrol Boats.
PRODUCTION
FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE 0 174,743 0 0 0 174,743
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 0 57,313 0 0 0 57,313
MODULES EQUIPMENT.
032 LCS MCM MISSION 0 94,987 0 2,200 0 0 2,200 97,187
MODULES.
Mine Countermeasures [0] [2,200] [0] [0] [2,200]
Mission Package
Capacity and
Wholeness--Navy UPL.
033 LCS ASW MISSION 0 3,594 0 -3,594 0 0 3,594
MODULES.
Program decrease.... [0] [-3,594] [0] [0]
034 LCS SUW MISSION 0 5,100 0 0 0 5,100
MODULES.
035 LCS IN-SERVICE 0 76,526 0 35,000 0 0 76,526
MODERNIZATION.
Costs associated [0] [65,000] [0] [0]
with restoring 5
LCS.
Program decrease.... [0] [-30,000] [0] [0]
036 SMALL & MEDIUM UUV.. 0 49,763 0 -5,000 0 40,000 0 49,763
Hammerhead.......... [0] [0] [40,000] [0]
Unjustified growth.. [0] [-5,000] [0] [0]
SHIP SONARS
037 SPQ-9B RADAR........ 0 12,063 0 0 0 12,063
038 AN/SQQ-89 SURF ASW 0 141,591 0 0 0 141,591
COMBAT SYSTEM.
039 SSN ACOUSTIC 0 446,653 0 0 0 446,653
EQUIPMENT.
040 UNDERSEA WARFARE 0 17,424 0 0 0 17,424
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 0 31,708 0 0 0 31,708
WARFARE SYSTEM.
042 SSTD................ 0 14,325 0 0 0 14,325
043 FIXED SURVEILLANCE 0 266,228 0 0 0 266,228
SYSTEM.
044 SURTASS............. 0 25,030 0 21,100 1 21,100 0 25,030
Navy UFR--SURTASS [0] [1] [21,100] [0]
array for INDOPACOM.
Navy UPL............ [0] [21,100] [0] [0]
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32........... 0 292,417 0 0 0 292,417
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT 0 311,210 0 5,700 0 5,700 0 311,210
Counter-Command, [0] [5,700] [0] [0]
Control,
Communications,
Computers and
Combat Systems
Intelligence,
Surveillance and
Reconnaissance and
Targeting (C-
C5ISR&T)--Navy UPL.
Navy UFR--Counter- [0] [0] [5,700] [0]
C5ISR&T.
047 AUTOMATED 0 2,487 0 0 0 2,487
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP
ELECTRONIC
EQUIPMENT
048 COOPERATIVE 0 34,500 0 0 0 34,500
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 0 19,038 0 0 0 19,038
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS............... 0 73,675 0 0 0 73,675
051 NAVY COMMAND AND 0 3,435 0 0 0 3,435
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 0 16,336 0 0 0 16,336
REPLACEMENT.
054 NAVSTAR GPS 0 30,439 0 0 0 30,439
RECEIVERS (SPACE).
055 AMERICAN FORCES 0 2,724 0 0 0 2,724
RADIO AND TV
SERVICE.
056 STRATEGIC PLATFORM 0 6,266 0 0 0 6,266
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT 0 89,396 0 0 0 89,396
058 AFLOAT ATC EQUIPMENT 0 86,732 0 0 0 86,732
059 ID SYSTEMS.......... 0 59,226 0 0 0 59,226
060 JOINT PRECISION 0 8,186 0 0 0 8,186
APPROACH AND
LANDING SYSTEM (.
061 NAVAL MISSION 0 26,778 0 0 0 26,778
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC
EQUIPMENT
062 MARITIME INTEGRATED 0 3,520 0 0 0 3,520
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 0 31,840 0 0 0 31,840
SYSTEMS.
064 DCGS-N.............. 0 15,606 0 0 0 15,606
065 CANES............... 0 402,550 0 -20,000 0 0 402,550
Insufficient [0] [-40,000] [0] [0]
justification.
Intel secure data [0] [20,000] [0] [0]
links.
066 RADIAC.............. 0 9,062 0 0 0 9,062
067 CANES-INTELL........ 0 48,665 0 0 0 48,665
068 GPETE............... 0 23,479 0 0 0 23,479
069 MASF................ 0 11,792 0 0 0 11,792
070 INTEG COMBAT SYSTEM 0 6,053 0 0 0 6,053
TEST FACILITY.
071 EMI CONTROL 0 4,219 0 0 0 4,219
INSTRUMENTATION.
072 ITEMS LESS THAN $5 0 102,846 0 0 58,500 0 102,846
MILLION.
Next-generation [0] [0] [58,500] [0]
surface search
radar.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 0 36,941 0 0 0 36,941
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 0 101,691 0 0 0 101,691
AUTOMATION.
075 COMMUNICATIONS ITEMS 0 55,290 0 0 0 55,290
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 0 91,150 0 0 0 91,150
SUPPORT.
077 SUBMARINE 0 74,569 0 0 0 74,569
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 0 39,827 0 0 0 39,827
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 0 24,586 0 0 0 24,586
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 0 4,699 0 0 0 4,699
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS 0 156,034 0 0 0 156,034
SECURITY PROGRAM
(ISSP).
082 MIO INTEL 0 1,055 0 0 0 1,055
EXPLOITATION TEAM.
CRYPTOLOGIC
EQUIPMENT
083 CRYPTOLOGIC 0 18,832 0 1,500 0 1,500 0 1,500 20,332
COMMUNICATIONS
EQUIP.
INDOPACOM UFR-- [0] [0] [1,500] [0] [1,500]
SIGINT upgrades.
Service Tactical [0] [1,500] [0] [0]
SIGINT Upgrades--
INDOPACOM UPL.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD 0 68,556 0 0 0 68,556
EQUIPMENT.
SONOBUOYS
094 SONOBUOYS--ALL TYPES 0 291,670 0 11,851 0 40,000 0 11,850 303,520
Program increase.... [0] [11,851] [0] [0] [11,850]
Sonobuoys........... [0] [0] [40,000] [0]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............ 0 5,247 0 0 0 5,247
096 WEAPONS RANGE 0 106,209 0 0 0 106,209
SUPPORT EQUIPMENT.
097 AIRCRAFT SUPPORT 0 275,461 0 0 0 275,461
EQUIPMENT.
098 ADVANCED ARRESTING 0 22,717 0 0 0 22,717
GEAR (AAG).
099 ELECTROMAGNETIC 0 18,594 0 0 0 18,594
AIRCRAFT LAUNCH
SYSTEM (EMALS.
100 METEOROLOGICAL 0 15,175 0 0 0 15,175
EQUIPMENT.
101 LEGACY AIRBORNE MCM. 0 4,689 0 0 0 4,689
102 LAMPS EQUIPMENT..... 0 1,610 0 0 0 1,610
103 AVIATION SUPPORT 0 86,409 0 0 0 86,409
EQUIPMENT.
104 UMCS-UNMAN CARRIER 0 136,647 0 0 0 136,647
AVIATION(UCA)MISSIO
N CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
105 SHIP GUN SYSTEMS 0 5,902 0 0 0 5,902
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
106 HARPOON SUPPORT 0 217 0 0 0 217
EQUIPMENT.
107 SHIP MISSILE SUPPORT 0 286,788 0 6,000 0 0 5,400 292,188
EQUIPMENT.
SPY-1 Low Noise [0] [6,000] [0] [0] [5,400]
Amplyfier.
108 TOMAHAWK SUPPORT 0 95,856 0 0 0 95,856
EQUIPMENT.
FBM SUPPORT
EQUIPMENT
109 STRATEGIC MISSILE 0 279,430 0 0 0 279,430
SYSTEMS EQUIP.
ASW SUPPORT
EQUIPMENT
110 SSN COMBAT CONTROL 0 128,874 0 0 0 128,874
SYSTEMS.
111 ASW SUPPORT 0 26,920 0 8,800 0 0 26,920
EQUIPMENT.
Secure Autonomous [0] [8,800] [0] [0]
Data Link for USW
Portable Ranges.
OTHER ORDNANCE
SUPPORT EQUIPMENT
112 EXPLOSIVE ORDNANCE 0 17,048 0 3,500 0 0 17,048
DISPOSAL EQUIP.
Dismounted [0] [3,500] [0] [0]
Reconnaissance--Set
s, Kits and Outfits
(DR-SKO).
113 ITEMS LESS THAN $5 0 5,938 0 0 0 5,938
MILLION.
OTHER EXPENDABLE
ORDNANCE
114 ANTI-SHIP MISSILE 0 86,264 0 0 0 86,264
DECOY SYSTEM.
115 SUBMARINE TRAINING 0 80,591 0 0 0 80,591
DEVICE MODS.
116 SURFACE TRAINING 0 198,695 0 0 0 198,695
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
117 PASSENGER CARRYING 0 4,799 0 0 0 4,799
VEHICLES.
118 GENERAL PURPOSE 0 2,542 0 0 0 2,542
TRUCKS.
119 CONSTRUCTION & 0 50,619 0 10,400 0 0 4,600 55,219
MAINTENANCE EQUIP.
GPS laser leveling [0] [9,200] [0] [0] [4,600]
system.
VLS training [0] [1,200] [0] [0]
equipment--Navy UPL.
120 FIRE FIGHTING 0 16,305 0 0 0 16,305
EQUIPMENT.
121 TACTICAL VEHICLES... 0 28,586 0 4,800 0 0 28,586
Program increase-- [0] [4,800] [0] [0]
Navy UPL.
122 POLLUTION CONTROL 0 2,840 0 0 0 2,840
EQUIPMENT.
123 ITEMS LESS THAN $5 0 64,311 0 0 0 64,311
MILLION.
124 PHYSICAL SECURITY 0 1,263 0 0 0 1,263
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
125 SUPPLY EQUIPMENT.... 0 32,338 0 0 0 32,338
126 FIRST DESTINATION 0 6,255 0 0 0 6,255
TRANSPORTATION.
127 SPECIAL PURPOSE 0 613,039 0 0 0 613,039
SUPPLY SYSTEMS.
TRAINING DEVICES
128 TRAINING SUPPORT 0 1,285 0 0 0 1,285
EQUIPMENT.
129 TRAINING AND 0 44,618 0 0 0 44,618
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 COMMAND SUPPORT 0 55,728 0 0 0 55,728
EQUIPMENT.
131 MEDICAL SUPPORT 0 5,325 0 0 0 5,325
EQUIPMENT.
133 NAVAL MIP SUPPORT 0 6,077 0 0 0 6,077
EQUIPMENT.
134 OPERATING FORCES 0 16,252 0 0 0 16,252
SUPPORT EQUIPMENT.
135 C4ISR EQUIPMENT..... 0 6,497 0 0 0 6,497
136 ENVIRONMENTAL 0 36,592 0 0 0 36,592
SUPPORT EQUIPMENT.
137 PHYSICAL SECURITY 0 118,598 0 -4,000 0 0 -4,000 114,598
EQUIPMENT.
Program decrease.... [0] [-4,000] [0] [0] [-4,000]
138 ENTERPRISE 0 29,407 0 0 0 29,407
INFORMATION
TECHNOLOGY.
OTHER
142 NEXT GENERATION 0 201,314 0 0 0 201,314
ENTERPRISE SERVICE.
143 CYBERSPACE 0 5,018 0 0 0 5,018
ACTIVITIES.
144 CYBER MISSION FORCES 0 17,115 0 0 0 17,115
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 17,295 0 0 0 17,295
SPARES AND REPAIR
PARTS
145 SPARES AND REPAIR 0 532,313 0 0 171,400 0 150,000 682,313
PARTS.
Navy UFR--Maritime [0] [0] [171,400] [0] [150,000]
spares outfitting.
146 UNDISTRIBUTED....... 0 0 369,826 0 369,826 369,826
Inflation effects... [0] [0] [369,826] [0] [369,826]
TOTAL OTHER 11,746,503 6 15,225 1 708,026 515,808 12,262,311
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP.......... 0 5,653 0 0 0 5,653
002 AMPHIBIOUS COMBAT 74 536,678 0 0 0 -9,599 74 527,079
VEHICLE FAMILY OF
VEHICLES.
Excess growth-- [0] [0] [0] [-9,599]
integrated
logistics support.
003 LAV PIP............. 0 57,099 0 0 0 -1,360 55,739
M&S tactical [0] [0] [0] [-1,360]
communication
modernization kits
previously funded.
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 0 1,782 0 0 0 1,782
TOWED HOWITZER.
005 ARTILLERY WEAPONS 0 143,808 0 0 0 143,808
SYSTEM.
006 WEAPONS AND COMBAT 0 11,118 0 0 0 11,118
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
007 TOMAHAWK............ 13 42,958 0 0 0 13 42,958
008 NAVAL STRIKE MISSILE 115 174,369 0 115 175,000 0 115 174,369
(NSM).
Production increase. [0] [115] [175,000] [0]
009 GROUND BASED AIR 0 173,801 0 56,800 0 0 173,801
DEFENSE.
MADIS Inc 1 [0] [56,800] [0] [0]
fielding--USMC UPL.
010 ANTI-ARMOR MISSILE- 4 18,495 0 0 0 -1,290 4 17,205
JAVELIN.
Guided missile unit [0] [0] [0] [-1,290]
cost growth.
011 FAMILY ANTI-ARMOR 0 21,419 0 0 0 21,419
WEAPON SYSTEMS
(FOAAWS).
012 ANTI-ARMOR MISSILE- 0 663 0 0 0 663
TOW.
013 GUIDED MLRS ROCKET 44 7,605 0 0 0 44 7,605
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
014 COMMON AVIATION 0 30,292 0 0 0 30,292
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 0 58,024 0 0 0 -3,340 54,684
EQUIPMENT.
Unjustified growth-- [0] [0] [0] [-3,340]
CBM+ test systems.
OTHER SUPPORT (TEL)
016 MODIFICATION KITS... 0 293 0 0 0 293
COMMAND AND CONTROL
SYSTEM (NON-TEL)
017 ITEMS UNDER $5 0 83,345 0 0 0 83,345
MILLION (COMM &
ELEC).
018 AIR OPERATIONS C2 0 11,048 0 0 0 11,048
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 0 61,943 12 380,000 12 456,000 8 350,000 8 411,943
ORIENTED RADAR (G/
ATOR).
Additional G/ATOR [12] [380,000] [0] [0]
radars--USMC UPL.
USMC UFR--AN/TPS-80 [0] [12] [456,000] [8] [350,000]
G/ATOR radar.
INTELL/COMM
EQUIPMENT (NON-TEL)
020 GCSS-MC............. 0 1,663 0 0 0 1,663
021 FIRE SUPPORT SYSTEM. 0 48,322 0 0 0 48,322
022 INTELLIGENCE SUPPORT 0 182,894 0 -5,000 0 0 -15,000 167,894
EQUIPMENT.
Program decrease.... [0] [-5,000] [0] [0] [-15,000]
024 UNMANNED AIR SYSTEMS 0 47,595 0 0 0 -4,237 43,358
(INTEL).
Short range/ short [0] [0] [0] [-4,237]
endurance unit cost
growth.
025 DCGS-MC............. 0 47,998 0 0 0 47,998
026 UAS PAYLOADS........ 0 8,619 0 0 0 8,619
OTHER SUPPORT (NON-
TEL)
029 MARINE CORPS 0 276,763 0 0 0 -18,743 258,020
ENTERPRISE NETWORK
(MCEN).
Excess growth--end [0] [0] [0] [-18,743]
user devices.
030 COMMON COMPUTER 0 40,096 0 0 0 40,096
RESOURCES.
031 COMMAND POST SYSTEMS 0 58,314 0 0 0 58,314
032 RADIO SYSTEMS....... 0 612,450 0 -12,000 0 0 -12,857 599,593
Program decrease.... [0] [-12,000] [0] [0] [-12,857]
033 COMM SWITCHING & 0 51,976 0 0 0 51,976
CONTROL SYSTEMS.
034 COMM & ELEC 0 26,029 0 0 0 26,029
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE 0 17,759 0 0 0 17,759
ACTIVITIES.
036 CYBER MISSION FORCES 0 4,036 0 0 0 4,036
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 3,884 0 0 0 3,884
ADMINISTRATIVE
VEHICLES
039 COMMERCIAL CARGO 0 35,179 0 0 0 -2,018 33,161
VEHICLES.
Unjustified request-- [0] [0] [0] [-2,018]
garrison
transportation and
management.
TACTICAL VEHICLES
040 MOTOR TRANSPORT 0 17,807 0 0 0 17,807
MODIFICATIONS.
041 JOINT LIGHT TACTICAL 413 222,257 337 117,400 0 0 413 222,257
VEHICLE.
Accelerate HMMWV [337] [117,400] [0] [0]
replacement--USMC
UPL.
043 TRAILERS............ 0 2,721 0 0 0 2,721
ENGINEER AND OTHER
EQUIPMENT
045 TACTICAL FUEL 0 7,854 0 0 0 7,854
SYSTEMS.
046 POWER EQUIPMENT 0 5,841 0 0 0 5,841
ASSORTED.
047 AMPHIBIOUS SUPPORT 0 38,120 0 0 0 38,120
EQUIPMENT.
048 EOD SYSTEMS......... 0 201,047 0 -10,000 0 0 -10,000 191,047
Unjustified growth-- [0] [-10,000] [0] [0] [-10,000]
MEGFoS.
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 0 69,967 0 0 0 -4,000 65,967
EQUIPMENT.
Prior year under [0] [0] [0] [-4,000]
execution.
GENERAL PROPERTY
050 FIELD MEDICAL 0 21,780 0 0 0 21,780
EQUIPMENT.
051 TRAINING DEVICES.... 0 86,272 0 25,000 0 0 -11,498 74,774
Program increase [0] [25,000] [0] [0]
(Force on Force
Training System).
Unjustified growth.. [0] [0] [0] [-11,498]
052 FAMILY OF 0 27,605 0 0 0 27,605
CONSTRUCTION
EQUIPMENT.
053 ULTRA-LIGHT TACTICAL 0 15,033 0 0 0 15,033
VEHICLE (ULTV).
OTHER SUPPORT
054 ITEMS LESS THAN $5 0 26,433 0 0 0 26,433
MILLION.
SPARES AND REPAIR
PARTS
055 SPARES AND REPAIR 0 34,799 0 0 0 34,799
PARTS.
056 UNDISTRIBUTED....... 0 0 123,755 0 123,755 123,755
Inflation effects... [0] [0] [123,755] [0] [123,755]
TOTAL PROCUREMENT, 663 3,681,506 349 552,200 127 754,755 8 379,813 671 4,061,319
MARINE CORPS.
AIRCRAFT
PROCUREMENT, AIR
FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER......... 0 1,498,431 0 0 0 1,498,431
002 B-21 RAIDER......... 0 288,165 0 0 0 288,165
TACTICAL FORCES
003 F-35................ 33 3,320,757 0 196,200 7 973,000 5 773,000 38 4,093,757
Air Force UFR-- [0] [7] [858,000] [5] [658,000]
additional F-35A
aircraft.
Realignment of funds [0] [0] [115,000] [0]
from line 4.
Technical [0] [115,000] [0] [0] [115,000]
realignment.
TR-3 Organic Depot [0] [81,200] [0] [0]
Standup.
004 F-35................ 0 594,886 0 -115,000 0 -115,000 0 -414,228 180,658
EOQ unjustified [0] [0] [0] [-243,184]
request.
Long-lead excess to [0] [0] [0] [-56,044]
need due to
decreased out-year
quantities.
Realignment of funds [0] [0] [-115,000] [0] [-115,000]
to line 3.
Technical [0] [-115,000] [0] [0]
realignment.
005 F-15EX.............. 24 2,422,348 0 0 0 24 2,422,348
006 F-15EX.............. 0 264,000 0 0 0 264,000
TACTICAL AIRLIFT
007 KC-46A MDAP......... 15 2,684,503 0 0 0 15 2,684,503
OTHER AIRLIFT
008 C-130J.............. 0 75,293 0 0 0 75,293
009 MC-130J............. 0 40,351 0 0 0 40,351
UPT TRAINERS
011 ADVANCED TRAINER 0 10,507 0 0 0 10,507
REPLACEMENT T-X.
HELICOPTERS
012 MH-139A............. 5 156,192 0 -3,700 3 100,000 0 5 156,192
Additional aircraft. [0] [3] [100,000] [0]
Unjustified growth-- [0] [-3,700] [0] [0]
government costs.
013 COMBAT RESCUE 10 707,018 0 10 350,000 10 341,100 20 1,048,118
HELICOPTER.
Additional aircraft. [0] [10] [350,000] [10] [350,000]
Unit cost excess to [0] [0] [0] [-8,900]
need.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C 0 2,952 0 8,648 0 0 8,648 11,600
Program increase.... [0] [8,648] [0] [0] [8,648]
OTHER AIRCRAFT
016 TARGET DRONES....... 27 128,906 0 0 0 27 128,906
017 COMPASS CALL........ 4 553,700 4 553,700 4 553,700 4 553,700
Add 4 EC-37B [4] [553,700] [0] [0]
aircraft.
Air Force UFR--EC- [0] [4] [553,700] [4] [553,700]
37B aircraft.
018 E-11 BACN/HAG....... 1 67,260 0 -413 0 -413 0 -413 1 66,847
Realignment of funds [0] [0] [-413] [0] [-413]
Technical [0] [-413] [0] [0]
realignment.
019 MQ-9................ 0 17,039 0 -10,027 0 0 -1,000 16,039
Early to need-- [0] [-10,027] [0] [0] [-1,000]
production shutdown.
021 AGILITY PRIME 5 3,612 0 0 0 5 3,612
PROCUREMENT.
STRATEGIC AIRCRAFT
022 B-2A................ 0 106,752 0 0 0 -14,981 91,771
ACS kits ahead of [0] [0] [0] [-14,981]
need.
023 B-1B................ 0 36,313 0 2,500 0 0 -2,500 33,813
Additional pylon [0] [5,000] [0] [0]
purchases.
Program decrease.... [0] [-2,500] [0] [0] [-2,500]
024 B-52................ 0 127,854 0 -6,946 0 -6,945 0 -6,945 120,909
Realignment of funds [0] [0] [-4,293] [0] [-4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [0] [0] [-2,652] [0] [-2,652]
for B-52 VLF/LF
spares.
Technical [0] [-6,946] [0] [0]
realignment.
025 LARGE AIRCRAFT 0 25,286 0 0 0 25,286
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
026 A-10................ 0 83,972 0 0 0 83,972
027 E-11 BACN/HAG....... 0 10,309 0 0 0 10,309
028 F-15................ 0 194,379 0 0 0 194,379
029 F-16................ 0 700,455 0 0 8,145 0 -14,500 685,955
Crypto Mods--F-16 [0] [0] [8,145] [0]
Pre Blk.
Overestimation of [0] [0] [0] [-14,500]
SLEP induction rate.
030 F-22A............... 0 764,222 0 0 0 764,222
031 F-35 MODIFICATIONS.. 0 414,382 0 0 0 414,382
032 F-15 EPAW........... 19 259,837 0 0 0 19 259,837
034 KC-46A MDAP......... 0 467 0 0 0 467
AIRLIFT AIRCRAFT
035 C-5................. 0 46,027 0 -40,354 0 -30,354 0 -30,354 15,673
Program decrease.... [0] [-10,000] [0] [0]
Realignment of funds [0] [0] [-18,000] [0] [-18,000]
Realignment of funds [0] [0] [-12,354] [0] [-12,354]
to line 64.
Technical [0] [-30,354] [0] [0]
realignment.
036 C-17A............... 0 152,009 0 5,500 0 5,500 0 5,500 157,509
Air Force [0] [0] [5,500] [0] [5,500]
realignment of
funds.
Technical [0] [5,500] [0] [0]
realignment.
037 C-32A............... 0 4,068 0 0 0 4,068
038 C-37A............... 0 6,062 0 0 0 6,062
TRAINER AIRCRAFT
039 GLIDER MODS......... 0 149 0 0 0 149
040 T-6................. 0 6,215 0 0 0 6,215
041 T-1................. 0 6,262 0 0 0 6,262
042 T-38................ 0 111,668 0 49,500 0 9,200 0 49,500 161,168
Ejection Seat [0] [49,500] [0] [0] [49,500]
Upgrade.
T-38A ejection seat [0] [0] [9,200] [0]
upgrades.
OTHER AIRCRAFT
044 U-2 MODS............ 0 81,650 0 0 0 81,650
045 KC-10A (ATCA)....... 0 3,443 0 0 0 -1,400 2,043
Unjustified growth.. [0] [0] [0] [-1,400]
046 C-21................ 0 2,024 0 0 0 2,024
047 VC-25A MOD.......... 0 2,146 0 0 0 2,146
048 C-40................ 0 2,197 0 0 0 2,197
049 C-130............... 0 114,268 0 77,500 0 24,200 0 34,480 148,748
Air Force [0] [0] [17,500] [0] [17,500]
realignment of
funds.
Crypto Mods--C-130H. [0] [0] [6,700] [0]
Modular airborne [0] [60,000] [0] [0] [20,000]
firefighting system.
Overestimation of [0] [0] [0] [-3,020]
AMP inc 2 install
cost.
Technical [0] [17,500] [0] [0]
realignment.
050 C-130J MODS......... 0 112,299 0 0 0 112,299
051 C-135............... 0 149,023 0 14,500 0 46,100 0 14,500 163,523
Air Force [0] [0] [19,500] [0] [19,500]
realignment of
funds.
Crypto Mods--KC-135. [0] [0] [20,700] [0]
Crypto Mods--KC-135 [0] [0] [5,900] [0]
(ROBE B-kits).
Program decrease.... [0] [-5,000] [0] [0] [-5,000]
Technical [0] [19,500] [0] [0]
realignment.
052 COMPASS CALL........ 0 16,630 4 330,000 0 320,600 0 320,600 337,230
Add 4 EC-37B . . . [4] [330,000] [0] [0]
kits, spares, and
installation.
Air Force UFR--EC- [0] [0] [320,600] [0] [320,600]
37B group . . .
kits and spare
components.
053 RC-135.............. 0 212,828 0 40,000 0 40,000 0 40,000 252,828
INDOPACOM UFR-- [0] [0] [600] [0] [600]
SIGINT upgrades.
M-code compliance... [0] [39,400] [0] [0]
RC-135 navigation [0] [0] [39,400] [0] [39,400]
upgrades.
Service Tactical [0] [600] [0] [0]
SIGINT Upgrades--
INDOPACOM UPL.
054 E-3................. 0 54,247 0 0 0 54,247
055 E-4................. 0 5,973 0 0 0 5,973
056 E-8................. 0 16,610 0 -16,610 0 0 -16,610
Program decrease.... [0] [-16,610] [0] [0] [-16,610]
059 H-1................. 0 1,757 0 0 0 1,757
060 H-60................ 0 10,820 0 0 0 10,820
061 COMBAT RESCUE 0 3,083 0 0 0 3,083
HELICOPTER
MODIFICATION.
062 RQ-4 MODS........... 0 1,286 0 0 0 1,286
063 HC/MC-130 0 138,956 0 -20,000 0 -17,862 0 -29,171 109,785
MODIFICATIONS.
Crypto Mods--AC-130J [0] [0] [2,138] [0]
MC/AC MUOS [0] [0] [0] [-9,171]
installations ahead
of need.
Realignment of funds [0] [0] [-20,000] [0] [-20,000]
Technical [0] [-20,000] [0] [0]
realignment.
064 OTHER AIRCRAFT...... 0 29,029 1 41,267 0 12,767 0 12,767 41,796
Maritime Patrol [1] [28,500] [0] [0]
Aircraft.
Realignment of funds [0] [0] [12,767] [0] [12,767]
Technical [0] [12,767] [0] [0]
realignment.
065 MQ-9 MODS........... 0 64,370 0 150,725 0 0 147,137 211,507
Multi-Domain [0] [156,725] [0] [0] [150,700]
Operations
modernization.
Unjustified cost--MQ- [0] [-6,000] [0] [0] [-3,563]
9 Upgrade.
066 MQ-9 UAS PAYLOADS... 0 40,000 0 0
Program increase-- [0] [40,000] [0] [0]
electronic support
measure payload.
067 SENIOR LEADER C3, 0 24,784 0 0 0 24,784
SYSTEM--AIRCRAFT.
068 CV-22 MODS.......... 0 153,026 0 15,800 0 0 153,026
CV-22 Reliability [0] [15,800] [0] [0]
Acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/ 0 623,661 4 101,746 4 138,445 0 111,106 734,767
REPAIR PARTS.
Air Force UFR--EC- [0] [0] [9,400] [0] [9,361]
37B spare
components.
Air Force UFR--EC- [0] [4] [94,800] [0] [94,800]
37B spare engines.
Program increase-- [4] [94,800] [0] [0]
Compass Call spare
engines (4) - USAF
UPL.
RC-135 spares....... [0] [0] [27,300] [0]
Realignment of funds [0] [0] [4,293] [0] [4,293]
for B-52 Crypto Mod
upgrade spares.
Realignment of funds [0] [0] [2,652] [0] [2,652]
for B-52 VLF/LF
spares.
Technical [0] [6,946] [0] [0]
realignment.
COMMON SUPPORT
EQUIPMENT
070 AIRCRAFT REPLACEMENT 0 138,935 0 0 0 138,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
071 B-2A................ 0 1,802 0 0 0 1,802
072 B-2B................ 0 36,325 0 0 0 36,325
073 B-52................ 0 5,883 0 0 0 5,883
074 F-15................ 0 2,764 0 0 0 2,764
075 F-16................ 0 5,102 0 0 0 5,102
077 MQ9 POST PROD....... 0 7,069 0 0 0 7,069
078 RQ-4 POST PRODUCTION 0 40,845 0 0 0 40,845
CHARGES.
082 C-5 POST PRODUCTION 0 0 18,000 0 18,000 0 18,000 18,000
SUPPORT.
Realignment of funds [0] [0] [18,000] [0] [18,000]
Technical [0] [18,000] [0] [0]
realignment.
083 HC/MC-130J POST 0 0 20,000 0 20,000 0 20,000 20,000
PRODUCTION SUPPORT.
Realignment of funds [0] [0] [20,000] [0] [20,000]
Technical [0] [20,000] [0] [0]
realignment.
INDUSTRIAL
PREPAREDNESS
079 INDUSTRIAL 0 19,128 0 0 0 19,128
RESPONSIVENESS.
WAR CONSUMABLES
080 WAR CONSUMABLES..... 0 31,165 0 0 0 31,165
OTHER PRODUCTION
CHARGES
081 OTHER PRODUCTION 0 1,047,300 0 393,000 0 0 1,047,300
CHARGES.
Program decrease-- [0] [-75,000] [0] [0]
early to need.
Program increase.... [0] [468,000] [0] [0]
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 18,092 0 0 63,000 0 45,000 05 63,092
Air Force UFR--F-35A [0] [0] [63,000] [5] [45,000]
classified item.
999 UNDISTRIBUTED....... 0 0 633,490 0 633,490 633,490
Inflation effects... [0] [0] [633,490] [0] [633,490]
TOTAL AIRCRAFT 139 18,517,428 13 1,845,536 28 3,145,573 24 2,596,426 163 21,113,854
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTI
C
001 MISSILE REPLACEMENT 0 57,476 0 0 0 57,476
EQ-BALLISTIC.
STRATEGIC
004 LONG RANGE STAND-OFF 0 31,454 0 0 0 31,454
WEAPON.
TACTICAL
005 REPLAC EQUIP & WAR 0 30,510 0 0 0 30,510
CONSUMABLES.
006 AGM-183A AIR- 1 46,566 -1 -46,566 -1 -46,566 -1 -46,566
LAUNCHED RAPID
RESPONSE WEAPON.
Realignment of funds [0] [-1] [-46,566] [-1] [-46,566]
Technical [-1] [-46,566] [0] [0]
realignment.
007 JOINT AIR-SURFACE 550 784,971 0 0 85,000 0 77,000 550 861,971
STANDOFF MISSILE.
Capacity expansion.. [0] [0] [85,000] [0]
Defense Industrial [0] [0] [0] [77,000]
Base (DIB)
Expansion for JASSM.
008 LRASM0.............. 28 114,025 0 0 0 28 114,025
009 SIDEWINDER (AIM-9X). 255 111,855 0 500 206,000 0 255 111,855
Production increase. [0] [500] [206,000] [0]
010 AMRAAM.............. 271 320,056 0 150 139,000 0 20,000 271 340,056
AIM-120 Advanced [0] [0] [0] [20,000]
Medium-Range Air-to-
Air Missile
(AMRAAM)--Advanced
Procurement.
Production increase. [0] [150] [139,000] [0]
011 PREDATOR HELLFIRE 0 1,040 0 0 0 1,040
MISSILE.
012 SMALL DIAMETER BOMB. 356 46,475 0 0 0 356 46,475
013 SMALL DIAMETER BOMB 761 279,006 0 100,000 0 173,000 0 150,000 761 429,006
II.
Air Force UFR-- [0] [0] [173,000] [0] [150,000]
additional small
diameter bomb II.
Program increase-- [0] [100,000] [0] [0]
Air Force UPL.
014 STAND-IN ATTACK 42 77,975 0 0 0 42 77,975
WEAPON (SIAW).
INDUSTRIAL
FACILITIES
015 INDUSTR'L PREPAREDNS/ 0 868 0 0 0 150,000 150,868
POL PREVENTION.
Defense Industrial [0] [0] [0] [150,000]
Base (DIB)
Expansion for
Industrial
Preparedness.
CLASS IV
018 ICBM FUZE MOD....... 0 99,691 0 0 0 99,691
019 ICBM FUZE MOD....... 0 37,673 0 0 0 37,673
020 MM III MODIFICATIONS 0 68,193 0 0 0 68,193
022 AIR LAUNCH CRUISE 0 33,778 0 0 0 75,000 108,778
MISSILE (ALCM).
Defense Industrial [0] [0] [0] [75,000]
Base (DIB)
Expansion for Gas
Turbine Engines,
Control Actuation
Systems, and
Antennas.
MISSILE SPARES AND
REPAIR PARTS
023 MSL SPRS/REPAIR 0 15,354 0 0 0 15,354
PARTS (INITIAL).
024 MSL SPRS/REPAIR 0 62,978 0 0 0 62,978
PARTS (REPLEN).
SPECIAL PROGRAMS
028 SPECIAL UPDATE 0 36,933 0 0 0 36,933
PROGRAMS.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 705,540 0 0 0 705,540
999 UNDISTRIBUTED....... 0 0 61,064 0 61,064 61,064
Inflation effects... [0] [0] [61,064] [0] [61,064]
TOTAL MISSILE 2,264 2,962,417 -1 53,434 649 617,498 -1 486,498 2,263 3,448,915
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS............. 0 22,190 0 0 0 22,190
CARTRIDGES
002 CARTRIDGES.......... 0 124,164 0 0 0 124,164
BOMBS
004 GENERAL PURPOSE 0 162,800 0 0 0 162,800
BOMBS.
005 MASSIVE ORDNANCE 0 19,743 0 0 0 19,743
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 4200 251,956 0 0 0 4,200 251,956
MUNITION.
OTHER ITEMS
008 CAD/PAD............. 0 50,473 0 0 0 50,473
009 EXPLOSIVE ORDNANCE 0 6,343 0 3,500 0 0 6,343
DISPOSAL (EOD).
Dismounted [0] [3,500] [0] [0]
Reconnaissance--Set
s, Kits and Outfits
(DR-SKO).
010 SPARES AND REPAIR 0 573 0 0 0 573
PARTS.
012 FIRST DESTINATION 0 1,903 0 0 0 1,903
TRANSPORTATION.
013 ITEMS LESS THAN 0 5,014 0 -4,000 0 0 5,014
$5,000,000.
Program decrease-- [0] [-4,000] [0] [0]
flares.
FLARES
014 EXPENDABLE 0 120,548 0 -15,000 0 0 120,548
COUNTERMEASURES.
Program decrease.... [0] [-15,000] [0] [0]
FUZES
015 FUZES............... 0 121,528 0 0 0 121,528
SMALL ARMS
016 SMALL ARMS.......... 0 16,395 0 0 0 16,395
017 UNDISTRIBUTED....... 0 0 23,395 0 23,395 23,395
Inflation effects... [0] [0] [23,395] [0] [23,395]
TOTAL PROCUREMENT OF 4,200 903,630 -15,500 23,395 23,395 4,200 927,025
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT,
SF
002 AF SATELLITE COMM 0 51,414 0 0 0 51,414
SYSTEM.
003 COUNTERSPACE SYSTEMS 0 62,691 0 0 0 62,691
004 FAMILY OF BEYOND 0 26,394 0 0 0 26,394
LINE-OF-SIGHT
TERMINALS.
005 WIDEBAND GAPFILLER 0 21,982 0 0 0 21,982
SATELLITES (SPACE).
006 GENERAL INFORMATION 0 5,424 0 0 0 5,424
TECH--SPACE.
007 GPSIII FOLLOW ON.... 2 657,562 0 0 0 -10,600 2 646,962
Excess to need...... [0] [0] [0] [-10,600]
008 GPS III SPACE 0 103,340 0 0 0 103,340
SEGMENT.
009 GLOBAL POSTIONING 0 950 0 0 0 950
(SPACE).
010 HERITAGE TRANSITION. 0 21,896 0 0 0 21,896
011 SPACEBORNE EQUIP 0 29,587 0 0 21,600 0 -5,504 24,083
(COMSEC).
Cost growth......... [0] [0] [0] [-5,504]
Crypto Mods-- [0] [0] [21,600] [0]
National Security
Space Systems.
012 MILSATCOM........... 0 29,333 0 0 0 29,333
013 SBIR HIGH (SPACE)... 0 148,666 0 0 0 148,666
014 SPECIAL SPACE 0 817,484 0 -12,000 0 0 -12,000 805,484
ACTIVITIES.
Underexecution...... [0] [-12,000] [0] [0] [-12,000]
015 MOBILE USER 0 46,833 0 0 0 46,833
OBJECTIVE SYSTEM.
016 NATIONAL SECURITY 3 1,056,133 0 0 0 -30,600 3 1,025,533
SPACE LAUNCH.
Excess to need...... [0] [0] [0] [-30,600]
017 NUDET DETECTION 0 7,062 0 0 0 7,062
SYSTEM.
018 PTES HUB............ 6 42,464 0 0 0 6 42,464
019 ROCKET SYSTEMS 0 39,145 0 0 0 39,145
LAUNCH PROGRAM.
020 SPACE DEVELOPMENT 3 314,288 0 200,000 2 400,000 4 400,000 7 714,288
AGENCY LAUNCH.
Realignment of funds [0] [0] [200,000] [2] [200,000]
Space Force UFR-- [0] [2] [200,000] [2] [200,000]
accelerate
resilient missile
warning/missile
tracking.
Technical [0] [200,000] [0] [0]
realignment.
022 SPACE MODS.......... 0 73,957 0 0 0 73,957
023 SPACELIFT RANGE 0 71,712 0 0 0 71,712
SYSTEM SPACE.
SPARES
024 SPARES AND REPAIR 0 1,352 0 0 0 1,352
PARTS.
025 UNDISTRIBUTED....... 0 0 106,161 0 106,161 106,161
Inflation effects... [0] [0] [106,161] [0] [106,161]
TOTAL PROCUREMENT, 14 3,629,669 188,000 2 527,761 4 447,457 18 4,077,126
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 2,446 0 0 0 2,446
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 0 1,125 0 0 0 1,125
VEHICLE.
003 CAP VEHICLES........ 0 999 0 901 0 0 901 1,900
Program increase.... [0] [901] [0] [0] [901]
004 CARGO AND UTILITY 0 35,220 0 0 0 35,220
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 0 60,461 0 0 0 60,461
VEHICLE.
006 SECURITY AND 0 382 0 0 0 382
TACTICAL VEHICLES.
007 SPECIAL PURPOSE 0 49,623 0 0 0 49,623
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 0 11,231 0 0 0 11,231
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 0 12,559 0 0 0 12,559
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV 0 6,409 0 0 0 6,409
AND CLEANING EQU.
011 BASE MAINTENANCE 0 72,012 0 0 0 72,012
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT.... 0 96,851 0 0 0 96,851
014 STRATEGIC 0 467,901 0 0 0 467,901
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE
PROGRAMS
015 INTERNATIONAL INTEL 0 7,043 0 0 0 7,043
TECH &
ARCHITECTURES.
016 INTELLIGENCE 0 2,424 0 0 0 2,424
TRAINING EQUIPMENT.
017 INTELLIGENCE COMM 0 25,308 0 0 0 25,308
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL 0 65,531 0 0 0 65,531
& LANDING SYS.
019 BATTLE CONTROL 0 1,597 0 0 0 1,597
SYSTEM--FIXED.
020 THEATER AIR CONTROL 0 9,611 0 0 0 9,611
SYS IMPROVEMEN.
021 3D EXPEDITIONARY 0 174,640 0 -7,500 0 0 -7,500 167,140
LONG-RANGE RADAR.
Program decrease.... [0] [-7,500] [0] [0] [-7,500]
022 WEATHER OBSERVATION 0 20,658 0 0 0 20,658
FORECAST.
023 STRATEGIC COMMAND 0 93,351 0 -7,131 0 -7,131 0 -7,131 86,220
AND CONTROL.
Technical [0] [-7,131] [0] [0]
realignment.
Worldwide Joint [0] [0] [-7,131] [0] [-7,131]
Strategic
Communications
realignment of
funds.
024 CHEYENNE MOUNTAIN 0 6,118 0 49,300 0 0 6,118
COMPLEX.
Complex [0] [49,300] [0] [0]
Infrastructure
Refurbishments.
025 MISSION PLANNING 0 13,947 0 0 0 13,947
SYSTEMS.
027 INTEGRATED STRAT 0 0 0
PLAN & ANALY
NETWORK (ISPAN).
SPCL COMM-
ELECTRONICS
PROJECTS
028 GENERAL INFORMATION 0 101,517 0 30,000 0 0 101,517
TECHNOLOGY.
NORTHCOM UPL--AI/ML [0] [30,000] [0] [0]
Enhancements.
029 AF GLOBAL COMMAND & 0 2,487 0 0 0 2,487
CONTROL SYS.
030 BATTLEFIELD AIRBORNE 0 32,807 0 0 0 32,807
CONTROL NODE (BACN).
031 MOBILITY COMMAND AND 0 10,210 0 0 0 10,210
CONTROL.
035 COMBAT TRAINING 0 134,213 0 0 0 134,213
RANGES.
036 MINIMUM ESSENTIAL 0 66,294 0 0 0 66,294
EMERGENCY COMM N.
037 WIDE AREA 0 29,518 0 0 0 29,518
SURVEILLANCE (WAS).
038 C3 COUNTERMEASURES.. 0 55,324 0 0 0 55,324
040 GCSS-AF FOS......... 0 786 0 0 0 786
041 DEFENSE ENTERPRISE 0 0 0
ACCOUNTING & MGT
SYS.
042 MAINTENANCE REPAIR & 0 248 0 0 0 248
OVERHAUL INITIATIVE.
043 THEATER BATTLE MGT 0 275 0 0 0 275
C2 SYSTEM.
044 AIR & SPACE 0 2,611 0 0 0 2,611
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
046 BASE INFORMATION 0 29,791 0 0 0 29,791
TRANSPT INFRAST
(BITI) WIRED.
047 AFNET............... 0 83,320 0 0 0 83,320
048 JOINT COMMUNICATIONS 0 5,199 0 0 0 5,199
SUPPORT ELEMENT
(JCSE).
049 USCENTCOM........... 0 11,896 0 0 0 11,896
050 USSTRATCOM.......... 0 4,619 0 0 0 4,619
ORGANIZATION AND
BASE
051 TACTICAL C-E 0 120,050 0 -10,000 0 0 120,050
EQUIPMENT.
Program decrease.... [0] [-10,000] [0] [0]
052 RADIO EQUIPMENT..... 0 14,053 0 0 0 14,053
054 BASE COMM 0 91,313 0 5,100 0 5,050 0 5,050 96,363
INFRASTRUCTURE.
Alaskan Long-Range [0] [5,100] [0] [0]
Radars--Sites
Digitalization.
NORTHCOM UFR--Long [0] [0] [5,050] [0] [5,050]
range radar sites
digitilization
upgrades.
MODIFICATIONS
055 COMM ELECT MODS..... 0 167,419 0 0 0 167,419
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 89,484 0 0 0 89,484
PERSONAL SAFETY &
RESCUE EQUIP
056 PERSONAL SAFETY AND 0 92,995 0 8,900 0 0 92,995
RESCUE EQUIPMENT.
Rapid Response [0] [8,900] [0] [0]
Shelters.
DEPOT PLANT+MTRLS
HANDLING EQ
057 POWER CONDITIONING 0 12,199 0 0 0 12,199
EQUIPMENT.
058 MECHANIZED MATERIAL 0 9,326 0 0 0 9,326
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
059 BASE PROCURED 0 52,890 0 0 0 52,890
EQUIPMENT.
060 ENGINEERING AND EOD 0 231,552 0 0 0 231,552
EQUIPMENT.
061 MOBILITY EQUIPMENT.. 0 28,758 0 0 0 28,758
062 FUELS SUPPORT 0 21,740 0 0 0 21,740
EQUIPMENT (FSE).
SPECIAL SUPPORT
PROJECTS
065 DARP RC135.......... 0 28,153 0 0 0 28,153
066 DCGS-AF............. 0 217,713 0 0 0 217,713
070 SPECIAL UPDATE 0 978,499 0 0 0 978,499
PROGRAM.
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 21,702,225 0 -250,000 0 25,000 0 21,702,225
Classifed issue..... [0] [0] [25,000] [0]
Excess carryover.... [0] [-250,000] [0] [0]
SPARES AND REPAIR
PARTS
071 SPARES AND REPAIR 0 1,007 0 0 0 1,007
PARTS (CYBER).
072 SPARES AND REPAIR 0 23,175 0 0 0 23,175
PARTS.
073 UNDISTRIBUTED....... 0 0 189,283 0 189,283 189,283
Inflation effects... [0] [0] [189,283] [0] [189,283]
TOTAL OTHER 25,691,113 -180,430 212,202 180,603 25,871,716
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
025 MAJOR EQUIPMENT, 10 513 0 0 0 10 513
DPAA.
050 MAJOR EQUIPMENT, OSD 0 64,291 0 0 30,000 0 3,000 67,291
Project Spectrum.... [0] [0] [30,000] [0] [3,000]
MAJOR EQUIPMENT, NSA
047 INFORMATION SYSTEMS 0 6,738 0 0 0 6,738
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
054 MAJOR EQUIPMENT, WHS 0 310 0 0 0 310
MAJOR EQUIPMENT,
DISA
011 INFORMATION SYSTEMS 0 24,044 0 0 0 24,044
SECURITY.
012 TELEPORT PROGRAM.... 0 50,475 0 0 0 50,475
013 JOINT FORCES 0 674 0 0 0 674
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 0 46,614 0 0 0 46,614
MILLION.
015 DEFENSE INFORMATION 0 87,345 0 0 0 87,345
SYSTEM NETWORK.
016 WHITE HOUSE 0 130,145 0 0 0 130,145
COMMUNICATION
AGENCY.
017 SENIOR LEADERSHIP 0 47,864 0 0 0 47,864
ENTERPRISE.
018 JOINT REGIONAL 0 17,135 0 -7,000 0 0 -7,000 10,135
SECURITY STACKS
(JRSS).
Program decrease.... [0] [-7,000] [0] [0] [-7,000]
019 JOINT SERVICE 0 86,183 0 0 0 86,183
PROVIDER.
020 FOURTH ESTATE 0 42,756 0 0 0 42,756
NETWORK
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
022 MAJOR EQUIPMENT..... 0 24,501 0 0 0 24,501
MAJOR EQUIPMENT,
DCSA
001 MAJOR EQUIPMENT..... 0 2,346 0 0 0 2,346
MAJOR EQUIPMENT, TJS
052 MAJOR EQUIPMENT, TJS 0 3,900 0 0 0 3,900
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
030 THAAD............... 3 74,994 25 272,900 0 15 165,000 18 239,994
15 additional THAAD [25] [272,900] [0] [15] [165,000]
interceptors.
031 GROUND BASED 0 11,300 0 0 0 11,300
MIDCOURSE.
032 AEGIS BMD........... 47 402,235 0 23,500 0 0 47 402,235
Procure replacement [0] [23,500] [0] [0]
IMU.
034 BMDS AN/TPY-2 RADARS 0 4,606 0 55,000 0 0 4,606
AN/TPY-2 TRIMM [0] [30,000] [0] [0]
refresh.
BMDS sensors........ [0] [10,000] [0] [0]
HEMP hardening...... [0] [15,000] [0] [0]
035 SM-3 IIAS........... 10 337,975 0 8 315,000 8 252,000 18 589,975
Capacity expansion-- [0] [0] [63,000] [0]
test equipment.
Production increase. [0] [8] [252,000] [8] [252,000]
036 ARROW 3 UPPER TIER 1 80,000 0 0 0 1 80,000
SYSTEMS.
037 SHORT RANGE 1 40,000 0 0 0 1 40,000
BALLISTIC MISSILE
DEFENSE (SRBMD).
038 DEFENSE OF GUAM 0 26,514 0 0 0 26,514
PROCUREMENT.
039 AEGIS ASHORE PHASE 0 30,056 0 0 0 30,056
III.
040 IRON DOME........... 1 80,000 0 0 0 1 80,000
041 AEGIS BMD HARDWARE 6 78,181 0 22,000 0 0 6 78,181
AND SOFTWARE.
SPY-1 low noise [0] [22,000] [0] [0]
amplyfier.
MAJOR EQUIPMENT,
DHRA
003 PERSONNEL 0 4,522 0 0 0 4,522
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 VEHICLES............ 0 139 0 0 0 139
028 OTHER MAJOR 0 14,296 0 0 0 14,296
EQUIPMENT.
MAJOR EQUIPMENT,
DODEA
024 AUTOMATION/ 0 2,048 0 0 0 2,048
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
023 MAJOR EQUIPMENT..... 0 11,117 0 0 0 11,117
CLASSIFIED PROGRAMS
099 CLASSIFIED PROGRAMS. 0 681,894 0 10,500 0 0 681,894
JWICS modernization. [0] [10,500] [0] [0]
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 9 246,000 0 0 0 9 246,000
TARGETING.
056 MANNED ISR.......... 0 5,000 0 0 0 5,000
057 MC-12............... 0 3,344 0 0 0 3,344
059 ROTARY WING UPGRADES 0 214,575 0 0 0 -4,292 210,283
AND SUSTAINMENT.
Excess to need...... [0] [0] [0] [-4,292]
060 UNMANNED ISR........ 0 41,749 0 0 0 41,749
061 NON-STANDARD 0 7,156 0 0 0 7,156
AVIATION.
062 U-28................ 0 4,589 0 0 0 4,589
063 MH-47 CHINOOK....... 0 133,144 0 0 0 133,144
064 CV-22 MODIFICATION.. 0 75,629 0 7,586 0 0 7,586 83,215
CV-22 & MC-130J Link- [0] [7,586] [0] [0] [7,586]
16 TacNet tactical
receiver.
065 MQ-9 UNMANNED AERIAL 0 9,000 0 0 0 9,000
VEHICLE.
066 PRECISION STRIKE 0 57,450 0 0 0 57,450
PACKAGE.
067 AC/MC-130J.......... 0 225,569 0 0 0 -2,700 222,869
Excess to need...... [0] [0] [0] [-2,700]
068 C-130 MODIFICATIONS. 0 11,945 0 4,948 0 0 4,948 16,893
CV-22 & MC-130J Link- [0] [4,948] [0] [0] [4,948]
16 TacNet tactical
receiver.
SHIPBUILDING
069 UNDERWATER SYSTEMS.. 0 45,631 0 0 0 45,631
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M. 0 151,233 0 8,656 0 3,700 0 3,705 154,938
M3E1 Multi Purpose [0] [4,951] [0] [0]
Anti Armor Anti
Personnel Weapon
System (MAWWS)
Family of Munitions.
Maritime scalable [0] [0] [3,700] [0]
effects.
Maritime Scalable [0] [3,705] [0] [0] [3,705]
Effects (MSE)
Electronic Warfare
System Acceleration.
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS 0 175,616 0 43,478 0 0 43,478 219,094
SOCOM Enclosed [0] [15,000] [0] [0] [15,000]
Spaces
Reconnaissance
Collection Suite
(ESRCS).
Stalker VXE Block 30 [0] [28,478] [0] [0] [28,478]
Vertical Takeoff &
Landing (VTOL)
Acceleration.
072 DISTRIBUTED COMMON 0 2,214 0 0 0 2,214
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M.... 0 98,096 0 0 0 -1,962 96,134
Excess to need...... [0] [0] [0] [-1,962]
074 COMBATANT CRAFT 0 85,566 0 0 -5,400 0 85,566
SYSTEMS.
Maritime Precision [0] [0] [-5,400] [0]
Engagement
realignment of
funds.
075 SPECIAL PROGRAMS.... 0 20,042 3 229,000 0 3 229,000 3 249,042
Medium Fixed Wing [3] [229,000] [0] [3] [229,000]
Recapitalization.
076 TACTICAL VEHICLES... 0 51,605 12 8,000 0 12 8,000 12 59,605
PB-NSCV............. [12] [8,000] [0] [12] [8,000]
077 WARRIOR SYSTEMS <$5M 0 306,846 0 52,283 0 0 46,146 352,992
AFSOC Force [0] [18,730] [0] [0] [18,730]
Generation
(AFSOFORGEN)
Tactical
Communications
(TACCOM).
Counter Unmanned [0] [33,553] [0] [0] [33,553]
Systems (CUxS)
Procurement
Acceleration.
Excess to need...... [0] [0] [0] [-6,137]
078 COMBAT MISSION 0 4,991 0 0 0 4,991
REQUIREMENTS.
080 OPERATIONAL 0 18,723 0 5,414 0 0 18,723
ENHANCEMENTS
INTELLIGENCE.
Low Visibility [0] [5,414] [0] [0]
Vanishing
Technology (LVVT).
081 OPERATIONAL 0 347,473 0 26,754 0 0 10,754 358,227
ENHANCEMENTS.
Ground Vehicle [0] [11,000] [0] [0]
Forward Looking
Infrared (FLIR).
High Speed Assault [0] [5,000] [0] [0]
Craft (HSAC) Roof
Application Kit
(RAK) Acceleration.
Intelligence, [0] [10,754] [0] [0] [10,754]
Surveillance, and
Reconnaissance
(ISR) Transceivers
Acceleration.
CBDP
082 CHEMICAL BIOLOGICAL 0 199,439 0 0 0 -6,692 192,747
SITUATIONAL
AWARENESS.
Unjustified growth.. [0] [0] [0] [-6,692]
083 CB PROTECTION & 0 187,164 0 5,000 0 0 187,164
HAZARD MITIGATION.
Waterless & [0] [5,000] [0] [0]
Sprayable Solutions
for Decontamination
of Chemical and
Biological Warfare
Agents.
084 UNDISTRIBUTED....... 0 0 149,308 0 149,308 149,308
Inflation effects... [0] [0] [149,308] [0] [149,308]
TOTAL PROCUREMENT, 88 5,245,500 40 768,019 8 492,608 38 900,279 126 6,145,779
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
001 UNDISTRIBUTED....... 0 50,000 0 0 50,000
Program increase.... [0] [50,000] [0] [0] [50,000]
TOTAL NATIONAL GUARD 50,000 50,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT... 21,429 144,219,205 24,380 160,576,135 34,590 157,948,919 22,141 18,929,662 22,141 163,148,867
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
........................... RESEARCH, DEVELOPMENT,
TEST & EVAL, ARMY
........................... BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES. 279,328 340,194 319,328 65,866 345,194
........................... Basic research increase... [30,000] [55,866]
........................... Counter-UAS technologies.. [5,000] [5,000]
........................... Counter-UAS Technology [5,000]
Research.
........................... Data exchange system for a [5,000] [5,000]
secure digital
engineering environment.
........................... Program increase.......... [55,866]
002 0601103A UNIVERSITY RESEARCH 70,775 90,775 70,775 20,000 90,775
INITIATIVES.
........................... Defense University [20,000] [20,000]
Research Instrumentation
Program.
003 0601104A UNIVERSITY AND INDUSTRY 100,909 109,909 100,909 9,000 109,909
RESEARCH CENTERS.
........................... Automotive Research Center [5,000] [5,000]
........................... Biotechnology............. [4,000] [4,000]
004 0601121A CYBER COLLABORATIVE 5,355 5,355 5,355 5,355
RESEARCH ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE 10,456 15,456 10,456 10,456
AND MACHINE LEARNING
BASIC RESEARCH.
........................... Program increase.......... [5,000]
........................... SUBTOTAL BASIC RESEARCH... 466,823 561,689 506,823 94,866 561,689
...........................
........................... APPLIED RESEARCH
006 0602002A ARMY AGILE INNOVATION AND 9,534 9,534 9,534 9,534
DEVELOPMENT-APPLIED
RESEARCH.
008 0602134A COUNTER IMPROVISED-THREAT 6,192 6,192 6,192 6,192
ADVANCED STUDIES.
009 0602141A LETHALITY TECHNOLOGY...... 87,717 182,717 87,717 30,000 117,717
........................... Armament digital and [35,000]
mission engineering.
........................... Collaborative networked [25,000] [25,000]
armament lethality and
fire control.
........................... Investigate novel armament [5,000]
systems and technologies.
........................... Modular open systems [5,000]
architecture.
........................... Solid-state additive [20,000]
manufacturing research.
........................... Turret gunner [5,000] [5,000]
survivability and
simulation.
010 0602142A ARMY APPLIED RESEARCH..... 27,833 57,533 27,833 27,833
........................... Digital night vision [9,700]
technology.
........................... Warfighter Weapon Systems [20,000]
Digital Integration.
011 0602143A SOLDIER LETHALITY 103,839 123,839 108,839 34,700 138,539
TECHNOLOGY.
........................... Advanced textiles and [6,000] [6,000]
shelters.
........................... Footwear research......... [4,000] [4,000]
........................... Future Force Requirements [5,000] [5,000]
Experimentation program.
........................... Pathfinder................ [10,000] [10,000]
........................... Program decrease.......... [-5,000]
........................... Program increase.......... [5,000]
........................... Program increase--digital [9,700]
night vision technology.
012 0602144A GROUND TECHNOLOGY......... 52,848 96,048 59,848 36,000 88,848
........................... Advanced Gunner Restraint [2,200]
System.
........................... Aerospace Manufacturing [12,000]
Center Pilot Program.
........................... Cold and complex [9,000] [9,000]
environments sensing
research.
........................... Earthen structures soil [2,000] [2,000]
enhancement.
........................... High performance polymer [10,000] [10,000]
composites and coatings.
........................... High temperature polymeric [5,000] [5,000]
materials.
........................... Polar proving ground and [5,000] [5,000]
training program.
........................... Unmanned mobility......... [5,000] [5,000]
013 0602145A NEXT GENERATION COMBAT 174,090 184,890 174,090 6,000 180,090
VEHICLE TECHNOLOGY.
........................... Compact hyperspectral [4,800]
imager development.
........................... Structural thermoplastics. [6,000] [6,000]
014 0602146A NETWORK C3I TECHNOLOGY.... 64,115 136,115 64,115 43,500 107,615
........................... AI for position, [6,000] [6,000]
navigation, and timing.
........................... Alternative position, [20,000] [15,000]
navigation, and timing.
........................... Portable Doppler radar.... [7,500] [7,500]
........................... Rapid design and [3,500]
fabrication of high
enthalpy alloys for long
range precision fires
missiles.
........................... Secure anti-tamper........ [15,000] [15,000]
........................... Weapons system security... [20,000]
015 0602147A LONG RANGE PRECISION FIRES 43,029 99,779 43,029 36,750 79,779
TECHNOLOGY.
........................... Carbon-carbon high- [15,000] [5,000]
temperature composites.
........................... Low cost missile [7,000] [10,000]
technology development.
........................... Low cost missile [3,000]
technology
development+J23.
........................... Novel printed armament [10,000]
components.
........................... Precision long range [6,750] [6,750]
integrated strike missile.
........................... Program increase.......... [15,000]
........................... Program increase--aluminum [15,000]
lithium alloy solid
rocket advancement.
016 0602148A FUTURE VERTICLE LIFT 69,348 84,348 69,348 7,500 76,848
TECHNOLOGY.
........................... High density eVTOL power [15,000] [7,500]
source.
017 0602150A AIR AND MISSILE DEFENSE 27,016 72,016 32,016 32,000 59,016
TECHNOLOGY.
........................... CEMA missile defender..... [20,000] [12,000]
........................... Counter-UAS Center of [10,000] [5,000]
Excellence.
........................... Counter-Unmanned Aerial [5,000]
Systems applied research.
........................... High energy laser [15,000] [15,000]
engagement technologies.
018 0602180A ARTIFICIAL INTELLIGENCE 16,454 21,454 16,454 16,454
AND MACHINE LEARNING
TECHNOLOGIES.
........................... Program increase.......... [5,000]
019 0602181A ALL DOMAIN CONVERGENCE 27,399 27,399 27,399 27,399
APPLIED RESEARCH.
020 0602182A C3I APPLIED RESEARCH...... 27,892 27,892 27,892 27,892
021 0602183A AIR PLATFORM APPLIED 41,588 56,588 41,588 41,588
RESEARCH.
........................... Aerospace Propulsion and [10,000]
Power Technology.
........................... Hybrid solar photovoltaic- [5,000]
thermoelectric panel.
022 0602184A SOLDIER APPLIED RESEARCH.. 15,716 15,716 15,716 15,716
023 0602213A C3I APPLIED CYBER......... 13,605 13,605 18,605 13,605
........................... Indo-Pacific Command [5,000]
technical workforce
development.
024 0602386A BIOTECHNOLOGY FOR 21,919 171,919 21,919 75,000 96,919
MATERIALS--APPLIED
RESEARCH.
........................... Tri-Service Biotechnology [150,000] [75,000]
for a Resilient Supply
Chain / Biotechnology for
Materials.
025 0602785A MANPOWER/PERSONNEL/ 19,649 19,649 19,649 19,649
TRAINING TECHNOLOGY.
026 0602787A MEDICAL TECHNOLOGY........ 33,976 33,976 33,976 33,976
........................... SUBTOTAL APPLIED RESEARCH. 883,759 1,441,209 905,759 301,450 1,185,209
...........................
........................... ADVANCED TECHNOLOGY
DEVELOPMENT
027 0603002A MEDICAL ADVANCED 5,207 21,907 5,207 11,700 16,907
TECHNOLOGY.
........................... CPF--U.S. Army Battlefield [1,700] [1,700]
Exercise and Combat
Related Traumatic Brain
and Spinal Injury
Research.
........................... Hearing protection for [5,000] [5,000]
communications.
........................... Research bone fracture [5,000]
infection prevention.
........................... Research effects of head- [5,000] [5,000]
supported mass on
cervical spine health.
028 0603007A MANPOWER, PERSONNEL AND 15,598 15,598 15,598 15,598
TRAINING ADVANCED
TECHNOLOGY.
029 0603025A ARMY AGILE INNOVATION AND 20,900 20,900 20,900 20,900
DEMONSTRATION.
030 0603040A ARTIFICIAL INTELLIGENCE 6,395 11,395 6,395 6,395
AND MACHINE LEARNING
ADVANCED TECHNOLOGIES.
........................... Program increase.......... [5,000]
031 0603041A ALL DOMAIN CONVERGENCE 45,463 45,463 45,463 45,463
ADVANCED TECHNOLOGY.
032 0603042A C3I ADVANCED TECHNOLOGY... 12,716 12,716 12,716 12,716
033 0603043A AIR PLATFORM ADVANCED 17,946 27,946 17,946 17,946
TECHNOLOGY.
........................... Integrated Floor System [10,000]
Upgrades for H-60
Variants.
034 0603044A SOLDIER ADVANCED 479 10,499 479 10,020 10,499
TECHNOLOGY.
........................... CPF--Advancing Military [2,890] [2,890]
Exoskeleton Technology
State-of-The-Art Project.
........................... CPF--Building 2, Doriot [3,630] [3,630]
Climatic Chambers,
Exterior Repair.
........................... CPF--Small Unit Digital [3,500] [3,500]
Twin for Robotic and
Sensor Systems
Integration.
036 0603116A LETHALITY ADVANCED 9,796 9,796 9,796 9,796
TECHNOLOGY.
037 0603117A ARMY ADVANCED TECHNOLOGY 134,874 134,874 134,874 134,874
DEVELOPMENT.
038 0603118A SOLDIER LETHALITY ADVANCED 100,935 120,935 100,935 5,000 105,935
TECHNOLOGY.
........................... FRAG-CT................... [4,000]
........................... Sensored head-borne [8,000] [5,000]
suspension systems.
........................... Soldier Integration [8,000]
Experimentation/Airborne
Rally Point.
039 0603119A GROUND ADVANCED TECHNOLOGY 32,546 106,846 37,546 36,000 68,546
........................... Additive manufacturing [15,000] [15,000]
with indigenous materials.
........................... Cold Regions Research and [10,000] [10,000]
Engineering Laboratory.
........................... Concrete properties [1,800]
prediction.
........................... Graphene-enabled [5,000] [5,000]
technologies for ground
combat operations.
........................... Platform agnostic remote [40,000]
armament systems.
........................... Printed infrastructure and [7,500] [6,000]
cold weather construction
capabilities.
040 0603134A COUNTER IMPROVISED-THREAT 21,486 21,486 21,486 21,486
SIMULATION.
041 0603386A BIOTECHNOLOGY FOR 56,853 56,853 56,853 56,853
MATERIALS--ADVANCED
RESEARCH.
042 0603457A C3I CYBER ADVANCED 41,354 41,354 41,354 41,354
DEVELOPMENT.
043 0603461A HIGH PERFORMANCE COMPUTING 251,964 301,964 251,964 50,000 301,964
MODERNIZATION PROGRAM.
........................... Program increase.......... [50,000] [50,000]
044 0603462A NEXT GENERATION COMBAT 193,242 261,242 208,242 61,500 254,742
VEHICLE ADVANCED
TECHNOLOGY.
........................... Autonomous ground vehicle [5,000] [5,000]
cybersecurity.
........................... Combat vehicle hybrid- [7,000] [5,500]
electric transmissions.
........................... Digital enterprise [15,000] [15,000]
technology.
........................... Electrified vehicle [9,000] [5,000]
infrared signature
management.
........................... HTPEM APU................. [10,000] [10,000]
........................... Lithium 6T battery [8,000] [8,000]
development.
........................... Multi-Service Electro- [3,000] [3,000]
Optical Signature code
modernization.
........................... Soldier-ground vehicle [6,000]
interface design.
........................... Synthetic graphite [20,000] [10,000]
research.
045 0603463A NETWORK C3I ADVANCED 125,565 135,565 140,565 10,000 135,565
TECHNOLOGY.
........................... Next-generation [5,000]
contaminant analysis and
detection tools.
........................... PNT situational awareness [10,000] [10,000]
tools and techniques.
........................... PNT technologies in [10,000]
degraded environments.
046 0603464A LONG RANGE PRECISION FIRES 100,830 202,740 133,340 65,400 166,230
ADVANCED TECHNOLOGY.
........................... Autoloader development.... [21,400] [21,400]
........................... Extended Range Artillery [5,000] [5,000]
Munition Suite.
........................... Hypersonic and strategic [20,000] [20,000]
materials and structures.
........................... Maneuvering submunitions.. [18,000] [9,000]
........................... Missile Multi Agent [15,000] [10,000]
eXtensible Engagement
Services (MAXES).
........................... Precision Strike Missile [27,510]
Inc 4.
........................... PrSM Inc 4--Army UPL...... [27,510]
047 0603465A FUTURE VERTICAL LIFT 177,836 187,836 177,836 2,000 179,836
ADVANCED TECHNOLOGY.
........................... Program increase--Additive [10,000] [2,000]
manufacturing.
048 0603466A AIR AND MISSILE DEFENSE 11,147 81,147 11,147 32,000 43,147
ADVANCED TECHNOLOGY.
........................... Counter-Unmanned Aerial [25,000] [20,000]
Systems Palatized-High
Energy Laser.
........................... Integration of distributed [35,000] [12,000]
gain HEL laser weapon
system.
........................... Program decrease.......... [-25,000]
........................... Program increase.......... [35,000]
049 0603920A HUMANITARIAN DEMINING..... 8,933 8,933 8,933 8,933
........................... SUBTOTAL ADVANCED 1,392,065 1,837,995 1,459,575 283,620 1,675,685
TECHNOLOGY DEVELOPMENT.
...........................
........................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
050 0603305A ARMY MISSLE DEFENSE 12,001 46,001 12,001 22,000 34,001
SYSTEMS INTEGRATION.
........................... Mobile Solid State High [12,000] [12,000]
Power Microwave.
........................... Position, Navigation, and [8,000]
Timing (PNT) Resiliency.
........................... Sensing, Modeling, [14,000] [10,000]
Analysis, Requirements,
and Testing.
051 0603308A ARMY SPACE SYSTEMS 17,945 21,445 17,945 17,945
INTEGRATION.
........................... Mission Essential Weather [3,500]
Small Satellites.
053 0603619A LANDMINE WARFARE AND 64,001 64,001 64,001 64,001
BARRIER--ADV DEV.
054 0603639A TANK AND MEDIUM CALIBER 64,669 64,669 64,669 64,669
AMMUNITION.
055 0603645A ARMORED SYSTEM 49,944 87,444 49,944 37,500 87,444
MODERNIZATION--ADV DEV.
........................... AMPV--Hybrid electric [37,500] [37,500]
vehicle.
056 0603747A SOLDIER SUPPORT AND 4,060 4,060 4,060 4,060
SURVIVABILITY.
057 0603766A TACTICAL ELECTRONIC 72,314 72,314 72,314 72,314
SURVEILLANCE SYSTEM--ADV
DEV.
058 0603774A NIGHT VISION SYSTEMS 18,048 168,048 18,048 99,000 117,048
ADVANCED DEVELOPMENT.
........................... IVAS--Army requested [99,000]
realignment from
Procurement.
........................... IVAS--Army UPL............ [150,000]
059 0603779A ENVIRONMENTAL QUALITY 31,249 38,749 31,249 7,500 38,749
TECHNOLOGY--DEM/VAL.
........................... Underwater [7,500] [7,500]
Demilitarization of
Munitions.
060 0603790A NATO RESEARCH AND 3,805 3,805 3,805 3,805
DEVELOPMENT.
061 0603801A AVIATION--ADV DEV......... 1,162,344 1,180,484 1,185,344 18,140 1,180,484
........................... Future Long Range Assault [23,000] [23,000]
Aircraft (FLRAA).
........................... Program increase--Future [23,000]
Vertical Lift.
........................... Unjustified growth--FLRAA [-4,860] [-4,860]
MTA program management.
062 0603804A LOGISTICS AND ENGINEER 9,638 9,638 9,638 9,638
EQUIPMENT--ADV DEV.
063 0603807A MEDICAL SYSTEMS--ADV DEV.. 598 598 598 598
064 0603827A SOLDIER SYSTEMS--ADVANCED 25,971 25,971 27,971 25,971
DEVELOPMENT.
........................... Anthropomorphic body armor [2,000]
065 0604017A ROBOTICS DEVELOPMENT...... 26,594 26,594 26,594 26,594
066 0604019A EXPANDED MISSION AREA 220,820 220,820 220,820 220,820
MISSILE (EMAM).
067 0604020A CROSS FUNCTIONAL TEAM 106,000 111,000 106,000 106,000
(CFT) ADVANCED
DEVELOPMENT & PROTOTYPING.
........................... Program increase.......... [5,000]
069 0604035A LOW EARTH ORBIT (LEO) 35,509 35,509 35,509 35,509
SATELLITE CAPABILITY.
070 0604036A MULTI-DOMAIN SENSING 49,932 49,932 49,932 49,932
SYSTEM (MDSS) ADV DEV.
071 0604037A TACTICAL INTEL TARGETING 863 863 863 863
ACCESS NODE (TITAN) ADV
DEV.
072 0604100A ANALYSIS OF ALTERNATIVES.. 10,659 10,659 10,659 10,659
073 0604101A SMALL UNMANNED AERIAL 1,425 21,425 1,425 1,425
VEHICLE (SUAV) (6.4).
........................... Program Protection........ [20,000]
074 0604113A FUTURE TACTICAL UNMANNED 95,719 100,719 95,719 95,719
AIRCRAFT SYSTEM (FTUAS).
........................... Identification Friend or [5,000]
Foe (IFF) modernization.
075 0604114A LOWER TIER AIR MISSILE 382,147 422,147 382,147 10,000 392,147
DEFENSE (LTAMD) SENSOR.
........................... Program protection........ [40,000] [10,000]
076 0604115A TECHNOLOGY MATURATION 269,756 339,756 269,756 269,756
INITIATIVES.
........................... Strategic long range [70,000]
cannon.
077 0604117A MANEUVER--SHORT RANGE AIR 225,147 225,147 225,147 225,147
DEFENSE (M-SHORAD).
078 0604119A ARMY ADVANCED COMPONENT 198,111 198,111 198,111 198,111
DEVELOPMENT & PROTOTYPING.
079 0604120A ASSURED POSITIONING, 43,797 57,797 43,797 14,000 57,797
NAVIGATION AND TIMING
(PNT).
........................... ALTNAV--Army UPL.......... [14,000] [14,000]
080 0604121A SYNTHETIC TRAINING 166,452 215,852 166,452 53,000 219,452
ENVIRONMENT REFINEMENT &
PROTOTYPING.
........................... AI prototype--Army UPL.... [13,500]
........................... Call for Fire Trainer-- [10,000]
Army UPL.
........................... Program increase (STE live [17,000] [17,000]
training systems).
........................... Program increase TSS/TMT [8,900]
and SVT--Army UPL.
........................... SiVT--Army requested [36,000]
realignment from
Procurement.
081 0604134A COUNTER IMPROVISED-THREAT 15,840 15,840 15,840 15,840
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
082 0604135A STRATEGIC MID-RANGE FIRES. 404,291 404,291 404,291 404,291
083 0604182A HYPERSONICS............... 173,168 223,168 173,168 50,000 223,168
........................... National Hypersonic [50,000] [50,000]
Initiative--Develop Leap-
Ahead Concepts and
Capabilities.
084 0604403A FUTURE INTERCEPTOR........ 8,179 8,179 8,179 8,179
085 0604531A COUNTER--SMALL UNMANNED 35,110 35,110 35,110 35,110
AIRCRAFT SYSTEMS ADVANCED
DEVELOPMENT.
086 0604541A UNIFIED NETWORK TRANSPORT. 36,966 76,966 36,966 36,966
........................... Common mounted form [40,000]
factor--Army UPL.
089 0305251A CYBERSPACE OPERATIONS 55,677 55,677 55,677 55,677
FORCES AND FORCE SUPPORT.
........................... SUBTOTAL ADVANCED 4,098,749 4,642,789 4,123,749 311,140 4,409,889
COMPONENT DEVELOPMENT &
PROTOTYPES.
...........................
........................... SYSTEM DEVELOPMENT &
DEMONSTRATION
090 0604201A AIRCRAFT AVIONICS......... 3,335 3,335 3,335 3,335
091 0604270A ELECTRONIC WARFARE 4,243 4,243 4,243 4,243
DEVELOPMENT.
092 0604601A INFANTRY SUPPORT WEAPONS.. 66,529 76,529 66,529 10,000 76,529
........................... Commercial magazine [5,000] [5,000]
reliability testing.
........................... Program increase.......... [5,000] [5,000]
093 0604604A MEDIUM TACTICAL VEHICLES.. 22,163 22,163 22,163 22,163
094 0604611A JAVELIN................... 7,870 7,870 7,870 7,870
095 0604622A FAMILY OF HEAVY TACTICAL 50,924 50,924 50,924 50,924
VEHICLES.
096 0604633A AIR TRAFFIC CONTROL....... 2,623 2,623 2,623 2,623
097 0604641A TACTICAL UNMANNED GROUND 115,986 115,986 115,986 115,986
VEHICLE (TUGV).
098 0604642A LIGHT TACTICAL WHEELED 10,049 10,049 10,049
VEHICLES.
........................... Electric light recon [10,049] [10,049]
vehicle--Army UPL.
099 0604645A ARMORED SYSTEMS 71,287 71,287 71,287 -2,510 68,777
MODERNIZATION (ASM)--ENG
DEV.
........................... T&E excess to need........ [-2,510]
100 0604710A NIGHT VISION SYSTEMS--ENG 62,679 84,179 62,679 13,272 75,951
DEV.
........................... IVAS--Army UPL............ [16,500] [16,500]
........................... Night vision device--next [-3,228]
ahead of need.
........................... Third Generation Forward [5,000]
Looking Infrared (3GFLIR)
FALCONS.
101 0604713A COMBAT FEEDING, CLOTHING, 1,566 1,566 1,566 1,566
AND EQUIPMENT.
102 0604715A NON-SYSTEM TRAINING 18,600 18,600 18,600 18,600
DEVICES--ENG DEV.
103 0604741A AIR DEFENSE COMMAND, 39,541 35,541 41,541 -4,000 35,541
CONTROL AND INTELLIGENCE--
ENG DEV.
........................... Machine learning for Army [2,000]
integrated fires.
........................... Program decrease.......... [-4,000] [-4,000]
104 0604742A CONSTRUCTIVE SIMULATION 29,570 29,570 29,570 29,570
SYSTEMS DEVELOPMENT.
105 0604746A AUTOMATIC TEST EQUIPMENT 5,178 5,178 5,178 5,178
DEVELOPMENT.
106 0604760A DISTRIBUTIVE INTERACTIVE 8,189 8,189 8,189 8,189
SIMULATIONS (DIS)--ENG
DEV.
109 0604798A BRIGADE ANALYSIS, 21,228 21,228 21,228 21,228
INTEGRATION AND
EVALUATION.
110 0604802A WEAPONS AND MUNITIONS--ENG 263,778 259,178 263,778 -4,600 259,178
DEV.
........................... Program decrease.......... [-4,600] [-4,600]
111 0604804A LOGISTICS AND ENGINEER 41,669 65,369 41,669 41,669
EQUIPMENT--ENG DEV.
........................... Chassis upgrade for ABV/ [23,700]
JAB--Army UPL.
112 0604805A COMMAND, CONTROL, 40,038 40,038 40,038 40,038
COMMUNICATIONS SYSTEMS--
ENG DEV.
113 0604807A MEDICAL MATERIEL/MEDICAL 5,513 5,513 5,513 5,513
BIOLOGICAL DEFENSE
EQUIPMENT--ENG DEV.
114 0604808A LANDMINE WARFARE/BARRIER-- 12,150 12,150 12,150 12,150
ENG DEV.
115 0604818A ARMY TACTICAL COMMAND & 111,690 111,690 134,690 111,690
CONTROL HARDWARE &
SOFTWARE.
........................... Red team automation/ zero- [23,000]
trust capabilities.
116 0604820A RADAR DEVELOPMENT......... 71,259 71,259 71,259 71,259
117 0604822A GENERAL FUND ENTERPRISE 10,402 10,402 10,402 10,402
BUSINESS SYSTEM (GFEBS).
119 0604827A SOLDIER SYSTEMS--WARRIOR 11,425 11,425 11,425 11,425
DEM/VAL.
120 0604852A SUITE OF SURVIVABILITY 109,702 146,802 119,702 109,702
ENHANCEMENT SYSTEMS--EMD.
........................... Active protection system [16,000]
testing.
........................... Army Aviation & Missile [9,400]
Center Digital
Engineering Software
pilot program.
........................... Autonomous Vehicle Test [11,700]
Bed.
........................... Low detectable, optically- [10,000]
triggered active
protection system.
121 0604854A ARTILLERY SYSTEMS--EMD.... 23,106 23,106 23,106 23,106
122 0605013A INFORMATION TECHNOLOGY 124,475 124,475 109,475 -15,000 109,475
DEVELOPMENT.
........................... Army contract writing [-15,000] [-15,000]
system.
123 0605018A INTEGRATED PERSONNEL AND 67,564 30,564 67,564 -14,191 53,373
PAY SYSTEM-ARMY (IPPS-A).
........................... Prgoram decrease.......... [-2,000]
........................... Program decrease.......... [-15,000]
........................... Unjustified growth........ [-20,000] [-14,191]
125 0605030A JOINT TACTICAL NETWORK 17,950 17,950 17,950 17,950
CENTER (JTNC).
126 0605031A JOINT TACTICAL NETWORK 30,169 30,169 30,169 30,169
(JTN).
128 0605035A COMMON INFRARED 11,523 11,523 11,523 11,523
COUNTERMEASURES (CIRCM).
130 0605041A DEFENSIVE CYBER TOOL 33,029 33,029 33,029 33,029
DEVELOPMENT.
131 0605042A TACTICAL NETWORK RADIO 4,497 4,497 4,497 4,497
SYSTEMS (LOW-TIER).
132 0605047A CONTRACT WRITING SYSTEM... 23,487 13,487 23,487 -9,745 13,742
........................... Unjustified growth........ [-10,000] [-9,745]
133 0605051A AIRCRAFT SURVIVABILITY 19,123 19,123 19,123 19,123
DEVELOPMENT.
134 0605052A INDIRECT FIRE PROTECTION 131,093 131,093 131,093 131,093
CAPABILITY INC 2--BLOCK 1.
135 0605053A GROUND ROBOTICS........... 26,809 26,809 26,809 26,809
136 0605054A EMERGING TECHNOLOGY 185,311 259,311 217,311 5,000 190,311
INITIATIVES.
........................... Palletized high energy [32,000] [5,000]
laser.
........................... Program increase (10kw- [70,000]
50kw DE-MSHORAD).
........................... Threat Simulation Modeling [4,000]
(HNE-TSM).
137 0605143A BIOMETRICS ENABLING 11,091 11,091 11,091 11,091
CAPABILITY (BEC).
138 0605144A NEXT GENERATION LOAD 22,439 22,439 22,439 22,439
DEVICE--MEDIUM.
140 0605148A TACTICAL INTEL TARGETING 58,087 108,987 138,987 50,900 108,987
ACCESS NODE (TITAN) EMD.
........................... Army Requested Realignment [50,900]
from Procurement.
........................... Family of Integrated [30,000]
Targeting Cells (FITC)
TITAN.
........................... TITAN realignment of funds [50,900] [50,900]
141 0605203A ARMY SYSTEM DEVELOPMENT & 119,516 143,616 143,616 24,100 143,616
DEMONSTRATION.
........................... CYBERCOM UFR--Joint [24,100]
cyberspace warfighting
architecture.
........................... CYBERCOM UPL--JCWA [24,100] [24,100]
integration.
142 0605205A SMALL UNMANNED AERIAL 6,530 6,530 6,530 6,530
VEHICLE (SUAV) (6.5).
143 0605224A MULTI-DOMAIN INTELLIGENCE. 19,911 19,911 19,911 19,911
145 0605231A PRECISION STRIKE MISSILE 259,506 259,506 259,506 259,506
(PRSM).
146 0605232A HYPERSONICS EMD........... 633,499 633,499 633,499 633,499
147 0605233A ACCESSIONS INFORMATION 13,647 13,647 13,647 -3,559 10,088
ENVIRONMENT (AIE).
........................... Carryover................. [-3,559]
148 0605235A STRATEGIC MID-RANGE 5,016 5,016 5,016 5,016
CAPABILITY.
149 0605236A INTEGRATED TACTICAL 12,447 12,447 12,447 12,447
COMMUNICATIONS.
150 0605450A JOINT AIR-TO-GROUND 2,366 2,366 2,366 2,366
MISSILE (JAGM).
151 0605457A ARMY INTEGRATED AIR AND 265,288 257,288 267,288 -6,000 259,288
MISSILE DEFENSE (AIAMD).
........................... Kill chain automation..... [2,000] [2,000]
........................... Program decrease.......... [-8,000] [-8,000]
152 0605531A COUNTER--SMALL UNMANNED 14,892 14,892 14,892 14,892
AIRCRAFT SYSTEMS SYS DEV
& DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE..... 589,762 589,762 589,762 -11,955 577,807
........................... Excess to need............ [-11,955]
154 0605766A NATIONAL CAPABILITIES 17,030 17,030 17,030 17,030
INTEGRATION (MIP).
155 0605812A JOINT LIGHT TACTICAL 9,376 9,376 9,376 9,376
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING DEVELOPMENT
PH.
156 0605830A AVIATION GROUND SUPPORT 2,959 2,959 2,959 2,959
EQUIPMENT.
157 0303032A TROJAN--RH12.............. 3,761 3,761 3,761 3,761
160 0304270A ELECTRONIC WARFARE 56,938 97,774 99,838 42,900 99,838
DEVELOPMENT.
........................... INDOPACOM UFR--SIGINT [4,900]
upgrades.
........................... Realignment of funds...... [38,000] [38,000]
........................... Service Tactical SIGINT [4,900] [4,900]
Upgrades--INDOPACOM UPL.
........................... Terrestrial Layer System [35,936]
EAB--Army UPL.
........................... SUBTOTAL SYSTEM 4,031,334 4,259,919 4,233,234 84,661 4,115,995
DEVELOPMENT &
DEMONSTRATION.
...........................
........................... MANAGEMENT SUPPORT
161 0604256A THREAT SIMULATOR 18,437 18,437 28,437 18,437
DEVELOPMENT.
........................... TECCE Scholarship [10,000]
Pathfinder program.
162 0604258A TARGET SYSTEMS DEVELOPMENT 19,132 39,132 19,132 10,000 29,132
........................... Small UAS engine [20,000] [10,000]
development.
163 0604759A MAJOR T&E INVESTMENT...... 107,706 107,706 107,706 107,706
164 0605103A RAND ARROYO CENTER........ 35,542 35,542 35,542 35,542
165 0605301A ARMY KWAJALEIN ATOLL...... 309,005 309,005 309,005 309,005
166 0605326A CONCEPTS EXPERIMENTATION 87,122 87,122 87,122 87,122
PROGRAM.
168 0605601A ARMY TEST RANGES AND 401,643 401,643 401,643 401,643
FACILITIES.
169 0605602A ARMY TECHNICAL TEST 37,962 72,962 37,962 20,000 57,962
INSTRUMENTATION AND
TARGETS.
........................... Rapid Assurance [35,000] [20,000]
Modernization Program-
Test (RAMP-T).
170 0605604A SURVIVABILITY/LETHALITY 36,500 36,500 36,500 36,500
ANALYSIS.
171 0605606A AIRCRAFT CERTIFICATION.... 2,777 2,777 2,777 2,777
172 0605702A METEOROLOGICAL SUPPORT TO 6,958 6,958 6,958 6,958
RDT&E ACTIVITIES.
173 0605706A MATERIEL SYSTEMS ANALYSIS. 22,037 22,037 22,037 22,037
174 0605709A EXPLOITATION OF FOREIGN 6,186 6,186 6,186 6,186
ITEMS.
175 0605712A SUPPORT OF OPERATIONAL 70,718 70,718 70,718 70,718
TESTING.
176 0605716A ARMY EVALUATION CENTER.... 67,058 67,058 67,058 67,058
177 0605718A ARMY MODELING & SIM X-CMD 6,097 6,097 6,097 6,097
COLLABORATION & INTEG.
178 0605801A PROGRAMWIDE ACTIVITIES.... 89,793 89,793 89,793 89,793
179 0605803A TECHNICAL INFORMATION 28,752 28,752 28,752 28,752
ACTIVITIES.
180 0605805A MUNITIONS STANDARDIZATION, 48,316 53,316 48,316 5,000 53,316
EFFECTIVENESS AND SAFETY.
........................... Agile Manufacturing for [5,000] [5,000]
Advanced Armament Systems.
181 0605857A ENVIRONMENTAL QUALITY 1,912 1,912 1,912 1,912
TECHNOLOGY MGMT SUPPORT.
182 0605898A ARMY DIRECT REPORT 53,271 53,271 53,271 53,271
HEADQUARTERS--R&D - MHA.
183 0606002A RONALD REAGAN BALLISTIC 90,088 98,088 90,088 90,088
MISSILE DEFENSE TEST SITE.
........................... Technology Refresh for [8,000]
Reagan Test Site (RTS)
Mission Control Centers.
184 0606003A COUNTERINTEL AND HUMAN 1,424 1,424 1,424 1,424
INTEL MODERNIZATION.
186 0606942A ASSESSMENTS AND 5,816 5,816 5,816 5,816
EVALUATIONS CYBER
VULNERABILITIES.
........................... SUBTOTAL MANAGEMENT 1,554,252 1,622,252 1,564,252 35,000 1,589,252
SUPPORT.
...........................
........................... OPERATIONAL SYSTEMS
DEVELOPMENT
188 0603778A MLRS PRODUCT IMPROVEMENT 18,463 18,463 18,463 18,463
PROGRAM.
189 0605024A ANTI-TAMPER TECHNOLOGY 9,284 21,284 9,284 9,284
SUPPORT.
........................... Progam increase........... [12,000]
190 0607131A WEAPONS AND MUNITIONS 11,674 16,674 11,674 5,000 16,674
PRODUCT IMPROVEMENT
PROGRAMS.
........................... Materials improvements.... [5,000] [5,000]
193 0607137A CHINOOK PRODUCT 52,513 72,513 52,513 15,000 67,513
IMPROVEMENT PROGRAM.
........................... Chinook 714C engine [20,000] [15,000]
upgrade.
194 0607139A IMPROVED TURBINE ENGINE 228,036 228,036 228,036 228,036
PROGRAM.
195 0607142A AVIATION ROCKET SYSTEM 11,312 11,312 11,312 11,312
PRODUCT IMPROVEMENT AND
DEVELOPMENT.
196 0607143A UNMANNED AIRCRAFT SYSTEM 512 512 512 512
UNIVERSAL PRODUCTS.
197 0607145A APACHE FUTURE DEVELOPMENT. 10,074 35,074 10,074 10,000 20,074
........................... Program increase.......... [25,000] [10,000]
198 0607148A AN/TPQ-53 COUNTERFIRE 62,559 62,559 62,559 62,559
TARGET ACQUISITION RADAR
SYSTEM.
199 0607150A INTEL CYBER DEVELOPMENT... 13,343 13,343 33,343 13,343
........................... Offensive cyber [20,000]
capabilities.
200 0607312A ARMY OPERATIONAL SYSTEMS 26,131 26,131 26,131 26,131
DEVELOPMENT.
201 0607313A ELECTRONIC WARFARE 6,432 6,432 6,432 6,432
DEVELOPMENT.
202 0607665A FAMILY OF BIOMETRICS...... 1,114 1,114 1,114 1,114
203 0607865A PATRIOT PRODUCT 152,312 162,312 152,312 152,312
IMPROVEMENT.
........................... Patriot Obsolescence and [10,000]
Program Protection.
204 0203728A JOINT AUTOMATED DEEP 19,329 19,329 19,329 19,329
OPERATION COORDINATION
SYSTEM (JADOCS).
205 0203735A COMBAT VEHICLE IMPROVEMENT 192,310 294,510 192,310 102,200 294,510
PROGRAMS.
........................... Abrams modernization...... [97,200] [97,200]
........................... Auxiliary power unit [5,000] [5,000]
development.
206 0203743A 155MM SELF-PROPELLED 136,680 136,680 136,680 -2,000 134,680
HOWITZER IMPROVEMENTS.
........................... Maintain program [-2,000]
management level of
effort.
207 0203744A AIRCRAFT MODIFICATIONS/ 14,400
PRODUCT IMPROVEMENT
PROGRAMS.
........................... Gray Eagle--M-code........ [14,400]
208 0203752A AIRCRAFT ENGINE COMPONENT 148 148 148 148
IMPROVEMENT PROGRAM.
209 0203758A DIGITIZATION.............. 2,100 2,100 2,100 -2,100
........................... Carryover................. [-2,100]
210 0203801A MISSILE/AIR DEFENSE 3,109 53,109 63,109 3,109
PRODUCT IMPROVEMENT
PROGRAM.
........................... Army UFR--Next gen Stinger [60,000]
missile replacement.
........................... Stinger missile--Army UPL. [50,000]
211 0203802A OTHER MISSILE PRODUCT 9,027 9,027 9,027 9,027
IMPROVEMENT PROGRAMS.
212 0205412A ENVIRONMENTAL QUALITY 793 793 793 793
TECHNOLOGY--OPERATIONAL
SYSTEM DEV.
213 0205778A GUIDED MULTIPLE-LAUNCH 20,180 20,180 20,180 20,180
ROCKET SYSTEM (GMLRS).
214 0208053A JOINT TACTICAL GROUND 8,813 8,813 8,813 8,813
SYSTEM.
217 0303140A INFORMATION SYSTEMS 17,209 17,209 17,209 17,209
SECURITY PROGRAM.
218 0303141A GLOBAL COMBAT SUPPORT 27,100 27,100 27,100 27,100
SYSTEM.
219 0303142A SATCOM GROUND ENVIRONMENT 18,321 18,321 18,321 18,321
(SPACE).
222 0305179A INTEGRATED BROADCAST 9,926 9,926 9,926 9,926
SERVICE (IBS).
223 0305204A TACTICAL UNMANNED AERIAL 4,500 4,500 4,500 4,500
VEHICLES.
224 0305206A AIRBORNE RECONNAISSANCE 17,165 17,165 17,165 17,165
SYSTEMS.
227 0708045A END ITEM INDUSTRIAL 91,270 91,270 91,270 91,270
PREPAREDNESS ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS....... 6,664 6,664 6,664 6,664
........................... SUBTOTAL OPERATIONAL 1,188,403 1,427,003 1,268,403 128,100 1,316,503
SYSTEMS DEVELOPMENT.
...........................
........................... SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
228 0608041A DEFENSIVE CYBER--SOFTWARE 94,888 94,888 94,888 94,888
PROTOTYPE DEVELOPMENT.
........................... SUBTOTAL SOFTWARE AND 94,888 94,888 94,888 94,888
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 395,627 395,627 395,627
........................... Inflation effects......... [395,627] [395,627]
........................... SUBTOTAL UNDISTRIBUTED.... 395,627 395,627 395,627
...........................
........................... TOTAL RESEARCH, 13,710,273 2,177,471 842,037 1,634,464 15,344,737
DEVELOPMENT, TEST & EVAL,
ARMY.
...........................
........................... RESEARCH, DEVELOPMENT,
TEST & EVAL, NAVY
........................... BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH 90,076 209,700 99,876 114,624 204,700
INITIATIVES.
........................... Advanced autonomous [10,000]
robotics.
........................... All-digital arrays for [9,800] [9,800]
long-distance
applications.
........................... Program increase.......... [109,624] [99,824]
........................... Program increase-- [5,000]
artificial intelligence
maritime maneuvering.
003 0601153N DEFENSE RESEARCH SCIENCES. 499,116 499,116 529,116 30,000 529,116
........................... Basic research increase... [30,000] [30,000]
........................... SUBTOTAL BASIC RESEARCH... 589,192 708,816 628,992 144,624 733,816
...........................
........................... APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED 22,953 38,953 22,953 22,953
RESEARCH.
........................... Next Generation [16,000]
Information Operations.
005 0602123N FORCE PROTECTION APPLIED 133,426 194,926 156,926 59,500 192,926
RESEARCH.
........................... Additive Manufacturing of [10,000]
Unmanned Maritime Systems.
........................... Cavitation erosion [5,000] [5,000]
prevention.
........................... CPF--Resilient Autonomous [4,000] [4,000]
Systems Research and
Workforce Diversity.
........................... CPF--Talent and Technology [3,000] [3,000]
for Navy Power and Energy
Systems.
........................... Direct air capture and [10,000] [10,000]
carbon removal technology
program.
........................... Energy resilience research [3,000] [3,000]
collaboration.
........................... Intelligent Data [10,500] [10,500]
Management for
Distributed Naval
Platforms.
........................... Next Generation Integrated [10,500]
Power and Energy Systems.
........................... Relative positioning of [5,000] [5,000] [5,000]
autonomous platforms.
........................... Resilient Autonomous [8,500] [8,500]
Systems Research &
Workforce Diversity.
........................... Workforce and technology [10,500] [10,500]
for Navy power and energy
systems.
006 0602131M MARINE CORPS LANDING FORCE 53,467 73,967 53,467 10,500 63,967
TECHNOLOGY.
........................... Advanced lithium-ion [5,000]
batteries.
........................... CPF--Unmanned Logistics [3,000] [3,000]
Solutions for the U.S.
Marine Corps.
........................... Cyber, AI & LVC Tech [2,500]
Scouting & Workforce
Development.
........................... Unmanned logistics [10,000] [7,500]
solutions.
007 0602235N COMMON PICTURE APPLIED 51,911 56,911 51,911 51,911
RESEARCH.
........................... Program increase.......... [5,000]
008 0602236N WARFIGHTER SUSTAINMENT 70,957 85,957 70,957 10,000 80,957
APPLIED RESEARCH.
........................... Anti-corrosion coatings... [10,000] [10,000]
........................... High mobility ground [5,000]
robots.
009 0602271N ELECTROMAGNETIC SYSTEMS 92,444 112,444 92,444 15,000 107,444
APPLIED RESEARCH.
........................... Chip Scale Open [20,000] [15,000]
Architecture.
010 0602435N OCEAN WARFIGHTING 74,622 84,622 74,622 10,000 84,622
ENVIRONMENT APPLIED
RESEARCH.
........................... Undersea distributed [10,000] [10,000]
sensing systems.
011 0602651M JOINT NON-LETHAL WEAPONS 6,700 6,700 6,700 6,700
APPLIED RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED 58,111 87,111 65,111 29,000 87,111
RESEARCH.
........................... CPF--Persistent Maritime [4,000] [4,000]
Surveillance.
........................... Dual-modality research [2,000] [2,000]
vessels.
........................... Submarine and undersea [5,000]
vehicle research and
workforce partnerships.
........................... Undersea vehicle [20,000] [20,000]
technology partnerships.
........................... UUV research.............. [5,000] [3,000]
013 0602750N FUTURE NAVAL CAPABILITIES 173,641 205,641 173,641 3,500 177,141
APPLIED RESEARCH.
........................... Program increase.......... [32,000] [3,500]
014 0602782N MINE AND EXPEDITIONARY 31,649 31,649 31,649 31,649
WARFARE APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL 120,637 146,237 146,237 25,600 146,237
PROTOTYPES (INP) APPLIED
RESEARCH.
........................... Advanced Concept of [25,600]
Operations--Navy UPL.
........................... Navy UFR--Alternative [25,600] [25,600]
CONOPS Goalkeeper.
016 0602861N SCIENCE AND TECHNOLOGY 81,296 81,296 81,296 81,296
MANAGEMENT--ONR FIELD
ACITIVITIES.
........................... SUBTOTAL APPLIED RESEARCH. 971,814 1,206,414 1,027,914 163,100 1,134,914
...........................
........................... ADVANCED TECHNOLOGY
DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 16,933 16,933 16,933 16,933
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS 8,253 8,253 8,253 8,253
ADVANCED TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 280,285 284,885 330,285 36,400 316,685
DEMONSTRATION (ATD).
........................... Low-cost attritable [50,000] [25,000]
aircraft technology.
........................... Program increase.......... [4,600] [4,600]
........................... Program increase--K-MAX [6,800]
next generation
autonomous logistics UAS.
020 0603651M JOINT NON-LETHAL WEAPONS 14,048 14,048 14,048 14,048
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES 251,267 251,267 251,267 251,267
ADVANCED TECHNOLOGY
DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY 60,704 60,704 60,704 60,704
PROGRAM.
023 0603729N WARFIGHTER PROTECTION 4,999 19,999 4,999 4,999
ADVANCED TECHNOLOGY.
........................... Multi-Medicine [15,000]
Manufacturing Platform.
024 0603758N NAVY WARFIGHTING 83,137 84,287 83,137 83,137
EXPERIMENTS AND
DEMONSTRATIONS.
........................... Naval virtual innovation.. [1,150]
025 0603782N MINE AND EXPEDITIONARY 2,007 2,007 2,007 2,007
WARFARE ADVANCED
TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL 144,122 230,422 205,422 66,300 210,422
PROTOTYPES (INP) ADVANCED
TECHNOLOGY DEVELOPMENT.
........................... Advanced Concept of [61,300]
Operations--Navy UPL.
........................... Navy UFR--Alternative [61,300] [61,300]
CONOPS Goalkeeper.
........................... Scalable laser weapon [25,000] [5,000]
system.
........................... SUBTOTAL ADVANCED 865,755 972,805 977,055 102,700 968,455
TECHNOLOGY DEVELOPMENT.
...........................
........................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM.... 96,883 96,883 96,883 96,883
028 0603178N LARGE UNMANNED SURFACE 146,840 146,840 146,840 146,840
VEHICLES (LUSV).
029 0603207N AIR/OCEAN TACTICAL 39,737 39,737 39,737 39,737
APPLICATIONS.
030 0603216N AVIATION SURVIVABILITY.... 17,434 17,434 17,434 17,434
031 0603239N NAVAL CONSTRUCTION FORCES. 1,706 1,706 1,706 1,706
033 0603254N ASW SYSTEMS DEVELOPMENT... 15,986 15,986 15,986 15,986
034 0603261N TACTICAL AIRBORNE 3,562 3,562 3,562 3,562
RECONNAISSANCE.
035 0603382N ADVANCED COMBAT SYSTEMS 18,628 66,828 59,328 47,200 65,828
TECHNOLOGY.
........................... Advanced Concept of [40,700]
Operations--Navy UPL.
........................... Data dissemination and [7,500] [6,500]
interoperability.
........................... Navy UFR--Alternative [40,700] [40,700]
CONOPS Goalkeeper.
036 0603502N SURFACE AND SHALLOW WATER 87,825 87,825 87,825 87,825
MINE COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO 473 6,623 473 473
DEFENSE.
........................... Nixie development......... [6,150]
038 0603512N CARRIER SYSTEMS 11,567 11,567 11,567 11,567
DEVELOPMENT.
039 0603525N PILOT FISH................ 672,461 672,461 672,461 672,461
040 0603527N RETRACT LARCH............. 7,483 7,483 7,483 7,483
041 0603536N RETRACT JUNIPER........... 239,336 239,336 239,336 239,336
042 0603542N RADIOLOGICAL CONTROL...... 772 772 772 772
043 0603553N SURFACE ASW............... 1,180 1,180 1,180 1,180
044 0603561N ADVANCED SUBMARINE SYSTEM 105,703 110,703 105,703 5,000 110,703
DEVELOPMENT.
........................... Program increase.......... [5,000] [5,000]
045 0603562N SUBMARINE TACTICAL WARFARE 10,917 10,917 10,917 10,917
SYSTEMS.
046 0603563N SHIP CONCEPT ADVANCED 82,205 101,205 82,205 8,000 90,205
DESIGN.
........................... Additive Manufacturing in [5,000] [4,000]
Ship Advanced Concept
Design.
........................... Advance LAW development... [4,000] [4,000]
........................... Polymorphic Build Farms... [10,000]
047 0603564N SHIP PRELIMINARY DESIGN & 75,327 75,327 75,327 75,327
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER 227,400 227,400 227,400 227,400
SYSTEMS.
049 0603573N ADVANCED SURFACE MACHINERY 176,600 185,600 188,200 20,600 197,200
SYSTEMS.
........................... Lithium Iron Phosphate [9,000] [9,000]
Batteries Integration.
........................... Silicon carbide power [11,600] [11,600]
modules.
050 0603576N CHALK EAGLE............... 91,584 91,584 91,584 91,584
051 0603581N LITTORAL COMBAT SHIP (LCS) 96,444 106,344 96,444 96,444
........................... LCS Fire Control RADAR [9,900]
Demonstration.
052 0603582N COMBAT SYSTEM INTEGRATION. 18,236 18,236 18,236 18,236
053 0603595N OHIO REPLACEMENT.......... 335,981 360,981 350,981 15,000 350,981
........................... Composites for Wet [15,000]
Submarine Application.
........................... Program increase.......... [10,000]
........................... Rapid realization of [15,000] [15,000]
composites for wet
submarine application.
054 0603596N LCS MISSION MODULES....... 41,533 50,533 41,533 7,000 48,533
........................... Mine Countermeasures [9,000] [7,000]
Mission Package Capacity
and Wholeness--Navy UPL.
055 0603597N AUTOMATED TEST AND RE-TEST 9,773 9,773 9,773 9,773
(ATRT).
056 0603599N FRIGATE DEVELOPMENT....... 118,626 118,626 118,626 -3,000 115,626
........................... Prior year underexecution. [-3,000]
057 0603609N CONVENTIONAL MUNITIONS.... 9,286 9,286 9,286 9,286
058 0603635M MARINE CORPS GROUND COMBAT/ 111,431 111,431 111,431 111,431
SUPPORT SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE 36,496 36,496 36,496 36,496
ORDNANCE DEVELOPMENT.
060 0603713N OCEAN ENGINEERING 6,193 6,193 6,193 6,193
TECHNOLOGY DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.. 21,647 21,647 21,647 21,647
062 0603724N NAVY ENERGY PROGRAM....... 60,320 70,320 60,320 10,000 70,320
........................... Marine energy systems..... [10,000] [10,000]
063 0603725N FACILITIES IMPROVEMENT.... 5,664 5,664 5,664 5,664
064 0603734N CHALK CORAL............... 833,634 833,634 833,634 833,634
065 0603739N NAVY LOGISTIC PRODUCTIVITY 899 899 899 899
066 0603746N RETRACT MAPLE............. 363,973 363,973 363,973 363,973
067 0603748N LINK PLUMERIA............. 1,038,661 1,038,661 1,038,661 1,038,661
068 0603751N RETRACT ELM............... 83,445 83,445 83,445 83,445
069 0603764M LINK EVERGREEN............ 313,761 313,761 313,761 313,761
070 0603790N NATO RESEARCH AND 8,041 8,041 8,041 8,041
DEVELOPMENT.
071 0603795N LAND ATTACK TECHNOLOGY.... 358 358 358 358
072 0603851M JOINT NON-LETHAL WEAPONS 30,533 30,533 30,533 30,533
TESTING.
073 0603860N JOINT PRECISION APPROACH 18,628 18,628 18,628 18,628
AND LANDING SYSTEMS--DEM/
VAL.
074 0603925N DIRECTED ENERGY AND 65,080 65,080 65,080 65,080
ELECTRIC WEAPON SYSTEMS.
075 0604014N F/A -18 INFRARED SEARCH 40,069 40,069 40,069 40,069
AND TRACK (IRST).
076 0604027N DIGITAL WARFARE OFFICE.... 165,753 165,753 165,753 165,753
077 0604028N SMALL AND MEDIUM UNMANNED 106,347 106,347 106,347 106,347
UNDERSEA VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE 60,697 60,697 60,697 60,697
CORE TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, 57,000 57,000 57,000 57,000
EXPERIMENTATION AND
DEMONSTRATION..
080 0604031N LARGE UNMANNED UNDERSEA 100,000
VEHICLES.
........................... Program continuation...... [100,000]
081 0604112N GERALD R. FORD CLASS 116,498 116,498 116,498 116,498
NUCLEAR AIRCRAFT CARRIER
(CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM..... 47,389 47,389 47,389 47,389
083 0604127N SURFACE MINE 12,959 12,959 12,959 12,959
COUNTERMEASURES.
084 0604272N TACTICAL AIR DIRECTIONAL 15,028 45,028 15,028 24,000 39,028
INFRARED COUNTERMEASURES
(TADIRCM).
........................... Program increase-- [30,000] [24,000]
distributed aperture
infrared countermeasure
system.
085 0604289M NEXT GENERATION LOGISTICS. 2,342 10,742 2,342 2,342
........................... Digital manufacturing data [8,400]
vault.
086 0604292N FUTURE VERTICAL LIFT 5,103 5,103 5,103 5,103
(MARITIME STRIKE).
087 0604320M RAPID TECHNOLOGY 62,927 62,927 62,927 62,927
CAPABILITY PROTOTYPE.
088 0604454N LX (R).................... 26,630 26,630 26,630 -2,514 24,116
........................... Historical underexecution. [-2,514]
089 0604536N ADVANCED UNDERSEA 116,880 116,880 154,280 116,880
PROTOTYPING.
........................... Mk68...................... [37,400]
090 0604636N COUNTER UNMANNED AIRCRAFT 7,438 7,438 7,438 7,438
SYSTEMS (C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 84,734 109,734 84,734 25,000 109,734
DEVELOPMENT PROGRAM.
........................... Research and development [25,000] [25,000]
for a nuclear-capable sea-
launched cruise missile.
092 0604707N SPACE AND ELECTRONIC 10,229 10,229 10,229 10,229
WARFARE (SEW)
ARCHITECTURE/ENGINEERING
SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE 124,204 261,304 244,304 113,581 237,785
WARFARE WEAPON
DEVELOPMENT.
........................... Hypersonic Offensive Anti- [34,100]
Surface Warfare Increment
2 (OASuW Inc 2)--Navy UPL.
........................... Long Range Anti-Ship [50,000]
Missile (LRASM).
........................... Long Range Anti-Ship [53,000]
Missile (LRASM) AGM-158C-
3 range improvement (Navy
JASSM)--Navy UPL.
........................... Navy requested transfer [46,481]
from WPN line 8.
........................... Navy UFR--Hypersonic OASuW [67,100] [67,100]
Inc 2.
........................... Navy UFR--LRASM range [53,000]
improvement.
094 0605512N MEDIUM UNMANNED SURFACE 104,000 104,000 104,000 104,000
VEHICLES (MUSVS)).
095 0605513N UNMANNED SURFACE VEHICLE 181,620 166,620 181,620 181,620
ENABLING CAPABILITIES.
........................... Program decrease.......... [-15,000]
096 0605514M GROUND BASED ANTI-SHIP 43,090 43,090 43,090 50,000 93,090
MISSILE.
........................... Defense Industrial Base [50,000]
(DIB) Expansion for
Harpoon Missiles.
097 0605516M LONG RANGE FIRES.......... 36,693 36,693 36,693 36,693
098 0605518N CONVENTIONAL PROMPT STRIKE 1,205,041 1,225,041 1,205,041 20,000 1,225,041
(CPS).
........................... Full-Scale Rapid CPS [20,000] [20,000]
Flight Tests.
099 0303354N ASW SYSTEMS DEVELOPMENT-- 9,856 9,856 9,856 9,856
MIP.
100 0304240M ADVANCED TACTICAL UNMANNED 1,735 23,535 1,735 1,735
AIRCRAFT SYSTEM.
........................... KARGO..................... [6,800]
........................... Transition of the [15,000]
Autonomous Maritime
Patrol Aircraft (AMPA)
JCTD to Naval Aviation
System Command (NAVAIR).
101 0304270N ELECTRONIC WARFARE 796 796 796 796
DEVELOPMENT--MIP.
........................... SUBTOTAL ADVANCED 8,405,310 8,773,860 8,730,110 339,867 8,745,177
COMPONENT DEVELOPMENT &
PROTOTYPES.
...........................
........................... SYSTEM DEVELOPMENT &
DEMONSTRATION
102 0603208N TRAINING SYSTEM AIRCRAFT.. 15,128 15,128 15,128 15,128
103 0604038N MARITIME TARGETING CELL... 39,600 39,600 129,600 50,000 89,600
........................... Family of Integrated [90,000] [50,000]
Targeting Cells (FITC).
104 0604212N OTHER HELO DEVELOPMENT.... 66,010 66,010 66,010 66,010
105 0604214M AV-8B AIRCRAFT--ENG DEV... 9,205 9,205 9,205 9,205
106 0604215N STANDARDS DEVELOPMENT..... 3,766 3,766 3,766 3,766
107 0604216N MULTI-MISSION HELICOPTER 44,684 44,684 44,684 44,684
UPGRADE DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM. 343 343 343 343
109 0604230N WARFARE SUPPORT SYSTEM.... 12,337 12,337 12,337 12,337
110 0604231N COMMAND AND CONTROL 143,575 143,575 143,575 143,575
SYSTEMS.
111 0604234N ADVANCED HAWKEYE.......... 502,956 482,956 502,956 -20,000 482,956
........................... Program decrease.......... [-20,000] [-20,000]
112 0604245M H-1 UPGRADES.............. 43,759 58,559 43,759 43,759
........................... H-1 Digital [14,800]
Interoperability (DI)
Mobile User Objective
System (MUOS).
113 0604261N ACOUSTIC SEARCH SENSORS... 50,231 50,231 50,231 50,231
114 0604262N V-22A..................... 125,233 125,233 125,233 125,233
115 0604264N AIR CREW SYSTEMS 43,282 43,282 43,282 43,282
DEVELOPMENT.
116 0604269N EA-18..................... 116,589 116,589 116,589 116,589
117 0604270N ELECTRONIC WARFARE 141,138 141,138 141,138 141,138
DEVELOPMENT.
118 0604273M EXECUTIVE HELO DEVELOPMENT 45,645 45,645 45,645 45,645
119 0604274N NEXT GENERATION JAMMER 54,679 84,679 54,679 54,679
(NGJ).
........................... Program Increase--MidBand [30,000]
Capability.
120 0604280N JOINT TACTICAL RADIO 329,787 314,787 329,787 -3,200 326,587
SYSTEM--NAVY (JTRS-NAVY).
........................... Program decrease.......... [-15,000] [-3,200]
121 0604282N NEXT GENERATION JAMMER 301,737 151,737 301,737 -150,000 151,737
(NGJ) INCREMENT II.
........................... Program delay............. [-150,000] [-150,000]
122 0604307N SURFACE COMBATANT COMBAT 347,233 347,233 347,233 -10,528 336,705
SYSTEM ENGINEERING.
........................... Historical underexecution. [-10,528]
124 0604329N SMALL DIAMETER BOMB (SDB). 42,881 42,881 42,881 42,881
125 0604366N STANDARD MISSILE 319,943 342,943 319,943 319,943
IMPROVEMENTS.
........................... SM-6 Rocket Motor [23,000]
Industrial Base Expansion.
126 0604373N AIRBORNE MCM.............. 10,882 10,882 10,882 10,882
127 0604378N NAVAL INTEGRATED FIRE 45,892 45,892 60,892 45,892
CONTROL--COUNTER AIR
SYSTEMS ENGINEERING.
........................... Stratospheric balloon [15,000]
research.
128 0604419N ADVANCED SENSORS 13,000 13,000 13,000
APPLICATION PROGRAM
(ASAP).
........................... Program increase.......... [13,000] [13,000]
129 0604501N ADVANCED ABOVE WATER 81,254 105,258 81,254 -8,337 72,917
SENSORS.
........................... Historical underexecution. [-8,337]
........................... Program increase.......... [24,004]
130 0604503N SSN-688 AND TRIDENT 93,501 103,001 93,501 93,501
MODERNIZATION.
........................... Submarine Electronic [9,500]
Warfare Capability
Improvements.
131 0604504N AIR CONTROL............... 39,138 39,138 39,138 39,138
132 0604512N SHIPBOARD AVIATION SYSTEMS 11,759 11,759 11,759 11,759
133 0604518N COMBAT INFORMATION CENTER 11,160 11,160 11,160 11,160
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE 87,459 87,459 87,459 87,459
RADAR (AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR 151 151 151 151
(AAG).
136 0604558N NEW DESIGN SSN............ 307,585 504,985 496,485 188,900 496,485
........................... Accelerated design........ [188,900]
........................... Advanced submarine control [8,500]
........................... Advanced undersea [188,900] [188,900]
capability development.
137 0604562N SUBMARINE TACTICAL WARFARE 58,741 58,741 58,741 58,741
SYSTEM.
138 0604567N SHIP CONTRACT DESIGN/ LIVE 60,791 60,791 60,791 60,791
FIRE T&E.
139 0604574N NAVY TACTICAL COMPUTER 4,177 4,177 4,177 4,177
RESOURCES.
140 0604601N MINE DEVELOPMENT.......... 60,793 105,793 127,593 57,100 117,893
........................... Indian Head explosives [5,000]
research.
........................... INDOPACOM UFR--Hammerhead. [47,500] [47,500]
........................... INDOPACOM UPL--Anti- [25,000]
Surface Warfare (ASuW)
Hammerhead Mine.
........................... INDOPACOM/Navy UFR--Sea [10,000] [10,000]
Urchin powered
quickstrike mines.
........................... Mk68...................... [4,300]
........................... Quickstrike Powered Mines. [20,000]
141 0604610N LIGHTWEIGHT TORPEDO 142,000 142,000 142,000 -1,889 140,111
DEVELOPMENT.
........................... Project 2234 historical [-1,889]
underexecution.
142 0604654N JOINT SERVICE EXPLOSIVE 8,618 8,618 8,618 8,618
ORDNANCE DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/ 45,025 45,025 45,025 45,025
SUPPORTING ARMS SYSTEMS--
ENG DEV.
144 0604703N PERSONNEL, TRAINING, 7,454 7,454 7,454 7,454
SIMULATION, AND HUMAN
FACTORS.
145 0604727N JOINT STANDOFF WEAPON 758 758 758 758
SYSTEMS.
146 0604755N SHIP SELF DEFENSE (DETECT 159,426 159,426 159,426 159,426
& CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: 71,818 71,818 71,818 71,818
HARD KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: 92,687 127,087 122,087 92,687
SOFT KILL/EW).
........................... Counter-Command, Control, [29,400]
Communications, Computers
and Combat Systems
Intelligence,
Surveillance and
Reconnaissance and
Targeting (C-C5ISR&T)--
Navy UPL.
........................... Navy UFR--Counter-C5ISR&T. [29,400]
........................... Small Ship EW Self [5,000]
Protection Demonstration.
149 0604761N INTELLIGENCE ENGINEERING.. 23,742 23,742 23,742 23,742
150 0604771N MEDICAL DEVELOPMENT....... 3,178 3,178 3,178 3,178
151 0604777N NAVIGATION/ID SYSTEM...... 53,209 53,209 53,209 53,209
152 0604800M JOINT STRIKE FIGHTER 611 611 611 611
(JSF)--EMD.
153 0604800N JOINT STRIKE FIGHTER 234 234 234 234
(JSF)--EMD.
154 0604850N SSN(X).................... 143,949 143,949 143,949 143,949
155 0605013M INFORMATION TECHNOLOGY 11,361 11,361 11,361 11,361
DEVELOPMENT.
156 0605013N INFORMATION TECHNOLOGY 290,353 295,353 280,353 7,750 298,103
DEVELOPMENT.
........................... Cyber supply chain risk [5,000] [5,000]
management.
........................... Electronic procurement [-15,000]
system program reduction.
........................... High performance data [10,000] [2,750]
analytics.
........................... Navy ePS--early to need... [-5,000]
157 0605024N ANTI-TAMPER TECHNOLOGY 7,271 7,271 7,271 7,271
SUPPORT.
158 0605180N TACAMO MODERNIZATION...... 554,193 554,193 554,193 554,193
159 0605212M CH-53K RDTE............... 220,240 224,240 220,240 4,000 224,240
........................... CPF--High-Energy Density [4,000] [4,000]
and High-Power Density Li-
Ion Battery Magazines
(HEBM) in Defense
Applications.
160 0605215N MISSION PLANNING.......... 71,107 71,107 71,107 71,107
161 0605217N COMMON AVIONICS........... 77,960 77,960 77,960 77,960
162 0605220N SHIP TO SHORE CONNECTOR 2,886 10,106 2,886 7,220 10,106
(SSC).
........................... Program increase.......... [7,220] [7,220]
163 0605327N T-AO 205 CLASS............ 220 220 220 220
164 0605414N UNMANNED CARRIER AVIATION 265,646 265,646 265,646 265,646
(UCA).
165 0605450M JOINT AIR-TO-GROUND 371 371 371 371
MISSILE (JAGM).
166 0605500N MULTI-MISSION MARITIME 37,939 37,939 37,939 37,939
AIRCRAFT (MMA).
167 0605504N MULTI-MISSION MARITIME 161,697 161,697 161,697 161,697
(MMA) INCREMENT III.
168 0605611M MARINE CORPS ASSAULT 94,569 94,569 94,569 94,569
VEHICLES SYSTEM
DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL 2,856 2,856 2,856 2,856
VEHICLE (JLTV) SYSTEM
DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.................. 197,436 197,436 197,436 -12,762 184,674
........................... Prior year underexecution. [-12,762]
171 0301377N COUNTERING ADVANCED 12,341 22,341 12,341 10,000 22,341
CONVENTIONAL WEAPONS
(CACW).
........................... Threat Mosaic Warfare..... [10,000] [10,000]
175 0304785N ISR & INFO OPERATIONS..... 135,366 135,366 135,366 135,366
176 0306250M CYBER OPERATIONS 37,038 37,038 37,038 37,038
TECHNOLOGY DEVELOPMENT.
........................... SUBTOTAL SYSTEM 6,606,583 6,825,907 6,999,683 131,654 6,738,237
DEVELOPMENT &
DEMONSTRATION.
...........................
........................... MANAGEMENT SUPPORT
177 0604256N THREAT SIMULATOR 29,430 29,430 29,430 29,430
DEVELOPMENT.
178 0604258N TARGET SYSTEMS DEVELOPMENT 13,708 13,708 13,708 13,708
179 0604759N MAJOR T&E INVESTMENT...... 95,316 97,316 95,316 95,316
........................... AUTEC data fusion [2,000]
capabilities.
180 0605152N STUDIES AND ANALYSIS 3,286 3,286 3,286 3,286
SUPPORT--NAVY.
181 0605154N CENTER FOR NAVAL ANALYSES. 40,624 40,624 40,624 40,624
183 0605804N TECHNICAL INFORMATION 987 987 987 987
SERVICES.
184 0605853N MANAGEMENT, TECHNICAL & 105,152 165,152 105,152 105,152
INTERNATIONAL SUPPORT.
........................... NRE project backlog [60,000]
reduction.
185 0605856N STRATEGIC TECHNICAL 3,787 3,787 3,787 3,787
SUPPORT.
186 0605863N RDT&E SHIP AND AIRCRAFT 173,352 173,352 173,352 173,352
SUPPORT.
187 0605864N TEST AND EVALUATION 468,281 468,281 468,281 468,281
SUPPORT.
188 0605865N OPERATIONAL TEST AND 27,808 27,808 27,808 27,808
EVALUATION CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC 27,175 27,175 27,175 27,175
WARFARE (SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/ 7,186 7,186 7,186 7,186
RECONNAISSANCE SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE 39,744 39,744 39,744 39,744
SUPPORT.
192 0605898N MANAGEMENT HQ--R&D........ 40,648 40,648 40,648 40,648
193 0606355N WARFARE INNOVATION 52,060 52,060 52,060 52,060
MANAGEMENT.
194 0305327N INSIDER THREAT............ 2,315 2,315 2,315 2,315
195 0902498N MANAGEMENT HEADQUARTERS 1,811 1,811 1,811 1,811
(DEPARTMENTAL SUPPORT
ACTIVITIES).
........................... SUBTOTAL MANAGEMENT 1,132,670 1,194,670 1,132,670 1,132,670
SUPPORT.
...........................
........................... OPERATIONAL SYSTEMS
DEVELOPMENT
198 0603273N SCIENCE & TECHNOLOGY FOR 65,735 65,735 65,735 65,735
NUCLEAR RE-ENTRY SYSTEMS.
201 0604840M F-35 C2D2................. 525,338 525,338 525,338 525,338
202 0604840N F-35 C2D2................. 491,513 491,513 491,513 491,513
203 0605520M MARINE CORPS AIR DEFENSE 48,663 48,663 48,663 48,663
WEAPONS SYSTEMS.
204 0607658N COOPERATIVE ENGAGEMENT 156,121 156,121 156,121 156,121
CAPABILITY (CEC).
205 0101221N STRATEGIC SUB & WEAPONS 284,502 304,502 284,502 20,000 304,502
SYSTEM SUPPORT.
........................... D5LE2 Risk Reduction...... [20,000] [20,000]
206 0101224N SSBN SECURITY TECHNOLOGY 50,939 50,939 50,939 50,939
PROGRAM.
207 0101226N SUBMARINE ACOUSTIC WARFARE 81,237 88,237 81,237 5,000 86,237
DEVELOPMENT.
........................... Program increase.......... [7,000] [5,000]
208 0101402N NAVY STRATEGIC 49,424 49,424 49,424 49,424
COMMUNICATIONS.
209 0204136N F/A-18 SQUADRONS.......... 238,974 242,974 238,974 -3,114 235,860
........................... Historical underexecution. [-7,114]
........................... Jet noise reduction....... [4,000] [4,000]
210 0204228N SURFACE SUPPORT........... 12,197 12,197 12,197 12,197
211 0204229N TOMAHAWK AND TOMAHAWK 132,719 132,719 157,719 132,719
MISSION PLANNING CENTER
(TMPC).
........................... Submarine Launched Cruise [25,000]
Missile--Nuclear (SLCM-N)
research.
212 0204311N INTEGRATED SURVEILLANCE 68,417 82,917 82,917 14,500 82,917
SYSTEM.
........................... Deployable Surveillance [14,500] [14,500]
System, Deep Water Active.
........................... Navy UFR--IUSS DSS DWA [14,500]
rapid operational
development.
213 0204313N SHIP-TOWED ARRAY 1,188 1,188 1,188 1,188
SURVEILLANCE SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL 1,789 1,789 1,789 1,789
SUPPORT UNITS
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED 61,422 85,422 85,422 61,422
RADAR (G/ATOR).
........................... G/ATOR air traffic control [24,000]
development--USMC UPL.
........................... USMC UFR--AN/TPS-80 G/ATOR [24,000]
radar traffic control R&D.
216 0204571N CONSOLIDATED TRAINING 70,339 70,339 70,339 70,339
SYSTEMS DEVELOPMENT.
217 0204575N ELECTRONIC WARFARE (EW) 47,436 47,436 47,436 47,436
READINESS SUPPORT.
218 0205601N ANTI-RADIATION MISSILE 90,779 90,779 90,779 90,779
IMPROVEMENT.
219 0205620N SURFACE ASW COMBAT SYSTEM 28,999 28,999 28,999 28,999
INTEGRATION.
220 0205632N MK-48 ADCAP............... 155,868 155,868 155,868 155,868
221 0205633N AVIATION IMPROVEMENTS..... 130,450 130,450 130,450 130,450
222 0205675N OPERATIONAL NUCLEAR POWER 121,439 121,439 121,439 121,439
SYSTEMS.
223 0206313M MARINE CORPS 114,305 114,305 119,305 114,305
COMMUNICATIONS SYSTEMS.
........................... Classified--USMC UPL...... [5,000]
........................... Program decrease.......... [-5,000]
........................... USMC UFR--COSMOS.......... [5,000]
224 0206335M COMMON AVIATION COMMAND 14,865 14,865 14,865 14,865
AND CONTROL SYSTEM
(CAC2S).
225 0206623M MARINE CORPS GROUND COMBAT/ 100,536 113,736 100,536 100,536
SUPPORTING ARMS SYSTEMS.
........................... Program increase--USMC UPL [6,600]
........................... Tactical Warfare [6,600]
Simulation improvements--
USMC UPL.
226 0206624M MARINE CORPS COMBAT 26,522 26,522 26,522 26,522
SERVICES SUPPORT.
227 0206625M USMC INTELLIGENCE/ 51,976 51,976 51,976 51,976
ELECTRONIC WARFARE
SYSTEMS (MIP).
228 0206629M AMPHIBIOUS ASSAULT VEHICLE 8,246 8,246 8,246 8,246
229 0207161N TACTICAL AIM MISSILES..... 29,236 29,236 29,236 29,236
230 0207163N ADVANCED MEDIUM RANGE AIR- 30,898 30,898 30,898 30,898
TO-AIR MISSILE (AMRAAM).
231 0208043N PLANNING AND DECISION AID 3,609 3,609 3,609 3,609
SYSTEM (PDAS).
236 0303138N AFLOAT NETWORKS........... 45,693 45,693 45,693 45,693
237 0303140N INFORMATION SYSTEMS 33,752 33,752 33,252 33,752
SECURITY PROGRAM.
........................... Reduction from SHARKCAGE [-500]
program.
238 0305192N MILITARY INTELLIGENCE 8,415 8,415 8,415 8,415
PROGRAM (MIP) ACTIVITIES.
239 0305204N TACTICAL UNMANNED AERIAL 10,576 10,576 10,576 10,576
VEHICLES.
240 0305205N UAS INTEGRATION AND 18,373 18,373 18,373 18,373
INTEROPERABILITY.
241 0305208M DISTRIBUTED COMMON GROUND/ 45,705 41,705 45,705 45,705
SURFACE SYSTEMS.
........................... Program decrease.......... [-4,000]
242 0305220N MQ-4C TRITON.............. 13,893 -1,107 13,893 13,893
........................... Program decrease.......... [-15,000]
243 0305231N MQ-8 UAV.................. 13,100 13,100 13,100
........................... Costs associated with [13,100] [13,100]
restoring 5 LCS.
244 0305232M RQ-11 UAV................. 1,234 1,234 1,234 1,234
245 0305234N SMALL (LEVEL 0) TACTICAL 3,761 3,761 3,761 3,761
UAS (STUASL0).
247 0305241N MULTI-INTELLIGENCE SENSOR 56,261 56,261 56,261 56,261
DEVELOPMENT.
248 0305242M UNMANNED AERIAL SYSTEMS 9,780 9,780 11,780 9,780
(UAS) PAYLOADS (MIP).
........................... Autonomous MPA............ [2,000]
249 0305251N CYBERSPACE OPERATIONS 36,505 36,505 36,505 36,505
FORCES AND FORCE SUPPORT.
250 0305421N RQ-4 MODERNIZATION........ 163,277 163,277 163,277 163,277
251 0307577N INTELLIGENCE MISSION DATA 851 851 851 851
(IMD).
252 0308601N MODELING AND SIMULATION 9,437 24,437 9,437 9,437
SUPPORT.
........................... Multi-physics simulation.. [15,000]
253 0702207N DEPOT MAINTENANCE (NON-IF) 26,248 26,248 26,248 26,248
254 0708730N MARITIME TECHNOLOGY 2,133 2,133 2,133 2,133
(MARITECH).
9999 9999999999 CLASSIFIED PROGRAMS....... 1,701,811 1,714,591 1,701,811 1,701,811
........................... Program increase.......... [12,780]
........................... SUBTOTAL OPERATIONAL 5,483,386 5,587,966 5,553,386 49,486 5,532,872
SYSTEMS DEVELOPMENT.
...........................
........................... SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
256 0608013N RISK MANAGEMENT 12,810 12,810 12,810 12,810
INFORMATION--SOFTWARE
PILOT PROGRAM.
257 0608231N MARITIME TACTICAL COMMAND 11,198 11,198 11,198 11,198
AND CONTROL (MTC2)--
SOFTWARE PILOT PROGRAM.
........................... SUBTOTAL SOFTWARE AND 24,008 24,008 24,008 24,008
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 409,201 409,201 409,201
........................... Inflation effects......... [409,201] [409,201]
........................... SUBTOTAL UNDISTRIBUTED.... 409,201 409,201 409,201
...........................
........................... TOTAL RESEARCH, 24,078,718 1,215,728 1,404,301 1,340,632 25,419,350
DEVELOPMENT, TEST & EVAL,
NAVY.
...........................
........................... RESEARCH, DEVELOPMENT,
TEST & EVAL, AF
........................... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES. 375,325 455,397 405,325 75,072 450,397
........................... Basic research increase... [30,000]
........................... Drone medic platform...... [5,000]
........................... Program increase.......... [75,072] [75,072]
002 0601103F UNIVERSITY RESEARCH 171,192 177,542 171,192 6,350 177,542
INITIATIVES.
........................... CPF--Aeromedical Research [2,350] [2,350]
Center.
........................... CPF--GHz-THz Antenna [4,000] [4,000]
Systems for Massive Data
Transmissions in Real-
Time.
........................... SUBTOTAL BASIC RESEARCH... 546,517 632,939 576,517 81,422 627,939
...........................
........................... APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES 88,672 88,672 88,672 -4,390 84,282
APPLIED RESEARCH.
........................... Transformational [-4,390]
capability incubator
unjustified growth.
005 0602102F MATERIALS................. 134,795 144,795 139,795 15,000 149,795
........................... High energy synchotron X- [5,000] [5,000]
ray research.
........................... Thermal protection for [10,000] [10,000]
hypersonic vehicles.
006 0602201F AEROSPACE VEHICLE 159,453 175,953 159,453 10,000 169,453
TECHNOLOGIES.
........................... Aeromechanics and [10,000] [10,000]
integration.
........................... Rapid aerospace [6,500]
fabrication technology.
007 0602202F HUMAN EFFECTIVENESS 135,771 160,842 135,771 15,000 150,771
APPLIED RESEARCH.
........................... Digital engineering and [20,071] [10,000]
prototype capability.
........................... Program increase.......... [5,000] [5,000]
008 0602203F AEROSPACE PROPULSION...... 172,861 172,861 172,861 172,861
009 0602204F AEROSPACE SENSORS......... 192,733 197,733 262,733 5,000 197,733
........................... National network for [70,000]
microelectronics research
and development
activities.
........................... Program increase.......... [5,000] [5,000]
011 0602298F SCIENCE AND TECHNOLOGY 8,856 8,856 8,856 8,856
MANAGEMENT-- MAJOR
HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS.... 137,303 147,303 142,303 10,000 147,303
........................... Advanced hypersonic [10,000] [5,000]
propulsion.
........................... Convergence Lab Center [5,000] [5,000]
activities.
013 0602605F DIRECTED ENERGY TECHNOLOGY 109,302 104,947 100,947 -8,355 100,947
........................... AI-enabled decisionmaking. [4,000]
........................... Realignment of funds...... [-8,355] [-8,355]
........................... Technical realignment..... [-8,355]
014 0602788F DOMINANT INFORMATION 166,041 260,041 166,041 60,000 226,041
SCIENCES AND METHODS.
........................... AI for networks........... [10,000] [5,000]
........................... Internet of Things [7,000] [5,000]
Laboratory.
........................... Multi-Edge Computing [12,000]
Command and Control.
........................... Program increase.......... [10,000] [10,000]
........................... Quantum testbed........... [10,000] [10,000]
........................... Trapped ion quantum [30,000] [20,000]
computer.
........................... Trusted computing base for [5,000]
mission flight computer.
........................... UAS traffic management.... [10,000] [10,000]
........................... SUBTOTAL APPLIED RESEARCH. 1,305,787 1,462,003 1,377,432 102,255 1,408,042
...........................
........................... ADVANCED TECHNOLOGY
DEVELOPMENT
016 0603032F FUTURE AF INTEGRATED 152,559 146,559 102,559 -45,000 107,559
TECHNOLOGY DEMOS.
........................... Automated geospatial [9,000] [5,000]
intelligence detection
algorithm.
........................... Insufficient justification [-15,000]
........................... Program reduction......... [-50,000] [-50,000]
017 0603112F ADVANCED MATERIALS FOR 29,116 53,116 34,116 10,000 39,116
WEAPON SYSTEMS.
........................... FSS & UWB radome [9,000]
production.
........................... Metals Affordability [15,000] [5,000] [10,000]
Initiative.
018 0603199F SUSTAINMENT SCIENCE AND 10,695 10,695 10,695 10,695
TECHNOLOGY (S&T).
019 0603203F ADVANCED AEROSPACE SENSORS 36,997 36,997 36,997 36,997
020 0603211F AEROSPACE TECHNOLOGY DEV/ 54,727 86,820 66,220 21,493 76,220
DEMO.
........................... Airborne Missile Defense [10,000]
Beam Director Development
and Flight Environmental
Qualification.
........................... Modular Open Autonomous [5,600]
Software Testing.
........................... Program increase.......... [25,000] [20,000]
........................... Realignment of funds...... [-8,507]
........................... Technical realignment..... [-8,507] [-8,507]
........................... Unmanned semi-autonomous [20,000] [10,000]
adversary aircraft.
021 0603216F AEROSPACE PROPULSION AND 64,254 96,511 72,761 18,507 82,761
POWER TECHNOLOGY.
........................... Attritable combat UAV [13,750]
propulsion.
........................... Program increase.......... [10,000] [10,000]
........................... Realignment of funds...... [8,507] [8,507]
........................... Technical realignment..... [8,507]
022 0603270F ELECTRONIC COMBAT 33,380 48,380 33,380 33,380
TECHNOLOGY.
........................... High speed expendable [5,000]
turboramjets.
........................... Program increase.......... [10,000]
023 0603273F SCIENCE & TECHNOLOGY FOR 39,431 39,431 39,431 39,431
NUCLEAR RE-ENTRY SYSTEMS.
026 0603456F HUMAN EFFECTIVENESS 20,652 20,652 20,652 20,652
ADVANCED TECHNOLOGY
DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS 187,374 187,374 187,374 187,374
TECHNOLOGY.
028 0603605F ADVANCED WEAPONS 98,503 98,503 98,503 -5,214 93,289
TECHNOLOGY.
........................... Transformational [-5,214]
technology development
unjustified request.
029 0603680F MANUFACTURING TECHNOLOGY 47,759 69,759 47,759 9,300 57,059
PROGRAM.
........................... Agile Factory Floor for [8,000] [5,300]
Depot Sustainment.
........................... Carbon/carbon for [10,000]
hypersonics.
........................... CPF--Additive [4,000] [4,000]
Manufacturing and Ultra-
High Performance Concrete.
030 0603788F BATTLESPACE KNOWLEDGE 51,824 51,824 51,824 51,824
DEVELOPMENT AND
DEMONSTRATION.
........................... SUBTOTAL ADVANCED 827,271 946,621 802,271 9,086 836,357
TECHNOLOGY DEVELOPMENT.
...........................
........................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
031 0603036F MODULAR ADVANCED MISSILE.. 125,688 125,688 125,688 125,688
032 0603260F INTELLIGENCE ADVANCED 6,101 6,101 6,101 6,101
DEVELOPMENT.
033 0603742F COMBAT IDENTIFICATION 17,318 17,318 17,318 17,318
TECHNOLOGY.
034 0603790F NATO RESEARCH AND 4,295 4,295 4,295 4,295
DEVELOPMENT.
035 0603851F INTERCONTINENTAL BALLISTIC 46,432 46,432 46,432 46,432
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS..... 5,098 5,098 5,098 5,098
038 0604003F ADVANCED BATTLE MANAGEMENT 231,408 200,408 231,408 231,408
SYSTEM (ABMS).
........................... Program decrease.......... [-31,000]
039 0604004F ADVANCED ENGINE 353,658 503,658 353,658 353,658
DEVELOPMENT.
........................... AETP...................... [150,000]
040 0604006F DEPT OF THE AIR FORCE TECH 66,615 75,615 66,615 -16,615 50,000
ARCHITECTURE.
........................... Enterprise Digital [9,000]
Transformation with
Commercial Physics
Simulation.
........................... Program growth............ [-16,615]
041 0604015F LONG RANGE STRIKE--BOMBER. 3,253,584 3,253,584 3,253,584 -110,000 3,143,584
........................... Excess to need............ [-110,000]
042 0604032F DIRECTED ENERGY 4,269 4,269 4,269 4,269
PROTOTYPING.
043 0604033F HYPERSONICS PROTOTYPING... 431,868 172,547 161,547 -270,321 161,547
........................... Flight in Relevant [11,000]
Environments (FIRE)
increase.
........................... Realignment of funds...... [-316,887]
........................... Realignment of funds from [46,566]
MPAF line 6.
........................... Technical realignment..... [-270,321] [-270,321]
044 0604183F HYPERSONICS PROTOTYPING-- 144,891 461,778 461,778 316,887 461,778
HYPERSONIC ATTACK CRUISE
MISSILE (HACM).
........................... Realignment of funds...... [316,887]
........................... Technical realignment..... [316,887] [316,887]
045 0604201F PNT RESILIENCY, MODS, AND 12,010 12,010 12,010 12,010
IMPROVEMENTS.
046 0604257F ADVANCED TECHNOLOGY AND 13,311 13,311 13,311 13,311
SENSORS.
047 0604288F SURVIVABLE AIRBORNE 203,213 203,213 203,213 203,213
OPERATIONS CENTER.
048 0604317F TECHNOLOGY TRANSFER....... 16,759 16,759 16,759 16,759
049 0604327F HARD AND DEEPLY BURIED 106,826 141,826 141,826 35,000 141,826
TARGET DEFEAT SYSTEM
(HDBTDS) PROGRAM.
........................... CENTCOM UFR--HDBTDS [35,000] [35,000]
program.
........................... Program Increase--Replace [35,000]
Expended Inventory.
050 0604414F CYBER RESILIENCY OF WEAPON 44,526 44,526 69,526 25,000 69,526
SYSTEMS-ACS.
........................... Program increase.......... [25,000] [25,000]
051 0604668F JOINT TRANSPORTATION 51,758 51,758 51,758 -24,000 27,758
MANAGEMENT SYSTEM (JTMS).
........................... Product development ahead [-24,000]
of need.
052 0604776F DEPLOYMENT & DISTRIBUTION 27,586 27,586 27,586 27,586
ENTERPRISE R&D.
053 0604858F TECH TRANSITION PROGRAM... 649,545 600,795 603,545 -46,750 602,795
........................... Air Force operational [10,000]
energy increase.
........................... Hybrid autonomous maritime [2,000] [2,000]
expeditionary logistics.
........................... Program increase.......... [9,250] [9,250]
........................... Realignment of funds to [-42,500]
APAF.
........................... Realignment of funds to [-15,500]
line 54.
........................... Technical realignment..... [-58,000] [-58,000]
054 0604860F OPERATIONAL ENERGY AND 15,500 15,500 15,500 15,500
INSTALLATION RESILIENCE.
........................... Realignment of funds...... [15,500]
........................... Technical realignment..... [15,500] [15,500]
055 0605230F GROUND BASED STRATEGIC 3,000 3,000 3,000
DETERRENT.
........................... ICBM transition readiness [3,000] [3,000]
modeling and simulation.
056 0207110F NEXT GENERATION AIR 1,657,733 1,608,233 1,657,733 1,657,733
DOMINANCE.
........................... Program decrease.......... [-49,500]
057 0207179F AUTONOMOUS COLLABORATIVE 51,747 51,747 51,747 51,747
PLATFORMS.
058 0207420F COMBAT IDENTIFICATION..... 1,866 1,866 1,866 1,866
059 0207455F THREE DIMENSIONAL LONG- 14,490 14,490 14,490 14,490
RANGE RADAR (3DELRR).
060 0207522F AIRBASE AIR DEFENSE 52,498 48,498 52,498 -4,000 48,498
SYSTEMS (ABADS).
........................... Program decrease.......... [-4,000] [-4,000]
061 0208030F WAR RESERVE MATERIEL-- 10,288 10,288 10,288 10,288
AMMUNITION.
064 0305236F COMMON DATA LINK EXECUTIVE 37,460 37,460 37,460 37,460
AGENT (CDL EA).
065 0305601F MISSION PARTNER 17,378 17,378 17,378 17,378
ENVIRONMENTS.
066 0306250F CYBER OPERATIONS 234,576 286,476 365,276 130,700 365,276
TECHNOLOGY SUPPORT.
........................... AI systems and [50,000] [50,000]
applications for CYBERCOM.
........................... CYBERCOM UFR--Cyber [31,000] [31,000]
mission force operational
support.
........................... CYBERCOM UFR--Joint [20,900] [20,900]
cyberspace warfighting
architecture.
........................... Hunt forward operations... [28,800] [28,800]
........................... Joint Cyber Warfighting [51,900]
Architecture--CYBERCOM
UPL.
067 0306415F ENABLED CYBER ACTIVITIES.. 16,728 16,728 16,728 16,728
070 0808737F CVV INTEGRATED PREVENTION. 9,315 9,315 9,315 9,315
071 0901410F CONTRACTING INFORMATION 14,050 14,050 14,050 14,050
TECHNOLOGY SYSTEM.
072 1206415F U.S. SPACE COMMAND 10,350 10,350 10,350 10,350
RESEARCH AND DEVELOPMENT
SUPPORT.
........................... SUBTOTAL ADVANCED 7,945,238 8,133,954 8,152,004 54,401 7,999,639
COMPONENT DEVELOPMENT &
PROTOTYPES.
...........................
........................... SYSTEM DEVELOPMENT &
DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON 9,879 9,879 9,879 9,879
ANALYSIS & PROGRAMS.
074 0604201F PNT RESILIENCY, MODS, AND 176,824 176,824 176,824 176,824
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT... 64,425 64,425 64,425 64,425
076 0604270F ELECTRONIC WARFARE 2,222 2,222 2,222 2,222
DEVELOPMENT.
077 0604281F TACTICAL DATA NETWORKS 133,117 133,117 133,117 133,117
ENTERPRISE.
078 0604287F PHYSICAL SECURITY 8,493 8,493 8,493 8,493
EQUIPMENT.
079 0604602F ARMAMENT/ORDNANCE 5,279 5,279 5,279 5,279
DEVELOPMENT.
080 0604604F SUBMUNITIONS.............. 3,273 3,273 3,273 3,273
081 0604617F AGILE COMBAT SUPPORT...... 14,252 14,252 14,252 14,252
083 0604706F LIFE SUPPORT SYSTEMS...... 47,442 47,442 47,442 47,442
084 0604735F COMBAT TRAINING RANGES.... 91,284 91,284 91,284 91,284
086 0604932F LONG RANGE STANDOFF WEAPON 928,850 928,850 928,850 928,850
087 0604933F ICBM FUZE MODERNIZATION... 98,376 98,376 98,376 98,376
088 0605030F JOINT TACTICAL NETWORK 2,222 2,222 2,222 2,222
CENTER (JTNC).
089 0605056F OPEN ARCHITECTURE 38,222 38,222 38,222 38,222
MANAGEMENT.
090 0605223F ADVANCED PILOT TRAINING... 37,121 37,121 37,121 37,121
091 0605229F HH-60W.................... 58,974 58,974 58,974 58,974
092 0605238F GROUND BASED STRATEGIC 3,614,290 3,614,290 3,614,290 3,614,290
DETERRENT EMD.
094 0207171F F-15 EPAWSS............... 67,956 67,956 67,956 67,956
095 0207279F ISOLATED PERSONNEL 27,881 27,881 27,881 27,881
SURVIVABILITY AND
RECOVERY.
096 0207328F STAND IN ATTACK WEAPON.... 283,152 274,152 283,152 -9,000 274,152
........................... Program decrease.......... [-9,000] [-9,000]
097 0207701F FULL COMBAT MISSION 3,028 12,528 3,028 9,500 12,528
TRAINING.
........................... Airborne Augemented [9,500] [9,500]
Reality.
102 0401221F KC-46A TANKER SQUADRONS... 197,510 197,510 197,510 -8,700 188,810
........................... PACS delays............... [-8,700]
103 0401319F VC-25B.................... 492,932 392,932 492,932 -100,000 392,932
........................... Program decrease.......... [-100,000] [-100,000]
104 0701212F AUTOMATED TEST SYSTEMS.... 16,664 16,664 16,664 16,664
105 0804772F TRAINING DEVELOPMENTS..... 15,138 15,138 15,138 15,138
107 1206442F NEXT GENERATION OPIR...... 148 148 148 148
........................... SUBTOTAL SYSTEM 6,438,954 6,339,454 6,438,954 -108,200 6,330,754
DEVELOPMENT &
DEMONSTRATION.
...........................
........................... MANAGEMENT SUPPORT
108 0604256F THREAT SIMULATOR 21,067 56,067 21,067 21,067
DEVELOPMENT.
........................... Program increase.......... [35,000]
109 0604759F MAJOR T&E INVESTMENT...... 44,714 74,714 201,314 126,600 171,314
........................... Air Force UFR--Gulf [55,200] [55,200]
instrumentation for
hypersonics testing.
........................... Air Force UFR--Quick [14,700] [14,700]
reaction test capability
for hypersonics testing.
........................... Air Force UFR--VKF wind [56,700] [56,700]
tunnel improvements for
hypersonics testing.
........................... Major Range and Test [30,000]
Facility Base
improvements.
........................... Program increase.......... [30,000]
110 0605101F RAND PROJECT AIR FORCE.... 37,921 37,921 37,921 37,921
111 0605502F SMALL BUSINESS INNOVATION 86 86 86 -86
RESEARCH.
........................... Programming error......... [-86]
112 0605712F INITIAL OPERATIONAL TEST & 13,926 13,926 13,926 13,926
EVALUATION.
113 0605807F TEST AND EVALUATION 826,854 826,854 841,854 15,000 841,854
SUPPORT.
........................... Air Force UFR--EDW/Eglin [10,000] [10,000]
hypersonics testing.
........................... Air Force UFR--VKF wind [5,000] [5,000]
tunnel throughput for
hypersonics testing.
115 0605827F ACQ WORKFORCE- GLOBAL VIG 255,995 283,995 283,995 28,000 283,995
& COMBAT SYS.
........................... Realignment of funds...... [28,000]
........................... Technical realignment..... [28,000] [28,000]
116 0605828F ACQ WORKFORCE- GLOBAL 457,589 457,589 457,589 457,589
REACH.
117 0605829F ACQ WORKFORCE- CYBER, 459,223 473,423 473,423 14,200 473,423
NETWORK, & BUS SYS.
........................... Realignment of funds...... [14,200]
........................... Technical realignment..... [14,200] [14,200]
118 0605830F ACQ WORKFORCE- GLOBAL 3,696 3,696 3,696 3,696
BATTLE MGMT.
119 0605831F ACQ WORKFORCE- CAPABILITY 229,610 253,610 253,610 24,000 253,610
INTEGRATION.
........................... Realignment of funds...... [24,000]
........................... Technical realignment..... [24,000] [24,000]
120 0605832F ACQ WORKFORCE- ADVANCED 92,648 67,361 67,361 -25,287 67,361
PRGM TECHNOLOGY.
........................... Realignment of funds...... [-25,287]
........................... Technical realignment..... [-25,287] [-25,287]
121 0605833F ACQ WORKFORCE- NUCLEAR 241,226 236,382 236,382 -4,844 236,382
SYSTEMS.
........................... Realignment of funds...... [-4,844]
........................... Technical realignment..... [-4,844] [-4,844]
122 0605898F MANAGEMENT HQ--R&D........ 4,347 5,624 5,624 1,277 5,624
........................... Realignment of funds...... [1,277]
........................... Technical realignment..... [1,277] [1,277]
123 0605976F FACILITIES RESTORATION AND 77,820 77,820 133,420 55,600 133,420
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
........................... Air Force UFR--Quick [7,500] [7,500]
reaction test capability
for hypersonics testing.
........................... Air Force UFR--VKF wind [48,100] [48,100]
tunnel improvements for
hypersonics testing.
124 0605978F FACILITIES SUSTAINMENT-- 31,561 31,561 31,561 31,561
TEST AND EVALUATION
SUPPORT.
125 0606017F REQUIREMENTS ANALYSIS AND 101,844 101,844 101,844 101,844
MATURATION.
126 0606398F MANAGEMENT HQ--T&E........ 6,285 6,285 6,285 6,285
127 0303166F SUPPORT TO INFORMATION 556 556 556 556
OPERATIONS (IO)
CAPABILITIES.
128 0303255F COMMAND, CONTROL, 15,559 35,559 35,559 20,000 35,559
COMMUNICATION, AND
COMPUTERS (C4)--STRATCOM.
........................... Establishment and initial [20,000] [20,000]
operations of the NC3
Rapid Engineering
Architecture
Collaboration Hub (REACH).
........................... NEC accleration for [10,500]
hardened NC3.
........................... Next-generation Nuclear [5,000]
Command, Control, and
Communications
architecture.
........................... Nuclear Command, Control, [4,500]
and Communications
assessment.
129 0308602F ENTEPRISE INFORMATION 83,231 83,231 83,231 83,231
SERVICES (EIS).
130 0702806F ACQUISITION AND MANAGEMENT 24,306 24,306 24,306 24,306
SUPPORT.
131 0804731F GENERAL SKILL TRAINING.... 871 871 871 871
134 1001004F INTERNATIONAL ACTIVITIES.. 2,593 2,593 2,593 2,593
........................... SUBTOTAL MANAGEMENT 3,033,528 3,155,874 3,318,074 254,460 3,287,988
SUPPORT.
...........................
........................... OPERATIONAL SYSTEMS
DEVELOPMENT
136 0604233F SPECIALIZED UNDERGRADUATE 18,037 18,037 18,037 18,037
FLIGHT TRAINING.
138 0604617F AGILE COMBAT SUPPORT...... 8,199 8,199 8,199 8,199
139 0604776F DEPLOYMENT & DISTRIBUTION 156 156 156 156
ENTERPRISE R&D.
140 0604840F F-35 C2D2................. 1,014,708 1,014,708 1,014,708 1,014,708
141 0605018F AF INTEGRATED PERSONNEL 37,901 32,901 37,901 37,901
AND PAY SYSTEM (AF-IPPS).
........................... Insufficient justification [-5,000]
142 0605024F ANTI-TAMPER TECHNOLOGY 50,066 50,066 50,066 50,066
EXECUTIVE AGENCY.
143 0605117F FOREIGN MATERIEL 80,338 80,338 80,338 80,338
ACQUISITION AND
EXPLOITATION.
144 0605278F HC/MC-130 RECAP RDT&E..... 47,994 17,994 51,870 47,994
........................... Crypto Mods--AC-130J...... [3,876]
........................... Program decrease.......... [-30,000]
145 0606018F NC3 INTEGRATION........... 23,559 23,559 23,559 23,559
147 0101113F B-52 SQUADRONS............ 770,313 689,313 775,313 -35,506 734,807
........................... Crypto Mods--B-52......... [5,000]
........................... Program decrease.......... [-81,000] [-35,506]
148 0101122F AIR-LAUNCHED CRUISE 571 571 571 571
MISSILE (ALCM).
149 0101126F B-1B SQUADRONS............ 13,144 30,144 17,644 10,000 23,144
........................... Crypto Mods--B-1B......... [4,500]
........................... Hypersonic Integration [17,000] [10,000]
Validation Testing.
150 0101127F B-2 SQUADRONS............. 111,990 111,990 111,990 111,990
151 0101213F MINUTEMAN SQUADRONS....... 69,650 69,650 69,650 69,650
152 0101316F WORLDWIDE JOINT STRATEGIC 22,725 22,725 22,725 22,725
COMMUNICATIONS.
153 0101324F INTEGRATED STRATEGIC 3,180 3,180 3,180 3,180
PLANNING & ANALYSIS
NETWORK.
154 0101328F ICBM REENTRY VEHICLES..... 118,616 118,616 118,616 118,616
156 0102110F UH-1N REPLACEMENT PROGRAM. 17,922 17,922 17,922 17,922
157 0102326F REGION/SECTOR OPERATION 451 31,951 451 451
CONTROL CENTER
MODERNIZATION PROGRAM.
........................... Multi-Domain Operations [31,500]
modernization development.
158 0102412F NORTH WARNING SYSTEM (NWS) 76,910 76,910 76,910 76,910
159 0102417F OVER-THE-HORIZON 12,210 17,210 12,210 12,210
BACKSCATTER RADAR.
........................... Ultra-wide band receiver.. [5,000]
160 0202834F VEHICLES AND SUPPORT 14,483 14,483 14,483 14,483
EQUIPMENT--GENERAL.
161 0205219F MQ-9 UAV.................. 98,499 98,499 98,499 98,499
162 0205671F JOINT COUNTER RCIED 1,747 1,747 1,747 1,747
ELECTRONIC WARFARE.
163 0207040F MULTI-PLATFORM ELECTRONIC 23,195 30,195 23,195 23,195
WARFARE EQUIPMENT.
........................... AI for EW................. [7,000]
164 0207131F A-10 SQUADRONS............ 72,393 72,393 72,393 72,393
165 0207133F F-16 SQUADRONS............ 244,696 244,696 251,414 244,696
........................... Crypto Mods--F-16 Post Blk [1,968]
........................... Crypto Mods--F-16 Pre Blk. [4,750]
166 0207134F F-15E SQUADRONS........... 213,272 213,272 213,272 -13,133 200,139
........................... Digital color display [-1,843]
delays.
........................... OFP CD&I carryover........ [-11,290]
167 0207136F MANNED DESTRUCTIVE 16,695 16,695 16,695 16,695
SUPPRESSION.
168 0207138F F-22A SQUADRONS........... 559,709 559,709 559,709 559,709
169 0207142F F-35 SQUADRONS............ 70,730 70,730 70,730 70,730
170 0207146F F-15EX.................... 83,830 83,830 83,830 83,830
171 0207161F TACTICAL AIM MISSILES..... 34,536 34,536 34,536 34,536
172 0207163F ADVANCED MEDIUM RANGE AIR- 52,704 52,704 52,704 52,704
TO-AIR MISSILE (AMRAAM).
173 0207227F COMBAT RESCUE--PARARESCUE. 863 863 863 863
174 0207247F AF TENCAP................. 23,309 23,309 23,309 23,309
175 0207249F PRECISION ATTACK SYSTEMS 12,722 12,722 12,722 12,722
PROCUREMENT.
176 0207253F COMPASS CALL.............. 49,054 49,054 49,054 49,054
177 0207268F AIRCRAFT ENGINE COMPONENT 116,087 116,087 116,087 116,087
IMPROVEMENT PROGRAM.
178 0207325F JOINT AIR-TO-SURFACE 117,198 129,198 129,198 12,000 129,198
STANDOFF MISSILE (JASSM).
........................... INDOPACOM UFR--JASSM [12,000] [12,000]
software update.
........................... Software update........... [12,000]
179 0207327F SMALL DIAMETER BOMB (SDB). 27,713 77,713 130,713 27,713
........................... Air Force UFR--SDB II [103,000]
refresh and development.
........................... Technology refresh & [50,000]
improvement--Air Force
UPL.
181 0207412F CONTROL AND REPORTING 6,615 12,815 6,615 6,615
CENTER (CRC).
........................... Combat Air Intelligence [6,200]
Systems.
182 0207417F AIRBORNE WARNING AND 239,658 237,658 540,658 300,000 539,658
CONTROL SYSTEM (AWACS).
........................... E-7 acceleration.......... [301,000] [301,000]
........................... Early to need-- [-2,000] [-1,000]
communication network
upgrade.
183 0207418F AFSPECWAR--TACP........... 5,982 5,982 5,982 5,982
185 0207431F COMBAT AIR INTELLIGENCE 23,504 23,504 23,504 23,504
SYSTEM ACTIVITIES.
186 0207438F THEATER BATTLE MANAGEMENT 5,851 5,851 5,851 5,851
(TBM) C4I.
187 0207439F ELECTRONIC WARFARE 15,990 15,990 15,990 15,990
INTEGRATED REPROGRAMMING
(EWIR).
188 0207444F TACTICAL AIR CONTROL PARTY- 10,315 10,315 10,315 10,315
MOD.
189 0207452F DCAPES.................... 8,049 8,049 8,049 8,049
190 0207521F AIR FORCE CALIBRATION 2,123 2,123 2,123 2,123
PROGRAMS.
192 0207573F NATIONAL TECHNICAL NUCLEAR 2,039 2,039 2,039 2,039
FORENSICS.
193 0207590F SEEK EAGLE................ 32,853 32,853 32,853 32,853
194 0207601F USAF MODELING AND 19,341 19,341 19,341 19,341
SIMULATION.
195 0207605F WARGAMING AND SIMULATION 7,004 7,004 7,004 7,004
CENTERS.
197 0207697F DISTRIBUTED TRAINING AND 4,628 4,628 4,628 4,628
EXERCISES.
198 0208006F MISSION PLANNING SYSTEMS.. 99,214 99,214 99,214 99,214
199 0208007F TACTICAL DECEPTION........ 17,074 17,074 17,074 17,074
200 0208064F OPERATIONAL HQ--CYBER..... 2,347 2,347 2,347 3,000 5,347
........................... Program increase--command [3,000]
and control of the
information environment.
201 0208087F DISTRIBUTED CYBER WARFARE 76,592 113,892 76,592 76,592
OPERATIONS.
........................... Joint Cyber Warfighting [37,300]
Architecture--CYBERCOM
UPL.
202 0208088F AF DEFENSIVE CYBERSPACE 8,367 8,367 26,167 -8,367
OPERATIONS.
........................... Enterprise Logging and [17,800]
Cyber Situational
Awareness Refinery
(ELICSAR).
........................... Programming error......... [-8,367]
203 0208097F JOINT CYBER COMMAND AND 80,740 80,740 75,740 80,740
CONTROL (JCC2).
........................... Centropy progam reduction. [-5,000]
204 0208099F UNIFIED PLATFORM (UP)..... 107,548 107,548 107,548 107,548
208 0208288F INTEL DATA APPLICATIONS... 1,065 1,065 1,065 1,065
209 0301025F GEOBASE................... 2,928 2,928 2,928 2,928
211 0301113F CYBER SECURITY 8,972 8,972 8,972 8,972
INTELLIGENCE SUPPORT.
218 0301401F AIR FORCE SPACE AND CYBER 3,069 3,069 3,069 3,069
NON-TRADITIONAL ISR FOR
BATTLESPACE AWARENESS.
219 0302015F E-4B NATIONAL AIRBORNE 25,701 25,701 26,401 25,701
OPERATIONS CENTER (NAOC).
........................... Crypto Mods--E-4B......... [700]
220 0303131F MINIMUM ESSENTIAL 41,171 41,171 41,171 41,171
EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
221 0303140F INFORMATION SYSTEMS 70,582 70,582 70,582 70,582
SECURITY PROGRAM.
224 0303260F JOINT MILITARY DECEPTION 2,588 2,588 2,588 2,588
INITIATIVE.
226 0304260F AIRBORNE SIGINT ENTERPRISE 108,528 115,528 108,528 7,000 115,528
........................... Special Mission Airborne [7,000] [7,000]
SIGINT Enterprise
Technology.
227 0304310F COMMERCIAL ECONOMIC 4,542 4,542 4,542 4,542
ANALYSIS.
230 0305015F C2 AIR OPERATIONS SUITE-- 8,097 8,097 8,097 8,097
C2 INFO SERVICES.
231 0305020F CCMD INTELLIGENCE 1,751 1,751 1,751 1,751
INFORMATION TECHNOLOGY.
232 0305022F ISR MODERNIZATION & 13,138 33,138 13,138 13,138
AUTOMATION DVMT (IMAD).
........................... All-domain multi-sensor [10,000]
and multi-intelligence
data fusion.
........................... Operationalize foreign [10,000]
language exploitation
capabilities.
233 0305099F GLOBAL AIR TRAFFIC 4,895 4,895 4,895 4,895
MANAGEMENT (GATM).
234 0305103F CYBER SECURITY INITIATIVE. 91 91 91 91
235 0305111F WEATHER SERVICE........... 11,716 21,716 11,716 10,000 21,716
........................... Commercial weather data [10,000] [10,000]
pilot.
236 0305114F AIR TRAFFIC CONTROL, 8,511 8,511 8,511 8,511
APPROACH, AND LANDING
SYSTEM (ATCALS).
237 0305116F AERIAL TARGETS............ 1,365 1,365 1,365 1,365
240 0305128F SECURITY AND INVESTIGATIVE 223 223 223 223
ACTIVITIES.
241 0305146F DEFENSE JOINT 8,328 8,328 8,328 8,328
COUNTERINTELLIGENCE
ACTIVITIES.
243 0305179F INTEGRATED BROADCAST 22,123 22,123 22,123 22,123
SERVICE (IBS).
244 0305202F DRAGON U-2................ 20,170 20,170 20,170 20,170
245 0305206F AIRBORNE RECONNAISSANCE 55,048 80,048 55,048 5,000 60,048
SYSTEMS.
........................... Sensor Open Systems [20,000]
Architecture.
........................... Wide Area Motion Imagery.. [5,000] [5,000]
246 0305207F MANNED RECONNAISSANCE 14,590 14,590 14,590 14,590
SYSTEMS.
247 0305208F DISTRIBUTED COMMON GROUND/ 26,901 26,901 26,901 26,901
SURFACE SYSTEMS.
248 0305220F RQ-4 UAV.................. 68,801 68,801 68,801 68,801
249 0305221F NETWORK-CENTRIC 17,564 17,564 17,564 17,564
COLLABORATIVE TARGETING.
250 0305238F NATO AGS.................. 826 826 826 826
251 0305240F SUPPORT TO DCGS ENTERPRISE 28,774 28,774 28,774 28,774
252 0305600F INTERNATIONAL INTELLIGENCE 15,036 15,036 15,036 15,036
TECHNOLOGY AND
ARCHITECTURES.
253 0305881F RAPID CYBER ACQUISITION... 3,739 3,739 3,739 3,739
254 0305984F PERSONNEL RECOVERY COMMAND 2,702 2,702 2,702 2,702
& CTRL (PRC2).
255 0307577F INTELLIGENCE MISSION DATA 6,332 6,332 6,332 6,332
(IMD).
256 0401115F C-130 AIRLIFT SQUADRON.... 407 407 407 407
257 0401119F C-5 AIRLIFT SQUADRONS (IF) 6,100 6,100 6,100 -3,000 3,100
........................... RCMD delays............... [-3,000]
258 0401130F C-17 AIRCRAFT (IF)........ 25,387 31,887 25,387 5,000 30,387
........................... IR Suppression............ [6,500] [5,000]
259 0401132F C-130J PROGRAM............ 11,060 21,060 13,660 -1,000 10,060
........................... Crypto Mods--C-130J....... [2,600]
........................... MILSATCOM modernization [-1,000]
delays.
........................... Winglets.................. [10,000]
260 0401134F LARGE AIRCRAFT IR 2,909 2,909 2,909 2,909
COUNTERMEASURES (LAIRCM).
261 0401218F KC-135S................... 12,955 12,955 17,755 12,955
........................... Crypto Mods--KC-135....... [4,800]
262 0401318F CV-22..................... 10,121 10,121 11,171 10,121
........................... Crypto Mods--CV-22........ [1,050]
263 0408011F SPECIAL TACTICS / COMBAT 6,297 6,297 6,297 6,297
CONTROL.
264 0708055F MAINTENANCE, REPAIR & 19,892 23,892 19,892 4,000 23,892
OVERHAUL SYSTEM.
........................... CPF--Aviation Training [4,000] [4,000]
Academy of the Future.
265 0708610F LOGISTICS INFORMATION 5,271 5,271 5,271 5,271
TECHNOLOGY (LOGIT).
267 0804743F OTHER FLIGHT TRAINING..... 2,214 2,214 2,214 2,214
269 0901202F JOINT PERSONNEL RECOVERY 2,164 2,164 2,164 2,164
AGENCY.
270 0901218F CIVILIAN COMPENSATION 4,098 4,098 4,098 4,098
PROGRAM.
271 0901220F PERSONNEL ADMINISTRATION.. 3,191 3,191 3,191 3,191
272 0901226F AIR FORCE STUDIES AND 899 899 899 899
ANALYSIS AGENCY.
273 0901538F FINANCIAL MANAGEMENT 5,421 5,421 5,421 5,421
INFORMATION SYSTEMS
DEVELOPMENT.
276 1202140F SERVICE SUPPORT TO 13,766 13,766 13,766 13,766
SPACECOM ACTIVITIES.
9999 9999999999 CLASSIFIED PROGRAMS....... 17,240,641 17,271,641 17,340,641 85,000 17,325,641
........................... Electromagnetic spectrum [85,000] [85,000]
technology for spectrum
sharing, EW protection,
and offensive EW
capabilities.
........................... Program increase.......... [31,000]
........................... RCO Family of Integrated [15,000]
Targeting Cells (FITC)
integration.
........................... SUBTOTAL OPERATIONAL 23,090,569 23,252,069 23,648,613 379,994 23,470,563
SYSTEMS DEVELOPMENT.
...........................
........................... SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
278 0608158F STRATEGIC MISSION PLANNING 100,167 100,167 100,167 100,167
AND EXECUTION SYSTEM--
SOFTWARE PILOT PROGRAM.
279 0608410F AIR & SPACE OPERATIONS 177,827 177,827 177,827 177,827
CENTER (AOC)--SOFTWARE
PILOT PROGRAM.
280 0608920F DEFENSE ENTERPRISE 136,202 136,202 136,202 136,202
ACCOUNTING AND MANAGEMENT
SYSTEM (DEAMS)--SOFTWARE
PILOT PRO.
281 0208087F DISTRIBUTED CYBER WARFARE 37,346 -37,346
OPERATIONS.
........................... Realignment of funds...... [-37,346]
........................... Technical realignment..... [-37,346] [-37,346]
282 0308605F AIR FORCE DEFENSIVE CYBER 240,926 240,926 240,926 -12,046 228,880
SYSTEMS (AFDCS)--SOFTWARE
PILOT PROGRAM.
........................... Excess to need............ [-12,046]
283 0308606F ALL DOMAIN COMMON PLATFORM 190,112 190,112 190,112 -9,505 180,607
(ADCP)--SOFTWARE PILOT
PROGRAM.
........................... Excess to need............ [-9,505]
284 0308607F AIR FORCE WEATHER 58,063 58,063 58,063 -2,903 55,160
PROGRAMS--SOFTWARE PILOT
PROGRAM.
........................... Excess to need............ [-2,903]
285 0308608F ELECTRONIC WARFARE 5,794 5,794 5,794 -196 5,598
INTEGRATED REPROGRAMMING
(EWIR)--SOFTWARE PILOT
PROGRAM.
........................... Excess to need............ [-196]
........................... SUBTOTAL SOFTWARE AND 946,437 909,091 909,091 -61,996 884,441
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 1,000,847 1,000,847 1,000,847
........................... Inflation effects......... [1,000,847] [1,000,847]
........................... SUBTOTAL UNDISTRIBUTED.... 1,000,847 1,000,847 1,000,847
...........................
........................... TOTAL RESEARCH, 44,134,301 697,704 2,089,502 1,712,269 45,846,570
DEVELOPMENT, TEST & EVAL,
AF.
...........................
........................... RDTE, SPACE FORCE
........................... APPLIED RESEARCH
002 1206601SF SPACE TECHNOLOGY.......... 243,737 278,892 256,092 26,355 270,092
........................... Advanced Analog [6,800] [3,000]
Microelectronics.
........................... Advanced hybrid rocket [4,000]
engine development.
........................... AI for space technology... [5,000]
........................... Realignment of funds...... [8,355]
........................... Technical realignment..... [8,355] [8,355]
........................... University Consortia for [15,000] [15,000]
Space Technology.
........................... SUBTOTAL APPLIED RESEARCH. 243,737 278,892 256,092 26,355 270,092
...........................
........................... ADVANCED TECHNOLOGY
DEVELOPMENT
003 1206310SF SPACE SCIENCE AND 460,820 526,820 460,820 17,652 478,472
TECHNOLOGY RESEARCH AND
DEVELOPMENT.
........................... Defense in depth as [20,000] [10,000]
mission assurance for
spacecraft.
........................... Multilevel, Secure, [20,000]
Autonomous Mission
Operations at AFRL.
........................... Program increase.......... [26,000] [7,652]
004 1206616SF SPACE ADVANCED TECHNOLOGY 103,395 80,168 106,168 -23,227 80,168
DEVELOPMENT/DEMO.
........................... Realignment of funds...... [2,773]
........................... Reduce follow-on tranches. [-26,000] [-26,000]
........................... Technical realignment..... [2,773] [2,773]
........................... SUBTOTAL ADVANCED 564,215 606,988 566,988 -5,575 558,640
TECHNOLOGY DEVELOPMENT.
...........................
........................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
005 0604002SF SPACE FORCE WEATHER 816 816 816 816
SERVICES RESEARCH.
006 1203164SF NAVSTAR GLOBAL POSITIONING 382,594 382,594 382,594 382,594
SYSTEM (USER EQUIPMENT)
(SPACE).
007 1203622SF SPACE WARFIGHTING ANALYSIS 44,791 44,791 44,791 44,791
008 1203710SF EO/IR WEATHER SYSTEMS..... 96,519 96,519 96,519 96,519
010 1206410SF SPACE TECHNOLOGY 986,822 990,822 986,822 986,822
DEVELOPMENT AND
PROTOTYPING.
........................... C2BMC integration......... [4,000]
012 1206425SF SPACE SITUATION AWARENESS 230,621 230,621 233,621 230,621
SYSTEMS.
........................... Digitization of PARCS [3,000]
radar for space domain
awareness.
013 1206427SF SPACE SYSTEMS PROTOTYPE 106,252 106,252 134,252 106,252
TRANSITIONS (SSPT).
........................... DARPA Blackjack RF payload [28,000]
014 1206438SF SPACE CONTROL TECHNOLOGY.. 57,953 69,953 57,953 2,000 59,953
........................... Program increase.......... [12,000] [2,000]
016 1206730SF SPACE SECURITY AND DEFENSE 59,169 59,169 59,169 59,169
PROGRAM.
017 1206760SF PROTECTED TACTICAL 121,069 121,069 121,069 -9,900 111,169
ENTERPRISE SERVICE (PTES).
........................... Unjustified increase...... [-9,900]
018 1206761SF PROTECTED TACTICAL SERVICE 294,828 294,828 294,828 -15,200 279,628
(PTS).
........................... Unjustified increase...... [-15,200]
019 1206855SF EVOLVED STRATEGIC SATCOM 565,597 565,597 565,597 -23,500 542,097
(ESS).
........................... Unjustified increase...... [-23,500]
020 1206857SF SPACE RAPID CAPABILITIES 45,427 45,427 45,427 45,427
OFFICE.
........................... SUBTOTAL ADVANCED 2,992,458 3,008,458 3,023,458 -46,600 2,945,858
COMPONENT DEVELOPMENT &
PROTOTYPES.
...........................
........................... SYSTEM DEVELOPMENT &
DEMONSTRATION
021 1203269SF GPS III FOLLOW-ON (GPS 325,927 325,927 325,927 -7,200 318,727
IIIF).
........................... Unjustified increase--GPS [-7,200]
IIIF.
022 1203940SF SPACE SITUATION AWARENESS 49,628 49,628 49,628 49,628
OPERATIONS.
023 1206421SF COUNTERSPACE SYSTEMS...... 21,848 21,848 21,848 21,848
024 1206422SF WEATHER SYSTEM FOLLOW-ON.. 48,870 48,870 48,870 48,870
025 1206425SF SPACE SITUATION AWARENESS 105,140 105,140 105,140 105,140
SYSTEMS.
026 1206431SF ADVANCED EHF MILSATCOM 11,701 11,701 11,701 11,701
(SPACE).
027 1206432SF POLAR MILSATCOM (SPACE)... 67,465 67,465 67,465 67,465
028 1206433SF WIDEBAND GLOBAL SATCOM 48,438 48,438 48,438 48,438
(SPACE).
029 1206440SF NEXT-GEN OPIR--GROUND..... 612,529 612,529 612,529 612,529
........................... Realignment of funds...... [612,529]
........................... Technical realignment..... [612,529] [612,529]
030 1206442SF NEXT GENERATION OPIR...... 3,479,459 253,801 253,801 -3,225,658 253,801
........................... Realignment of funds to [-612,529]
line 29.
........................... Realignment of funds to [-1,713,933]
line 31.
........................... Realignment of funds to [-899,196]
line 32.
........................... Technical realignment..... [-3,225,658] [-3,225,658]
031 1206443SF NEXT-GEN OPIR--GEO........ 1,713,933 1,713,933 1,713,933 1,713,933
........................... Realignment of funds...... [1,713,933]
........................... Technical realignment..... [1,713,933] [1,713,933]
032 1206444SF NEXT-GEN OPIR--POLAR...... 899,196 899,196 899,196 899,196
........................... Realignment of funds...... [899,196]
........................... Technical realignment..... [899,196] [899,196]
033 1206445SF COMMERCIAL SATCOM 23,513 23,513 23,513 23,513
(COMSATCOM) INTEGRATION.
034 1206446SF RESILIENT MISSILE WARNING 499,840 525,637 525,637 25,797 525,637
MISSILE TRACKING--LOW
EARTH ORBIT (LEO).
........................... Realignment of funds...... [25,797]
........................... Technical realignment..... [25,797] [25,797]
035 1206447SF RESILIENT MISSILE WARNING 139,131 303,930 303,930 164,799 303,930
MISSILE TRACKING--MEDIUM
EARTH ORBIT (MEO).
........................... Realignment of funds...... [164,799]
........................... Technical realignment..... [164,799] [164,799]
036 1206448SF RESILIENT MISSILE WARNING 390,596 -390,596
MISSILE TRACKING--
INTEGRATED GROUND SEGMENT.
........................... Realignment of funds...... [-200,000]
........................... Realignment of funds to [-25,797]
line 34.
........................... Realignment of funds to [-164,799]
line 35.
........................... Technical realignment..... [-390,596] [-390,596]
037 1206853SF NATIONAL SECURITY SPACE 124,103 154,103 124,103 30,000 154,103
LAUNCH PROGRAM (SPACE)--
EMD.
........................... Increase EMD for NSSL [30,000] [30,000]
Phase 3 and beyond
activities.
........................... SUBTOTAL SYSTEM 5,335,659 5,165,659 5,135,659 -177,200 5,158,459
DEVELOPMENT &
DEMONSTRATION.
039 1206116SF SPACE TEST AND TRAINING 21,453 21,453 21,453 21,453
RANGE DEVELOPMENT.
040 1206392SF ACQ WORKFORCE--SPACE & 253,716 253,716 253,716 253,716
MISSILE SYSTEMS.
041 1206398SF SPACE & MISSILE SYSTEMS 13,962 20,962 13,962 13,962
CENTER--MHA.
........................... Spacelift Range System [7,000]
improvements.
042 1206616SF SPACE ADVANCED TECHNOLOGY 2,773 -2,773
DEVELOPMENT/DEMO.
........................... Realignment of funds...... [-2,773]
........................... Technical realignment..... [-2,773] [-2,773]
043 1206759SF MAJOR T&E INVESTMENT-- 89,751 89,751 89,751 89,751
SPACE.
044 1206860SF ROCKET SYSTEMS LAUNCH 17,922 17,922 17,922 17,922
PROGRAM (SPACE).
045 1206862SF TACTICALLY RESPONSIVE 100,000 100,000 100,000
LAUNCH.
........................... Continue Tactically [75,000] [100,000]
Responsive Space.
........................... Program increase.......... [25,000]
046 1206864SF SPACE TEST PROGRAM (STP).. 25,366 25,366 25,366 25,366
........................... SUBTOTAL MANAGEMENT 424,943 529,170 422,170 97,227 522,170
SUPPORT.
...........................
........................... OPERATIONAL SYSTEM
DEVELOPMENT
048 1201017SF GLOBAL SENSOR INTEGRATED 5,321 5,321 5,321 5,321
ON NETWORK (GSIN).
049 1203001SF FAMILY OF ADVANCED BLOS 128,243 128,243 128,243 128,243
TERMINALS (FAB-T).
050 1203040SF DCO-SPACE................. 28,162 28,162 28,162 28,162
051 1203109SF NARROWBAND SATELLITE 165,892 165,892 165,892 165,892
COMMUNICATIONS.
052 1203110SF SATELLITE CONTROL NETWORK 42,199 42,199 42,199 42,199
(SPACE).
053 1203165SF NAVSTAR GLOBAL POSITIONING 2,062 2,062 2,062 2,062
SYSTEM (SPACE AND CONTROL
SEGMENTS).
054 1203173SF SPACE AND MISSILE TEST AND 4,157 4,157 4,157 4,157
EVALUATION CENTER.
055 1203174SF SPACE INNOVATION, 38,103 38,103 38,103 38,103
INTEGRATION AND RAPID
TECHNOLOGY DEVELOPMENT.
056 1203182SF SPACELIFT RANGE SYSTEM 11,658 11,658 11,658 11,658
(SPACE).
057 1203265SF GPS III SPACE SEGMENT..... 1,626 1,626 1,626 1,626
058 1203330SF SPACE SUPERIORITY ISR..... 29,128 29,128 29,128 29,128
059 1203620SF NATIONAL SPACE DEFENSE 2,856 2,856 2,856 2,856
CENTER.
060 1203873SF BALLISTIC MISSILE DEFENSE 18,615 18,615 23,615 3,000 21,615
RADARS.
........................... Upgrades for Perimeter [5,000] [3,000]
Acquisition Radar Attack
Characterization System
(PARCS).
061 1203906SF NCMC--TW/AA SYSTEM........ 7,274 7,274 7,274 7,274
062 1203913SF NUDET DETECTION SYSTEM 80,429 80,429 80,429 80,429
(SPACE).
063 1203940SF SPACE SITUATION AWARENESS 80,903 85,903 80,903 80,903
OPERATIONS.
........................... Program increase.......... [5,000]
064 1206423SF GLOBAL POSITIONING SYSTEM 359,720 359,720 359,720 359,720
III--OPERATIONAL CONTROL
SEGMENT.
068 1206770SF ENTERPRISE GROUND SERVICES 123,601 123,601 123,601 123,601
9999 9999999999 CLASSIFIED PROGRAMS....... 4,973,358 4,927,058 5,607,858 333,000 5,306,358
........................... Funding early to need..... [-379,300]
........................... INDOPACOM space control... [308,000]
........................... INDOPACOM UFR-- [308,000] [308,000]
Operationalize near-term
space control.
........................... Program adjustment........ [25,000] [25,000]
........................... Space Force UFR-- [326,500]
Classified program.
........................... SUBTOTAL OPERATIONAL 6,103,307 6,062,007 6,742,807 336,000 6,439,307
SYSTEM DEVELOPMENT.
...........................
........................... SOFTWARE & DIGITAL
TECHNOLOGY PILOT PROGRAMS
070 1208248SF SPACE COMMAND & CONTROL-- 155,053 155,053 155,053 155,053
SOFTWARE PILOT PROGRAM.
........................... SUBTOTAL SOFTWARE & 155,053 155,053 155,053 155,053
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 539,491 539,491 539,491
........................... Inflation effects......... [539,491] [539,491]
........................... SUBTOTAL UNDISTRIBUTED.... 539,491 539,491 539,491
...........................
........................... TOTAL RDTE, SPACE FORCE... 15,819,372 -13,145 1,022,346 769,698 16,589,070
...........................
........................... RESEARCH, DEVELOPMENT,
TEST & EVAL, DW
........................... BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH....... 11,584 11,584 11,584 11,584
002 0601101E DEFENSE RESEARCH SCIENCES. 401,870 495,444 401,870 92,474 494,344
........................... AI for supply chain....... [4,100] [3,000]
........................... Math and computer science. [5,000] [5,000]
........................... Program increase.......... [84,474] [84,474]
003 0601108D8Z HIGH ENERGY LASER RESEARCH 16,257 16,257 16,257 16,257
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES 62,386 184,686 87,386 22,300 84,686
........................... CPF--FIU/SOUTHCOM Security [1,300] [1,300]
Research Hub / Enhanced
Domain Awareness (EDA)
Initiative.
........................... CPF--HBCU Training for the [1,000] [1,000]
Future of Aerospace.
........................... Defense established [25,000] [20,000]
program to stimulate
competitive research
(DEPSCoR).
........................... Future G.................. [100,000]
........................... MINERVA................... [20,000]
005 0601117E BASIC OPERATIONAL MEDICAL 80,874 80,874 80,874 80,874
RESEARCH SCIENCE.
006 0601120D8Z NATIONAL DEFENSE EDUCATION 132,347 173,347 132,347 8,000 140,347
PROGRAM.
........................... Community colleges........ [5,000]
........................... CPF--Florida Memorial [1,000] [1,000]
Avionics Smart Scholars.
........................... Program increase.......... [5,000]
........................... Program increase--Ronald [5,000]
V. Dellums Memorial
Fellowship.
........................... SMART..................... [30,000] [2,000]
007 0601228D8Z HISTORICALLY BLACK 33,288 111,711 63,288 98,423 131,711
COLLEGES AND UNIVERSITIES/
MINORITY INSTITUTIONS.
........................... CPF--Augmenting Quantum [1,111] [1,111]
Sensing Research,
Education and Training in
DoD CoE at DSU.
........................... CPF--Florida Memorial [600] [600]
University Department of
Natural Sciences STEM
Equipment.
........................... Program increase.......... [76,712] [66,712]
........................... Program increase for STEM [30,000] [30,000]
programs.
008 0601384BP CHEMICAL AND BIOLOGICAL 34,734 34,734 34,734 34,734
DEFENSE PROGRAM.
........................... SUBTOTAL BASIC RESEARCH... 773,340 1,138,637 828,340 221,197 994,537
...........................
........................... APPLIED RESEARCH
010 0602000D8Z JOINT MUNITIONS TECHNOLOGY 18,961 18,961 18,961 18,961
011 0602115E BIOMEDICAL TECHNOLOGY..... 106,958 114,658 106,958 7,700 114,658
........................... Next-Generation Combat [7,700] [7,700]
Casualty Care.
012 0602128D8Z PROMOTION AND PROTECTION 3,275 3,275 3,275 3,275
STRATEGIES.
014 0602230D8Z DEFENSE TECHNOLOGY 20,634 20,634 60,634 40,000 60,634
INNOVATION.
........................... Open radio access networks [40,000] [40,000]
for next generation
wireless experimentation.
015 0602234D8Z LINCOLN LABORATORY 46,159 46,159 48,159 46,159
RESEARCH PROGRAM.
........................... Superconducting [2,000]
microelectronics.
016 0602251D8Z APPLIED RESEARCH FOR THE 67,666 67,666 67,666 67,666
ADVANCEMENT OF S&T
PRIORITIES.
017 0602303E INFORMATION & 388,270 418,270 513,270 125,000 513,270
COMMUNICATIONS TECHNOLOGY.
........................... AI/autonomy to [30,000] [30,000]
cybersecurity and
cyberspace operations
challenges.
........................... Artificial Intelligence [5,000]
and Human-Machine
Symbiosis.
........................... Cyber security............ [5,000]
........................... National Security [75,000] [75,000]
Commission on AI
recommendations.
........................... Underexplored systems for [20,000] [20,000] [20,000]
utility-scale quantum
computing.
018 0602383E BIOLOGICAL WARFARE DEFENSE 23,059 23,059 23,059 23,059
019 0602384BP CHEMICAL AND BIOLOGICAL 256,197 334,697 256,197 256,197
DEFENSE PROGRAM.
........................... Program increase.......... [78,500]
020 0602668D8Z CYBER SECURITY RESEARCH... 17,264 17,264 42,264 15,000 32,264
........................... Cyber consortium seedling [25,000] [10,000]
funding.
........................... Program increase--Pacific [5,000]
intelligence and
innovation initiative.
021 0602675D8Z SOCIAL SCIENCES FOR 4,000 4,000 4,000 4,000
ENVIRONMENTAL SECURITY.
022 0602702E TACTICAL TECHNOLOGY....... 221,883 261,883 221,883 21,500 243,383
........................... Information Analytics [5,000]
Technology.
........................... MAD-FIRES................. [35,000] [35,000]
........................... Program reduction......... [-13,500]
023 0602715E MATERIALS AND BIOLOGICAL 352,976 355,276 355,276 -10,200 342,776
TECHNOLOGY.
........................... Expanding Human Resiliency [2,300]
........................... Reduce growth............. [-12,500]
........................... ReVector.................. [2,300] [2,300]
024 0602716E ELECTRONICS TECHNOLOGY.... 557,745 557,745 557,745 557,745
025 0602718BR COUNTER WEAPONS OF MASS 192,162 192,162 192,162 192,162
DESTRUCTION APPLIED
RESEARCH.
026 0602751D8Z SOFTWARE ENGINEERING 11,030 11,030 11,030 11,030
INSTITUTE (SEI) APPLIED
RESEARCH.
027 0602890D8Z HIGH ENERGY LASER RESEARCH 48,587 68,587 48,587 48,587
........................... Program increase.......... [20,000]
028 1160401BB SOF TECHNOLOGY DEVELOPMENT 49,174 49,174 49,174 49,174
........................... SUBTOTAL APPLIED RESEARCH. 2,386,000 2,564,500 2,580,300 199,000 2,585,000
...........................
........................... ADVANCED TECHNOLOGY
DEVELOPMENT
029 0603000D8Z JOINT MUNITIONS ADVANCED 34,065 84,065 34,065 34,065
TECHNOLOGY.
........................... Munitions technology [50,000]
development.
030 0603121D8Z SO/LIC ADVANCED 4,919 4,919 4,919 4,919
DEVELOPMENT.
031 0603122D8Z COMBATING TERRORISM 72,614 92,614 72,614 20,000 92,614
TECHNOLOGY SUPPORT.
........................... United States-Israel [15,000] [15,000]
Cooperation to Counter
Unmanned Aerial Systems.
........................... VTOL Loitering Munition [5,000] [5,000]
(ROC-X).
032 0603133D8Z FOREIGN COMPARATIVE 26,802 26,802 26,802 26,802
TESTING.
034 0603160BR COUNTER WEAPONS OF MASS 395,721 395,721 395,721 395,721
DESTRUCTION ADVANCED
TECHNOLOGY DEVELOPMENT.
035 0603176BR ADVANCED CONCEPTS AND 6,505 6,505 6,505 6,505
PERFORMANCE ASSESSMENT.
036 0603176C ADVANCED CONCEPTS AND 16,737 31,737 16,737 16,737
PERFORMANCE ASSESSMENT.
........................... IAMD/OSG AIS F-35 Event [10,000]
Preparation.
........................... Kill Chain Performance [5,000]
Assessment Capability.
037 0603180C ADVANCED RESEARCH......... 22,023 50,023 22,023 18,000 40,023
........................... Benzoxazine High-Mach [4,000] [4,000]
System Thermal Protection.
........................... High Temperature Nickel [4,000] [4,000]
Based Alloy research.
........................... Sounding Rocket Testbed [20,000] [10,000]
Technology Maturation
Tests.
038 0603183D8Z JOINT HYPERSONIC 52,156 72,156 52,156 3,000 55,156
TECHNOLOGY DEVELOPMENT
&TRANSITION.
........................... Accelerate co-development [20,000] [3,000]
of key partner programs.
039 0603225D8Z JOINT DOD-DOE MUNITIONS 18,898 18,898 18,898 18,898
TECHNOLOGY DEVELOPMENT.
040 0603286E ADVANCED AEROSPACE SYSTEMS 253,135 410,435 253,135 97,300 350,435
........................... GlideBreaker.............. [20,000] [20,000]
........................... MoHAWC.................... [60,000]
........................... OpFires................... [42,300] [42,300]
........................... Tactical Boost Glide (TBG) [35,000] [35,000]
041 0603287E SPACE PROGRAMS AND 81,888 81,888 81,888 81,888
TECHNOLOGY.
042 0603288D8Z ANALYTIC ASSESSMENTS...... 24,052 24,052 24,052 24,052
043 0603289D8Z ADVANCED INNOVATIVE 53,890 68,890 53,890 7,500 61,390
ANALYSIS AND CONCEPTS.
........................... Emerging opportunities.... [15,000] [7,500]
046 0603338D8Z DEFENSE MODERNIZATION AND 141,561 176,561 146,561 141,561
PROTOTYPING.
........................... Optical reconnaisance [5,000]
sensors.
........................... Program increase.......... [35,000]
047 0603342D8Z DEFENSE INNOVATION UNIT 42,925 106,002 57,925 45,000 87,925
(DIU).
........................... AI for small unit maneuver [2,500]
........................... Hybrid space architecture. [5,577]
........................... Joint programs............ [10,000]
........................... National Security [15,000]
Innovation Capital.
........................... National Security [15,000] [15,000]
Innovation Capital
program increase.
........................... Program increase.......... [25,000] [25,000]
........................... Small craft electric [5,000] [5,000]
propulsion.
048 0603375D8Z TECHNOLOGY INNOVATION..... 109,535 469,535 114,535 200,000 309,535
........................... Accelerating quantum [200,000] [100,000]
applications.
........................... AHI....................... [30,000]
........................... Domestic Supply Chain for [100,000] [100,000]
Microelectronics Critical
Element Production.
........................... Emerging biotechnologies.. [5,000]
........................... Future G Open Edge [30,000]
Computing Challenge.
049 0603384BP CHEMICAL AND BIOLOGICAL 238,407 253,407 238,407 -5,145 233,262
DEFENSE PROGRAM--ADVANCED
DEVELOPMENT.
........................... Biological Defense [15,000] [5,000]
Vaccines and Advanced
Therapeutics.
........................... Poor justification........ [-10,145]
050 0603527D8Z RETRACT LARCH............. 79,493 79,493 79,493 79,493
051 0603618D8Z JOINT ELECTRONIC ADVANCED 19,218 19,218 19,218 19,218
TECHNOLOGY.
052 0603648D8Z JOINT CAPABILITY 114,100 114,100 194,100 114,100
TECHNOLOGY DEMONSTRATIONS.
........................... LVC testbed application [80,000]
development.
053 0603662D8Z NETWORKED COMMUNICATIONS 3,168 3,168 3,168 3,168
CAPABILITIES.
054 0603680D8Z DEFENSE-WIDE MANUFACTURING 256,142 1,283,142 299,142 487,000 743,142
SCIENCE AND TECHNOLOGY
PROGRAM.
........................... Advanced textiles......... [10,000] [10,000]
........................... Artificial intelligence [3,000] [3,000]
for predictive
maintenance.
........................... BioMADE................... [30,000] [30,000]
........................... Biotechnology [500,000] [300,000]
Manufacturing Institutes.
........................... CPF--Future Nano and Micro- [4,000] [4,000]
Fabrication - Advanced
Materials Engineering
Research Institute.
........................... CPF--Manufacturing of [4,000] [4,000]
Advanced Composites for
Hypersonics - Aided by
Digital Engineering.
........................... CPF--Scalable [4,000] [4,000]
comprehensive workforce
readiness initiatives in
bioindustrial
manufacturing that lead
to regional bioeconomic
transformation and growth.
........................... HPC-enabled advanced [30,000] [25,000]
manufacturing.
........................... Increase production [25,000] [12,000]
capacity for hypersonics.
........................... Internet of things and [5,000] [5,000]
operational technology
asset identification and
management.
........................... Large scale advanced [5,000]
manufacturing.
........................... Munitions technology [50,000]
development.
........................... Munitions technology [200,000]
development (Acquisition
& Sustainment).
........................... Munitions technology [100,000]
development (Research &
Engineering).
........................... New bioproducts........... [10,000] [10,000]
........................... Robotics supply chain [15,000] [15,000]
research.
........................... Silicon carbide matrix [50,000] [50,000]
materials for hypersonics.
........................... Silicon-based lasers...... [10,000]
........................... Tools and methods to [15,000] [15,000]
improve biomanufacturing.
055 0603680S MANUFACTURING TECHNOLOGY 46,166 51,166 46,166 3,000 49,166
PROGRAM.
........................... AI-based market research.. [5,000] [3,000]
056 0603712S GENERIC LOGISTICS R&D 13,663 13,663 13,663 13,663
TECHNOLOGY DEMONSTRATIONS.
057 0603716D8Z STRATEGIC ENVIRONMENTAL 58,411 63,411 58,411 5,000 63,411
RESEARCH PROGRAM.
........................... SERDP- PFAS remediation [5,000] [5,000]
technologies.
058 0603720S MICROELECTRONICS 139,833 139,833 139,833 139,833
TECHNOLOGY DEVELOPMENT
AND SUPPORT.
059 0603727D8Z JOINT WARFIGHTING PROGRAM. 2,411 2,411 2,411 2,411
060 0603739E ADVANCED ELECTRONICS 250,917 260,917 250,917 250,917
TECHNOLOGIES.
........................... Low SWAP INU development.. [10,000]
061 0603760E COMMAND, CONTROL AND 305,050 315,050 315,050 10,000 315,050
COMMUNICATIONS SYSTEMS.
........................... Composable Logistics and [10,000]
Information Omniscience.
........................... DARPA LogX advanced supply [10,000] [10,000]
chain mapping.
062 0603766E NETWORK-CENTRIC WARFARE 678,562 758,562 838,562 175,000 853,562
TECHNOLOGY.
........................... ABII...................... [50,000]
........................... Assault Breaker II........ [120,000] [120,000]
........................... Classified program........ [15,000] [15,000]
........................... DARPA network-centric [20,000] [20,000]
warfare technology.
........................... Non-kinetic/cyber modeling [20,000] [20,000]
and simulation.
........................... Ocean of Things Phase 3... [15,000]
063 0603767E SENSOR TECHNOLOGY......... 314,502 314,502 314,502 314,502
064 0603769D8Z DISTRIBUTED LEARNING 201 201 201 201
ADVANCED TECHNOLOGY
DEVELOPMENT.
065 0603781D8Z SOFTWARE ENGINEERING 13,417 13,417 13,417 13,417
INSTITUTE.
066 0603924D8Z HIGH ENERGY LASER ADVANCED 111,149 166,149 111,149 111,149
TECHNOLOGY PROGRAM.
........................... Program increase.......... [30,000]
........................... Short pulse laser research [25,000]
067 0603941D8Z TEST & EVALUATION SCIENCE 315,090 350,090 315,090 35,000 350,090
& TECHNOLOGY.
........................... Program increase.......... [35,000] [35,000]
068 0603950D8Z NATIONAL SECURITY 22,028 74,028 22,028 20,000 42,028
INNOVATION NETWORK.
........................... High energy laser power [7,000]
beaming.
........................... Mission acceleration [20,000] [20,000]
centers.
........................... Program increase.......... [15,000]
........................... TRISO advanced nuclear [10,000]
fuel.
069 0604055D8Z OPERATIONAL ENERGY 180,170 195,170 190,170 -880 179,290
CAPABILITY IMPROVEMENT.
........................... Excess growth............. [-10,880]
........................... Operational energy [15,000]
capability improvement.
........................... Program increase for [10,000] [10,000]
tristructural-isotropic
fuel.
072 1160402BB SOF ADVANCED TECHNOLOGY 118,877 125,877 118,877 7,000 125,877
DEVELOPMENT.
........................... Next Generation ISR SOF [7,000] [7,000]
Enhancement/ Technical
Support Systems.
........................... SUBTOTAL ADVANCED 4,638,401 6,717,778 4,966,401 1,126,775 5,765,176
TECHNOLOGY DEVELOPMENT.
...........................
........................... ADVANCED COMPONENT
DEVELOPMENT & PROTOTYPES
074 0603161D8Z NUCLEAR AND CONVENTIONAL 41,507 41,507 41,507 41,507
PHYSICAL SECURITY
EQUIPMENT RDT&E ADC&P.
075 0603600D8Z WALKOFF................... 133,795 133,795 133,795 133,795
076 0603851D8Z ENVIRONMENTAL SECURITY 84,638 95,638 89,638 9,000 93,638
TECHNICAL CERTIFICATION
PROGRAM.
........................... ESTCP--3D printed [5,000]
infrastructure.
........................... ESTCP--PFAS Disposal...... [5,000] [5,000]
........................... ESTCP--PFAS free fire [1,000] [1,000]
fighting turnout gear.
........................... Sustainable Technology [5,000] [3,000]
Evaluation and
Demonstration program.
077 0603881C BALLISTIC MISSILE DEFENSE 190,216 190,216 190,216 190,216
TERMINAL DEFENSE SEGMENT.
078 0603882C BALLISTIC MISSILE DEFENSE 667,524 667,524 667,524 667,524
MIDCOURSE DEFENSE SEGMENT.
079 0603884BP CHEMICAL AND BIOLOGICAL 291,364 291,364 291,364 -39,354 252,010
DEFENSE PROGRAM--DEM/VAL.
........................... Poor justification........ [-39,354]
080 0603884C BALLISTIC MISSILE DEFENSE 231,134 242,334 231,134 231,134
SENSORS.
........................... BMDS radars modeling and [4,200]
simulation.
........................... HEMP hardening............ [7,000]
081 0603890C BMD ENABLING PROGRAMS..... 591,847 717,847 642,717 591,847
........................... Digital Engineering to [17,000]
Support NGI Transition.
........................... Elevated fire control [27,000]
sensor.
........................... Kill chain demonstration.. [51,000]
........................... NGI modeling and threat [21,000]
scenarios.
........................... NORTHCOM UFR--Cruise [50,870]
Missile Defense-Homeland
kill chain demonstration
upgrades.
........................... Support Equipment for FTX- [10,000]
26 and NGI Testing.
082 0603891C SPECIAL PROGRAMS--MDA..... 316,977 387,977 316,977 316,977
........................... Classified program [71,000]
increase--UPL.
083 0603892C AEGIS BMD................. 600,072 600,072 600,072 600,072
084 0603896C BALLISTIC MISSILE DEFENSE 589,374 648,624 589,374 589,374
COMMAND AND CONTROL,
BATTLE MANAGEMENT AND
COMMUNICATI.
........................... Classified program [50,000]
increase--UPL.
........................... Network refresh........... [6,500]
........................... SATCOM Link Security-- [2,750]
PAAWNS TRANSEC Module.
085 0603898C BALLISTIC MISSILE DEFENSE 50,269 50,269 50,269 50,269
JOINT WARFIGHTER SUPPORT.
086 0603904C MISSILE DEFENSE 49,367 49,367 49,367 49,367
INTEGRATION & OPERATIONS
CENTER (MDIOC).
087 0603906C REGARDING TRENCH.......... 12,146 12,146 12,146 12,146
088 0603907C SEA BASED X-BAND RADAR 164,668 164,668 164,668 164,668
(SBX).
089 0603913C ISRAELI COOPERATIVE 300,000 300,000 300,000 300,000
PROGRAMS.
090 0603914C BALLISTIC MISSILE DEFENSE 367,824 367,824 367,824 367,824
TEST.
091 0603915C BALLISTIC MISSILE DEFENSE 559,513 729,513 559,513 60,000 619,513
TARGETS.
........................... Advanced Reactive Target [20,000] [20,000]
Simulation Development.
........................... Hypersonic Maneuvering [150,000] [40,000]
Extended Range (HMER)
Target System.
092 0603923D8Z COALITION WARFARE......... 11,154 11,154 11,154 11,154
093 0604011D8Z NEXT GENERATION 249,591 284,591 379,591 80,000 329,591
INFORMATION
COMMUNICATIONS TECHNOLOGY
(5G).
........................... 5G experimentation, [130,000] [80,000]
transition, and ORAN
activities.
........................... Next Generation [35,000]
Information (5G).
094 0604016D8Z DEPARTMENT OF DEFENSE 3,166 3,166 3,166 3,166
CORROSION PROGRAM.
095 0604102C GUAM DEFENSE DEVELOPMENT.. 397,936 397,936 397,936 397,936
096 0604115C TECHNOLOGY MATURATION 35,000 10,000 7,000 7,000
INITIATIVES.
........................... Continue Diode Pumped [25,000]
Alkali Laser Development.
........................... Diode-Pumped Alkali Laser [5,000] [7,000]
(DPAL) development.
........................... Hypersonic targets........ [5,000]
........................... Program increase.......... [10,000]
097 0604124D8Z CHIEF DIGITAL AND 33,950 33,950 33,950 33,950
ARTIFICIAL INTELLIGENCE
OFFICER (CDAO)--MIP.
099 0604181C HYPERSONIC DEFENSE........ 225,477 542,977 517,977 292,500 517,977
........................... Accelerate Glide Phase [292,500]
Interceptor program.
........................... Disruptive Technologies... [25,000]
........................... MDA UFR--Glide phase [292,500] [292,500]
defense weapons systems.
100 0604250D8Z ADVANCED INNOVATIVE 1,145,358 1,274,858 1,309,858 37,264 1,182,622
TECHNOLOGIES.
........................... Cost overestimation-- [-49,236]
mission support expenses.
........................... INDOPACOM UFR--Sea Urchin [30,000] [30,000]
powered quickstrike mines.
........................... INDOPACOM UFR--SIGINT [9,500] [9,500]
upgrades.
........................... Powered Quickstrike Mines [30,000]
(Sea Urchin).
........................... Program increase.......... [80,000] [40,000]
........................... Program increase--pele [7,000]
mobile nuclear
microreactor.
........................... SCO SAP Project A......... [125,000]
........................... Service Tactical SIGINT [9,500]
Upgrades--INDOPACOM UPL.
........................... Short Pulse Laser Directed [10,000]
Energy Demonstration.
101 0604294D8Z TRUSTED & ASSURED 647,226 652,226 647,226 25,000 672,226
MICROELECTRONICS.
........................... Program increase-- [20,000]
radiation-hardened fully-
depleted silicon-on-
insulator
microelectronics.
........................... Trusted & Assured [5,000] [5,000]
Microelectronics.
102 0604331D8Z RAPID PROTOTYPING PROGRAM. 179,189 204,189 229,189 179,189
........................... Counter-C5ISRT activities. [20,000]
........................... Energetics................ [5,000]
........................... International cooperation [30,000]
for hypersonics.
........................... Program increase.......... [20,000]
103 0604341D8Z DEFENSE INNOVATION UNIT 24,402 37,402 24,402 24,402
(DIU) PROTOTYPING.
........................... AI/ML-enabled OSINT for [4,000]
information effects.
........................... Assured defense avionics.. [5,000]
........................... Information environment... [4,000]
104 0604400D8Z DEPARTMENT OF DEFENSE 2,691 2,691 2,691 2,691
(DOD) UNMANNED SYSTEM
COMMON DEVELOPMENT.
105 0604551BR CATAPULT.................. 7,130 27,130 7,130 7,130
........................... Radiation-Hardened Fully- [20,000]
Depleted Silicon-on-
Insulator
Microelectronics.
106 0604555D8Z OPERATIONAL ENERGY 45,779 50,779 45,779 45,779
CAPABILITY IMPROVEMENT--
NON S&T.
........................... Operational Energy [5,000]
Capability Improvement-
Prototyping.
108 0604682D8Z WARGAMING AND SUPPORT FOR 3,229 3,229 3,229 3,229
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY 40,699 40,699 90,699 4,000 44,699
DEVELOPMENT, INTEGRATION
AND INTEROPERABILITY
ASSESSMENTS.
........................... Excess to need............ [-5,000]
........................... JADC2 experimentation..... [50,000] [9,000]
110 0604873C LONG RANGE DISCRIMINATION 75,120 75,120 75,120 75,120
RADAR (LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 1,833,357 1,833,357 1,833,357 1,833,357
INTERCEPTORS.
112 0604876C BALLISTIC MISSILE DEFENSE 69,762 69,762 69,762 69,762
TERMINAL DEFENSE SEGMENT
TEST.
113 0604878C AEGIS BMD TEST............ 182,776 192,776 182,776 -7,157 175,619
........................... Continued participation in [10,000]
ASD-23.
........................... Excess growth............. [-7,157]
114 0604879C BALLISTIC MISSILE DEFENSE 88,326 88,326 88,326 88,326
SENSOR TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)... 27,678 27,678 27,678 27,678
116 0604887C BALLISTIC MISSILE DEFENSE 84,075 84,075 84,075 84,075
MIDCOURSE SEGMENT TEST.
117 0202057C SAFETY PROGRAM MANAGEMENT. 2,417 2,417 2,417 2,417
118 0300206R ENTERPRISE INFORMATION 2,664 2,664 2,664 2,664
TECHNOLOGY SYSTEMS.
120 0305103C CYBER SECURITY INITIATIVE. 1,165 33,165 1,165 1,165
........................... Mobile nuclear [12,000]
microreactors.
........................... Program increase.......... [20,000]
123 1206895C BALLISTIC MISSILE DEFENSE 129,957 305,957 129,957 129,957
SYSTEM SPACE PROGRAMS.
........................... HBTSS Payload Continued [166,000]
Development beyond Phase
Iib.
........................... MDSEA DEVSECOPS........... [10,000]
276 0604795D8Z ACCELERATE PROCUREMENT AND 100,000 100,000 100,000 100,000
FIELDING OF INNOVATIVE
TECHNOLOGIES (APFIT).
........................... OSD requested transfer [100,000]
from erroneous PE.
........................... Realignment of funds...... [100,000] [100,000]
........................... SUBTOTAL ADVANCED 10,756,509 12,107,959 11,609,379 568,253 11,324,762
COMPONENT DEVELOPMENT &
PROTOTYPES.
...........................
........................... SYSTEM DEVELOPMENT &
DEMONSTRATION
124 0604123D8Z CHIEF DIGITAL AND 273,340 368,340 273,340 273,340
ARTIFICIAL INTELLIGENCE
OFFICER (CDAO)--DEM/VAL
ACTIVITIES.
........................... CDAO...................... [50,000]
........................... Software integration...... [45,000]
125 0604161D8Z NUCLEAR AND CONVENTIONAL 6,482 6,482 6,482 6,482
PHYSICAL SECURITY
EQUIPMENT RDT&E SDD.
127 0604384BP CHEMICAL AND BIOLOGICAL 312,148 312,148 312,148 -3,075 309,073
DEFENSE PROGRAM--EMD.
........................... Poor justification........ [-3,075]
128 0604771D8Z JOINT TACTICAL INFORMATION 9,120 9,120 9,120 9,120
DISTRIBUTION SYSTEM
(JTIDS).
129 0605000BR COUNTER WEAPONS OF MASS 14,403 14,403 14,403 14,403
DESTRUCTION SYSTEMS
DEVELOPMENT.
130 0605013BL INFORMATION TECHNOLOGY 1,244 1,244 1,244 1,244
DEVELOPMENT.
131 0605021SE HOMELAND PERSONNEL 6,191 6,191 6,191 6,191
SECURITY INITIATIVE.
132 0605022D8Z DEFENSE EXPORTABILITY 10,145 10,145 10,145 10,145
PROGRAM.
133 0605027D8Z OUSD(C) IT DEVELOPMENT 5,938 5,938 5,938 5,938
INITIATIVES.
136 0605080S DEFENSE AGENCY INITIATIVES 23,171 23,171 23,171 23,171
(DAI)--FINANCIAL SYSTEM.
137 0605141BR MISSION ASSURANCE RISK 14,093 14,093 14,093 14,093
MANAGEMENT SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 6,949 6,949 6,949 6,949
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED 302,963 302,963 302,963 302,963
MICROELECTRONICS.
140 0605772D8Z NUCLEAR COMMAND, CONTROL, 3,758 3,758 3,758 3,758
& COMMUNICATIONS.
141 0305304D8Z DOD ENTERPRISE ENERGY 8,121 8,121 8,121 8,121
INFORMATION MANAGEMENT
(EEIM).
142 0305310D8Z CWMD SYSTEMS: SYSTEM 16,048 16,048 16,048 16,048
DEVELOPMENT AND
DEMONSTRATION.
........................... SUBTOTAL SYSTEM 1,014,114 1,109,114 1,014,114 -3,075 1,011,039
DEVELOPMENT &
DEMONSTRATION.
...........................
........................... MANAGEMENT SUPPORT
143 0603829J JOINT CAPABILITY 12,452 12,452 12,452 12,452
EXPERIMENTATION.
144 0604774D8Z DEFENSE READINESS 8,902 8,902 8,902 8,902
REPORTING SYSTEM (DRRS).
145 0604875D8Z JOINT SYSTEMS ARCHITECTURE 6,610 6,610 6,610 6,610
DEVELOPMENT.
146 0604940D8Z CENTRAL TEST AND 819,358 1,094,358 819,358 275,000 1,094,358
EVALUATION INVESTMENT
DEVELOPMENT (CTEIP).
........................... Program increase.......... [275,000] [275,000]
147 0604942D8Z ASSESSMENTS AND 4,607 4,607 4,607 4,607
EVALUATIONS.
148 0605001E MISSION SUPPORT........... 86,869 86,869 86,869 86,869
149 0605100D8Z JOINT MISSION ENVIRONMENT 126,079 151,079 126,079 25,000 151,079
TEST CAPABILITY (JMETC).
........................... Joint Mission Environment. [25,000] [25,000]
150 0605126J JOINT INTEGRATED AIR AND 53,278 53,278 53,278 53,278
MISSILE DEFENSE
ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING....... 39,009 39,009 29,009 39,009
........................... Program reduction......... [-10,000]
153 0605151D8Z STUDIES AND ANALYSIS 5,716 5,716 5,716 5,716
SUPPORT--OSD.
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL 15,379 15,379 15,379 15,379
SECURITY.
155 0605170D8Z SUPPORT TO NETWORKS AND 9,449 9,449 9,449 9,449
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO 6,112 6,112 6,112 6,112
OUSD(INTELLIGENCE AND
SECURITY).
157 0605384BP CHEMICAL AND BIOLOGICAL 124,475 124,475 124,475 124,475
DEFENSE PROGRAM.
158 0605502BP SMALL BUSINESS INNOVATIVE 5,100 5,100 5,100
RESEARCH--CHEMICAL
BIOLOGICAL DEF.
........................... Operational Rapid Multi- [5,100] [5,100]
Pathogen Diagnostic Tool.
165 0605790D8Z SMALL BUSINESS INNOVATION 3,820 6,820 3,820 3,820
RESEARCH (SBIR)/ SMALL
BUSINESS TECHNOLOGY
TRANSFER.
........................... Small business tech [3,000]
transfer.
166 0605797D8Z MAINTAINING TECHNOLOGY 35,414 35,414 35,414 35,414
ADVANTAGE.
167 0605798D8Z DEFENSE TECHNOLOGY 56,114 56,114 66,114 56,114
ANALYSIS.
........................... Key technology area [10,000]
assessments and
engineering efforts.
168 0605801KA DEFENSE TECHNICAL 63,184 63,184 63,184 63,184
INFORMATION CENTER (DTIC).
169 0605803SE R&D IN SUPPORT OF DOD 23,757 23,757 23,757 23,757
ENLISTMENT, TESTING AND
EVALUATION.
170 0605804D8Z DEVELOPMENT TEST AND 26,652 26,652 26,652 26,652
EVALUATION.
171 0605898E MANAGEMENT HQ--R&D........ 14,636 14,636 14,636 14,636
172 0605998KA MANAGEMENT HQ--DEFENSE 3,518 3,518 3,518 3,518
TECHNICAL INFORMATION
CENTER (DTIC).
173 0606100D8Z BUDGET AND PROGRAM 15,244 15,244 15,244 15,244
ASSESSMENTS.
174 0606114D8Z ANALYSIS WORKING GROUP 4,700 4,700 4,700 4,700
(AWG) SUPPORT.
175 0606135D8Z CHIEF DIGITAL AND 13,132 13,132 13,132 13,132
ARTIFICIAL INTELLIGENCE
OFFICER (CDAO) ACTIVITIES.
176 0606225D8Z ODNA TECHNOLOGY AND 3,323 3,323 3,323 3,323
RESOURCE ANALYSIS.
177 0606300D8Z DEFENSE SCIENCE BOARD..... 2,532 2,532 2,532 2,532
179 0606771D8Z CYBER RESILIENCY AND 32,306 32,306 32,306 32,306
CYBERSECURITY POLICY.
180 0606853BR MANAGEMENT, TECHNICAL & 12,354 22,354 12,354 12,354
INTERNATIONAL SUPPORT.
........................... Joint programs............ [10,000]
181 0203345D8Z DEFENSE OPERATIONS 3,034 3,034 3,034 3,034
SECURITY INITIATIVE
(DOSI).
182 0204571J JOINT STAFF ANALYTICAL 4,332 4,332 4,332 4,332
SUPPORT.
183 0208045K C4I INTEROPERABILITY...... 69,698 69,698 69,698 69,698
189 0305172K COMBINED ADVANCED 16,171 16,171 16,171 16,171
APPLICATIONS.
191 0305208K DISTRIBUTED COMMON GROUND/ 3,072 3,072 3,072 3,072
SURFACE SYSTEMS.
192 0804768J COCOM EXERCISE ENGAGEMENT 37,852 37,852 37,852 37,852
AND TRAINING
TRANSFORMATION (CE2T2)--
NON-MHA.
193 0808709SE DEFENSE EQUAL OPPORTUNITY 716 716 716 716
MANAGEMENT INSTITUTE
(DEOMI).
194 0901598C MANAGEMENT HQ--MDA........ 25,259 25,259 25,259 25,259
195 0903235K JOINT SERVICE PROVIDER 3,141 3,141 3,141 3,141
(JSP).
9999 9999999999 CLASSIFIED PROGRAMS....... 37,841 37,841 37,841 37,841
........................... SUBTOTAL MANAGEMENT 1,830,097 2,148,197 1,830,097 305,100 2,135,197
SUPPORT.
...........................
........................... OPERATIONAL SYSTEMS
DEVELOPMENT
200 0607210D8Z INDUSTRIAL BASE ANALYSIS 588,094 649,903 588,094 22,000 610,094
AND SUSTAINMENT SUPPORT.
........................... Advanced machining........ [20,000]
........................... Carbon/carbon industrial [10,000] [3,000]
base enhancement.
........................... CPF--Critical Non- [2,000] [2,000]
Destructive Inspection
and Training for Key U.S.
National Defense
Interests through College
of the Canyons Advanced
Technology Center.
........................... CPF--Partnerships for [4,000] [4,000]
Manufacturing Training
Innovation.
........................... Integrated circuit [3,000]
substrates.
........................... Precision optics [14,809] [5,000]
manufacturing.
........................... RF microelectronics supply [8,000] [8,000]
chain.
201 0607310D8Z CWMD SYSTEMS: OPERATIONAL 15,427 15,427 15,427 15,427
SYSTEMS DEVELOPMENT.
202 0607327T GLOBAL THEATER SECURITY 8,317 8,317 8,317 8,317
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-
TSCMIS).
203 0607384BP CHEMICAL AND BIOLOGICAL 68,030 68,030 68,030 68,030
DEFENSE (OPERATIONAL
SYSTEMS DEVELOPMENT).
204 0208043J PLANNING AND DECISION AID 16,600
SYSTEM (PDAS).
........................... 2.5/3D heterogeneous...... [16,600]
209 0302019K DEFENSE INFO 19,145 19,145 19,145 19,145
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
210 0303126K LONG-HAUL COMMUNICATIONS-- 13,195 13,195 13,195 13,195
DCS.
211 0303131K MINIMUM ESSENTIAL 5,746 5,746 5,746 5,746
EMERGENCY COMMUNICATIONS
NETWORK (MEECN).
212 0303136G KEY MANAGEMENT 92,018 92,018 92,018 92,018
INFRASTRUCTURE (KMI).
213 0303140D8Z INFORMATION SYSTEMS 43,135 47,135 63,135 20,000 63,135
SECURITY PROGRAM.
........................... ISSP, NWC and NPS......... [4,000]
........................... NSA CAE Cybersecurity [20,000] [20,000]
Workforce pilot program.
214 0303140G INFORMATION SYSTEMS 593,831 593,831 593,831 593,831
SECURITY PROGRAM.
215 0303140K INFORMATION SYSTEMS 7,005 7,005 7,005 7,005
SECURITY PROGRAM.
216 0303150K GLOBAL COMMAND AND CONTROL 10,020 10,020 10,020 10,020
SYSTEM.
217 0303153K DEFENSE SPECTRUM 19,708 19,708 19,708 19,708
ORGANIZATION.
221 0303430V FEDERAL INVESTIGATIVE 5,197 5,197 5,197 5,197
SERVICES INFORMATION
TECHNOLOGY.
226 0305104D8Z DEFENSE INDUSTRIAL BASE 10,000 10,000 10,000 10,000
(DIB) CYBER SECURITY
INITIATIVE.
229 0305128V SECURITY AND INVESTIGATIVE 450 450 450 450
ACTIVITIES.
230 0305133V INDUSTRIAL SECURITY 1,800 1,800 1,800 1,800
ACTIVITIES.
233 0305146V DEFENSE JOINT 4,622 4,622 4,622 4,622
COUNTERINTELLIGENCE
ACTIVITIES.
234 0305172D8Z COMBINED ADVANCED 49,380 49,380 49,380 49,380
APPLICATIONS.
237 0305186D8Z POLICY R&D PROGRAMS....... 6,214 6,214 6,214 6,214
238 0305199D8Z NET CENTRICITY............ 17,917 17,917 17,917 17,917
240 0305208BB DISTRIBUTED COMMON GROUND/ 6,095 6,095 6,095 6,095
SURFACE SYSTEMS.
246 0305245D8Z INTELLIGENCE CAPABILITIES 4,575 4,575 4,575 4,575
AND INNOVATION
INVESTMENTS.
247 0305251K CYBERSPACE OPERATIONS 2,497 2,497 2,497 2,497
FORCES AND FORCE SUPPORT.
248 0305327V INSIDER THREAT............ 9,403 9,403 9,403 9,403
249 0305387D8Z HOMELAND DEFENSE 1,864 1,864 1,864 1,864
TECHNOLOGY TRANSFER
PROGRAM.
257 0708012K LOGISTICS SUPPORT 1,620 1,620 1,620 1,620
ACTIVITIES.
258 0708012S PACIFIC DISASTER CENTERS.. 1,875 1,875 1,875 1,875
259 0708047S DEFENSE PROPERTY 3,264 3,264 3,264 3,264
ACCOUNTABILITY SYSTEM.
261 1105219BB MQ-9 UAV.................. 14,000 29,870 19,900 15,840 29,840
........................... MQ-9 Mallett reprogramming [5,870] [5,840]
........................... MQ-9 Unmanned Aerial [5,900]
Vehicle realignment of
funds.
........................... Speed Loader Agile POD.... [10,000] [10,000]
263 1160403BB AVIATION SYSTEMS.......... 179,499 179,499 179,499 179,499
264 1160405BB INTELLIGENCE SYSTEMS 75,136 85,136 75,136 75,136
DEVELOPMENT.
........................... Intelligence systems [10,000]
development.
265 1160408BB OPERATIONAL ENHANCEMENTS.. 142,900 168,810 151,510 25,910 168,810
........................... Artificial intelligence [15,000] [15,000]
for Small Unit Maneuver
(AISUM).
........................... CPF--Intercept, Collect, [2,300] [2,300]
Analyze, and Disrupt
(ICAD) Application.
........................... Precision Strike Munition [8,610]
Shipboard Safety &
Certification Testing.
........................... SOCOM UFR--Switchblade [8,610] [8,610]
shipboard safety cert.
266 1160431BB WARRIOR SYSTEMS........... 129,133 155,860 141,463 17,727 146,860
........................... Counter Unmanned Systems [5,400] [5,400]
(CUxS) Procurement
Acceleration.
........................... Ground Organic Precision [9,930]
Strike Systems (GOPSS)
Loitering Munitions.
........................... Identity and Signature [9,000]
Management Modernization.
........................... Maritime scalable effects. [2,400]
........................... Maritime Scalable Effects [2,397] [2,397]
(MSE) Electronic Warfare
System Acceleration.
........................... SOCOM UFR--Ground organic [9,930] [9,930]
precision strike systems.
267 1160432BB SPECIAL PROGRAMS.......... 518 518 518 518
268 1160434BB UNMANNED ISR.............. 3,354 3,354 3,354 3,354
269 1160480BB SOF TACTICAL VEHICLES..... 13,594 13,594 13,594 13,594
270 1160483BB MARITIME SYSTEMS.......... 82,645 112,645 118,045 30,000 112,645
........................... Dry Combat Submersible [30,000] [30,000]
(DCS) Next Acceleration.
........................... Dry combat submersible [30,000]
next.
........................... Maritime Precision [5,400]
Engagment realignment of
funds.
272 1160490BB OPERATIONAL ENHANCEMENTS 7,583 8,528 7,583 7,583
INTELLIGENCE.
........................... Low Visibility Vanishing [945]
Technology (LVVT).
273 1203610K TELEPORT PROGRAM.......... 1,270 1,270 1,270 1,270
9999 9999999999 CLASSIFIED PROGRAMS....... 7,854,604 7,878,304 7,866,104 7,854,604
........................... Indications and warning-- [10,000]
DIA.
........................... INDOPACOM UFR--JWICS [1,500]
modernization.
........................... JWICS modernization....... [1,500]
........................... MARS Advanced Capabilities [22,200]
........................... SUBTOTAL OPERATIONAL 10,114,680 10,330,241 10,208,420 131,477 10,246,157
SYSTEMS DEVELOPMENT.
...........................
........................... SOFTWARE AND DIGITAL
TECHNOLOGY PILOT PROGRAMS
274 0608197V NATIONAL BACKGROUND 132,524 132,524 132,524 132,524
INVESTIGATION SERVICES--
SOFTWARE PILOT PROGRAM.
275 0608648D8Z ACQUISITION VISIBILITY-- 17,123 17,123 17,123 17,123
SOFTWARE PILOT PROGRAM.
276 0608775D8Z ACCELERATE THE PROCUREMENT 100,000 -100,000
AND FIELDING OF
INNOVATIVE TECHNOLOGIES
(APFIT).
........................... OSD requested transfer to [-100,000]
new PE.
........................... Realignment of funds...... [-100,000] [-100,000]
277 0303150K GLOBAL COMMAND AND CONTROL 34,987 34,987 34,987 34,987
SYSTEM.
282 0308609V NATIONAL INDUSTRIAL 14,749 14,749 14,749 14,749
SECURITY SYSTEMS (NISS)--
SOFTWARE PILOT PROGRAM.
9999 9999999999 CLASSIFIED PROGRAMS....... 265,028 265,028 265,028 265,028
........................... SUBTOTAL SOFTWARE AND 564,411 464,411 464,411 -100,000 464,411
DIGITAL TECHNOLOGY PILOT
PROGRAMS.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 849,931 849,931 849,931
........................... Inflation effects......... [849,931] [849,931]
........................... SUBTOTAL UNDISTRIBUTED.... 849,931 849,931 849,931
...........................
........................... TOTAL RESEARCH, 32,077,552 4,503,285 2,273,841 3,298,658 35,376,210
DEVELOPMENT, TEST & EVAL,
DW.
...........................
........................... OPERATIONAL TEST & EVAL,
DEFENSE
........................... MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND 119,529 119,529 129,529 119,529
EVALUATION.
........................... DOT&E acquisition and [10,000]
employment of AI/autonomy
technologies for red
teaming.
002 0605131OTE LIVE FIRE TEST AND 99,947 99,947 99,947 99,947
EVALUATION.
003 0605814OTE OPERATIONAL TEST 57,718 57,718 57,718 57,718
ACTIVITIES AND ANALYSES.
........................... SUBTOTAL MANAGEMENT 277,194 277,194 287,194 277,194
SUPPORT.
...........................
........................... UNDISTRIBUTED
999 99999999 UNDISTRIBUTED............. 9,485 9,485 9,485
........................... Inflation effects......... [9,485] [9,485]
........................... SUBTOTAL UNDISTRIBUTED.... 9,485 9,485 9,485
...........................
........................... TOTAL OPERATIONAL TEST & 277,194 277,194 19,485 9,485 286,679
EVAL, DEFENSE.
...........................
........................... MISSION-BASED RAPID
ACQUISITION ACCOUNT
001 ........................... MISSION-BASED RAPID 30,000
ACQUISITION ACCOUNT.
........................... Mission-Based Rapid [30,000]
Acquisition.
........................... SUBTOTAL MISSION-BASED 30,000
RAPID ACQUISITION ACCOUNT.
...........................
........................... TOTAL RDT&E............... 130,097,410 143,181,738 140,022,763 8,765,206 138,862,616
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS...... 4,506,811 4,306,811 4,506,811 -130,000 4,376,811
Program decrease [-200,000] [-130,000]
020 MODULAR SUPPORT 177,136 177,136 177,136 177,136
BRIGADES...........
030 ECHELONS ABOVE 894,629 894,629 894,629 -15,000 879,629
BRIGADE............
Unjustified [-15,000]
growth..........
040 THEATER LEVEL ASSETS 2,570,949 2,450,949 2,575,949 -1,500 2,569,449
Increase for [5,000] [5,000]
Army Caisson
platoon facility
improvements....
Program decrease [-120,000] [-6,500]
050 LAND FORCES 1,184,230 1,144,230 1,184,230 -40,000 1,144,230
OPERATIONS SUPPORT.
Program decrease [-40,000] [-40,000]
060 AVIATION ASSETS..... 2,220,817 2,120,817 2,220,817 -35,000 2,185,817
Program decrease [-100,000] [-35,000]
070 FORCE READINESS 7,366,299 7,616,738 7,510,498 27,399 7,393,698
OPERATIONS SUPPORT.
Advanced Bomb [12,940]
Suit II.........
Arctic OCIE for [65,050]
Alaska bases,
Fort Drum and
Fort Carson.....
Army UFR--Arctic [65,050] [32,500]
OCIE for Alaska
bases, Fort
Drum, Fort
Carson..........
Army UFR--female/ [66,750] [32,500]
small stature
body armor......
Army UFR-- [8,999] [8,999]
initial issue of
Extended Cold
Weather Clothing
System Layer 1
and 2...........
Extended Cold [8,999]
Weather Clothing
System (ECWCS)
Layer . . . for
Initial Entry
Training
Soldiers........
Female/Small [66,750]
Stature Body
Armor...........
INDOPACOM UFR-- [3,400]
SIGINT upgrades.
Operation [100,000]
Pathways (OP)...
Program decrease [-60,000] [-50,000]
Service Tactical [3,400] [3,400]
SIGINT Upgrades--
INDOPACOM UPL...
Theater [53,300]
Intelligence
(ISR-PED).......
080 LAND FORCES SYSTEMS 483,683 483,683 483,683 483,683
READINESS..........
090 LAND FORCES DEPOT 1,399,173 1,399,173 1,399,173 1,399,173
MAINTENANCE........
100 MEDICAL READINESS... 897,522 897,522 897,522 897,522
110 BASE OPERATIONS 9,330,325 9,296,325 9,330,325 -44,000 9,286,325
SUPPORT............
Army Community [20,000]
Services........
Base Operating [6,000] [6,000]
Support for AFFF
Replacement,
mobile assets
and Disposal....
Program decrease [-60,000] [-50,000]
120 FACILITIES 4,666,658 5,192,598 5,223,498 553,940 5,220,598
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM--AFFF [65,000]
Replacement
Facilities......
Increase for [17,900] [15,000]
Army Caisson
platoon facility
improvements....
Increase for [538,940] [538,940]
FSRM to 100%....
OIB Projects.... [100,000]
Program increase [360,940]
130 MANAGEMENT AND 284,483 254,483 284,483 -9,500 274,983
OPERATIONAL
HEADQUARTERS.......
Program decrease [-30,000] [-9,500]
140 ADDITIONAL 450,348 420,348 450,348 450,348
ACTIVITIES.........
Program decrease [-30,000]
160 RESET............... 383,360 383,360 383,360 383,360
170 US AFRICA COMMAND... 385,685 543,835 433,635 60,000 445,685
AFRICOM [10,000]
combatant
command support.
AFRICOM UFR-- [16,750]
COMSATCOM.......
AFRICOM UFR-- [8,500]
counter-UAS.....
AFRICOM UFR-- [8,100]
force protection
AFRICOM UFR-- [4,600] [50,000]
intelligence,
surveillance,
and
reconnaissance..
Commercial [16,750]
Satellite
Communications
(COMSATCOM).....
Counter UAS-- [8,100]
AFRICOM HQ......
Counter Unmanned [8,500]
Aircraft
Systems--AFRICOM
UPL.............
Force Protection [8,100]
Systems--AFRICOM
HQ..............
High Risk ISR-- [4,600]
Processing,
Exploitation and
Dissemination
(PED)...........
High Risk ISR-- [110,000]
Security
Programs -
Aircraft
Contract........
High Risk ISR-- [2,100]
Security
Programs -
SATCOM Support..
Program [10,000]
increase:
USAFRICOM
exercise site
surveys.........
180 US EUROPEAN COMMAND. 359,602 359,602 359,602 359,602
190 US SOUTHERN COMMAND. 204,336 204,336 208,436 4,100 208,436
SOUTHCOM [4,100] [4,100]
enhanced domain
awareness.......
200 US FORCES KOREA..... 67,756 67,756 67,756 67,756
210 CYBERSPACE 495,066 495,066 495,066 495,066
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
220 CYBERSPACE 673,701 683,701 673,701 673,701
ACTIVITIES--CYBERSE
CURITY.............
Certified remote [10,000]
access to
enterprise
applications....
230 JOINT CYBER MISSION 178,033 178,033 178,033 178,033
FORCES.............
SUBTOTAL 39,180,602 39,571,131 39,938,691 370,439 39,551,041
OPERATING FORCES
MOBILIZATION
240 STRATEGIC MOBILITY.. 434,423 498,423 538,423 18,790 453,213
INDOPACOM [104,000]
Theater
Campaigning.....
INDOPACOM UFR-- [104,000] [18,790]
Theater
campaigning.....
Program decrease [-40,000]
250 ARMY PREPOSITIONED 378,494 392,638 378,494 378,494
STOCKS.............
APS 3/4......... [14,144]
260 INDUSTRIAL 4,001 4,001 4,001 4,001
PREPAREDNESS.......
SUBTOTAL 816,918 895,062 920,918 18,790 835,708
MOBILIZATION....
TRAINING AND
RECRUITING
270 OFFICER ACQUISITION. 173,439 173,439 173,439 173,439
280 RECRUIT TRAINING.... 78,826 78,826 78,826 78,826
290 ONE STATION UNIT 128,117 128,117 128,117 128,117
TRAINING...........
300 SENIOR RESERVE 554,992 554,992 554,992 554,992
OFFICERS TRAINING
CORPS..............
310 SPECIALIZED SKILL 1,115,045 1,115,045 1,115,045 1,115,045
TRAINING...........
320 FLIGHT TRAINING..... 1,396,392 1,396,392 1,396,392 1,396,392
330 PROFESSIONAL 221,960 221,960 221,960 221,960
DEVELOPMENT
EDUCATION..........
340 TRAINING SUPPORT.... 717,318 701,318 717,318 -16,000 701,318
Program decrease [-16,000] [-16,000]
350 RECRUITING AND 691,053 691,053 691,053 691,053
ADVERTISING........
360 EXAMINING........... 192,832 192,832 192,832 192,832
370 OFF-DUTY AND 235,340 235,340 235,340 235,340
VOLUNTARY EDUCATION
380 CIVILIAN EDUCATION 251,378 251,378 251,378 251,378
AND TRAINING.......
390 JUNIOR RESERVE 196,088 196,088 196,088 196,088
OFFICER TRAINING
CORPS..............
SUBTOTAL 5,952,780 5,936,780 5,952,780 -16,000 5,936,780
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
410 SERVICEWIDE 662,083 622,083 662,083 -7,000 655,083
TRANSPORTATION.....
Program decrease [-40,000] [-7,000]
420 CENTRAL SUPPLY 822,018 812,018 822,018 822,018
ACTIVITIES.........
Program decrease [-10,000]
430 LOGISTIC SUPPORT 806,861 776,861 806,861 -12,000 794,861
ACTIVITIES.........
Program decrease [-30,000] [-12,000]
440 AMMUNITION 483,187 483,187 483,187 483,187
MANAGEMENT.........
450 ADMINISTRATION...... 486,154 426,154 486,154 486,154
Program decrease [-60,000]
460 SERVICEWIDE 1,871,173 1,831,173 1,871,173 -15,000 1,856,173
COMMUNICATIONS.....
Army Enterprise [20,000]
Service
Management
Program.........
Program decrease [-60,000] [-15,000]
470 MANPOWER MANAGEMENT. 344,668 344,668 344,668 344,668
480 OTHER PERSONNEL 811,999 768,999 811,999 811,999
SUPPORT............
Program decrease [-43,000]
490 OTHER SERVICE 2,267,280 2,252,280 2,267,280 -22,000 2,245,280
SUPPORT............
Advanced [35,000]
planning for
infrastructure
to support
presence on
NATO's Eastern
Flank...........
Program decrease [-50,000] [-22,000]
500 ARMY CLAIMS 191,912 191,912 191,912 191,912
ACTIVITIES.........
510 REAL ESTATE 288,942 288,942 288,942 288,942
MANAGEMENT.........
520 FINANCIAL MANAGEMENT 410,983 410,983 410,983 410,983
AND AUDIT READINESS
530 DEF ACQUISITION 38,714 38,714 38,714 38,714
WORKFORCE
DEVELOPMENT ACCOUNT
540 INTERNATIONAL 532,377 532,377 532,377 532,377
MILITARY
HEADQUARTERS.......
550 MISC. SUPPORT OF 35,709 35,709 35,709 35,709
OTHER NATIONS......
590A CLASSIFIED PROGRAMS. 2,113,196 2,138,296 2,358,096 2,113,196
AFRICOM UFR-- [214,800]
intelligence,
surveillance,
and
reconnaissance..
High Altitude [10,200]
Balloon.........
Hyperspectral [14,900]
Imagery (HSI)
Sensor..........
Program decrease [-32,000]
Program increase [32,000]
SOUTHCOM UFR-- [10,200]
high altitude
balloon.........
SOUTHCOM UFR-- [19,900]
intelligence,
surveillance,
and
reconnaissance..
SUBTOTAL 12,167,256 11,954,356 12,412,156 -56,000 12,111,256
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
600 UNDISTRIBUTED....... 790,692
Foreign currency [-208,000] [-208,000]
fluctuations....
Inflation [1,198,692] [1,198,692]
effects.........
Program decrease [-200,000]
unaccounted for.
Unobligated [-24,100]
balances........
SUBTOTAL 790,692
UNDISTRIBUTED...
TOTAL OPERATION 58,117,556 58,357,329 60,191,137 1,107,921 59,225,477
& MAINTENANCE,
ARMY...........
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 14,404 14,404 14,404 14,404
BRIGADES...........
020 ECHELONS ABOVE 662,104 662,104 662,104 662,104
BRIGADE............
030 THEATER LEVEL ASSETS 133,599 133,599 133,599 133,599
040 LAND FORCES 646,693 646,693 646,693 646,693
OPERATIONS SUPPORT.
050 AVIATION ASSETS..... 128,883 128,883 128,883 128,883
060 FORCE READINESS 409,994 409,994 409,994 409,994
OPERATIONS SUPPORT.
070 LAND FORCES SYSTEMS 90,595 90,595 90,595 90,595
READINESS..........
080 LAND FORCES DEPOT 44,453 44,453 44,453 44,453
MAINTENANCE........
090 BASE OPERATIONS 567,170 567,170 567,170 567,170
SUPPORT............
100 FACILITIES 358,772 390,192 405,192 45,000 403,772
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Increase for [46,420]
FSRM to 100%....
Program increase [31,420] [45,000]
110 MANAGEMENT AND 22,112 22,112 22,112 22,112
OPERATIONAL
HEADQUARTERS.......
120 CYBERSPACE 2,929 2,929 2,929 2,929
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
130 CYBERSPACE 7,382 7,382 7,382 7,382
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 3,089,090 3,120,510 3,135,510 45,000 3,134,090
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
140 SERVICEWIDE 18,994 18,994 18,994 18,994
TRANSPORTATION.....
150 ADMINISTRATION...... 20,670 20,670 20,670 20,670
160 SERVICEWIDE 31,652 31,652 31,652 31,652
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 6,852 6,852 6,852 6,852
180 RECRUITING AND 61,246 61,246 61,246 61,246
ADVERTISING........
SUBTOTAL 139,414 139,414 139,414 139,414
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
190 UNDISTRIBUTED....... 33,838
Foreign currency [-10,900] [-10,900]
fluctuations....
Historical [-18,000]
unobligated
balances........
Inflation [62,738] [62,738]
effects.........
Unobligated [-500]
balances........
SUBTOTAL 33,838
UNDISTRIBUTED...
TOTAL OPERATION 3,228,504 3,259,924 3,326,262 78,838 3,307,342
& MAINTENANCE,
ARMY RES.......
OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS...... 964,237 987,237 964,237 11,500 975,737
Northern Strike. [23,000] [11,500]
020 MODULAR SUPPORT 214,191 214,191 214,191 214,191
BRIGADES...........
030 ECHELONS ABOVE 820,752 820,752 820,752 820,752
BRIGADE............
040 THEATER LEVEL ASSETS 97,184 97,184 97,184 97,184
050 LAND FORCES 54,595 54,595 54,595 54,595
OPERATIONS SUPPORT.
060 AVIATION ASSETS..... 1,169,826 1,169,826 1,169,826 -9,000 1,160,826
Unjustified [-9,000]
growth..........
070 FORCE READINESS 722,788 722,788 722,788 722,788
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 46,580 46,580 46,580 46,580
READINESS..........
090 LAND FORCES DEPOT 259,765 259,765 259,765 259,765
MAINTENANCE........
100 BASE OPERATIONS 1,151,215 1,151,215 1,151,215 1,151,215
SUPPORT............
110 FACILITIES 1,053,996 1,141,385 1,184,385 130,389 1,184,385
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Increase for [130,389]
FSRM to 100%....
Program increase [87,389] [130,389]
120 MANAGEMENT AND 1,148,286 1,148,286 1,148,286 1,148,286
OPERATIONAL
HEADQUARTERS.......
130 CYBERSPACE 8,715 8,715 8,715 8,715
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
140 CYBERSPACE 8,307 8,307 8,307 8,307
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 7,720,437 7,830,826 7,850,826 132,889 7,853,326
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
150 SERVICEWIDE 6,961 6,961 6,961 6,961
TRANSPORTATION.....
160 ADMINISTRATION...... 73,641 79,441 73,641 5,800 79,441
State [5,800] [5,800]
Partnership
Program.........
170 SERVICEWIDE 100,389 100,389 100,389 100,389
COMMUNICATIONS.....
180 MANPOWER MANAGEMENT. 9,231 9,231 9,231 9,231
190 OTHER PERSONNEL 243,491 243,491 243,491 243,491
SUPPORT............
200 REAL ESTATE 3,087 3,087 3,087 3,087
MANAGEMENT.........
SUBTOTAL 436,800 442,600 436,800 5,800 442,600
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
210 UNDISTRIBUTED....... 108,898 74,698 74,698
Foreign currency [-29,000] [-29,000]
fluctuations....
Inflation [157,698] [157,698]
effects.........
Unobligated [-19,800] [-54,000]
balances........
SUBTOTAL 108,898 74,698 74,698
UNDISTRIBUTED...
TOTAL OPERATION 8,157,237 8,273,426 8,396,524 213,387 8,370,624
& MAINTENANCE,
ARNG...........
COUNTER ISIS TRAIN
AND EQUIP FUND
(CTEF)
COUNTER ISIS TRAIN
AND EQUIP FUND
(CTEF)
010 IRAQ................ 358,015 358,015 358,015 -35,811 322,204
Unjustified [-35,811]
request.........
020 SYRIA............... 183,677 183,677 183,677 -18,368 165,309
Unjustified [-18,368]
request.........
SUBTOTAL COUNTER 541,692 541,692 541,692 -54,179 487,513
ISIS TRAIN AND
EQUIP FUND
(CTEF)..........
UNDISTRIBUTED
030 UNDISTRIBUTED....... 15,413 15,413 15,413
Inflation [15,413] [15,413]
effects.........
SUBTOTAL 15,413 15,413 15,413
UNDISTRIBUTED...
TOTAL COUNTER 541,692 541,692 557,105 -38,766 502,926
ISIS TRAIN AND
EQUIP FUND
(CTEF).........
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 7,334,452 7,393,452 7,334,452 -74,000 7,260,452
FLIGHT OPERATIONS..
Costs associated [6,000] [6,000]
with restoring 5
LCS.............
PDI training [57,000]
requirements....
Program decrease [-4,000] [-80,000]
020 FLEET AIR TRAINING.. 2,793,739 2,793,739 2,793,739 2,793,739
030 AVIATION TECHNICAL 65,248 65,248 65,248 65,248
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 214,767 214,767 214,767 214,767
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 1,075,365 1,075,365 1,075,365 1,075,365
060 AIRCRAFT DEPOT 1,751,737 1,859,137 1,751,737 107,400 1,859,137
MAINTENANCE........
Aircraft Depot [107,100] [107,100]
Maintenance
Events (Multiple
Type/Model/
Series).........
Costs associated [300] [300]
with restoring 5
LCS.............
070 AIRCRAFT DEPOT 70,319 70,319 70,319 70,319
OPERATIONS SUPPORT.
080 AVIATION LOGISTICS.. 1,679,193 1,604,193 1,679,193 -20,000 1,659,193
Historical [-75,000] [-20,000]
underexecution..
090 MISSION AND OTHER 6,454,952 6,524,952 6,822,752 170,000 6,624,952
SHIP OPERATIONS....
Costs associated [10,400] [10,400]
with restoring 5
LCS.............
LSD-42, LSD-44, [153,000]
LSD-46, LSD-48,
CG-69, T-ESD-1,
T-ESD-2, LCS-11,
-13, -15, -17, -
19 restoral.....
Navy UFR--ship [175,000] [150,000]
maintenance in
support of
INDOPACOM
training and
exercises.......
Navy UFR--USNS [39,800]
Arctic (T-AOE-
8) Gas Turbine
Main Engines
Replacement.....
Restore USS [14,400] [14,400]
Ashland.........
Restore USS [14,400] [14,400]
Germantown......
Restore USS [15,400] [15,400]
Gunston Hall....
Restore USS [15,400] [15,400]
Tortuga.........
Unjustified [-50,000]
growth..........
100 SHIP OPERATIONS 1,183,237 1,183,237 1,183,237 1,183,237
SUPPORT & TRAINING.
110 SHIP DEPOT 10,038,261 10,321,061 10,343,061 344,800 10,383,061
MAINTENANCE........
Costs associated [90,000] [90,000]
with restoring 5
LCS.............
LSD-42, LSD-44, [115,800]
LSD-46, LSD-48,
CG-69, T-ESD-1,
T-ESD-2, LCS-11,
-13, -15, -17, -
19 restoral.....
Navy UFR--ship [189,000] [189,000]
depot
maintenance.....
Public Shipyard [127,000]
Tools, Test
Equipment, and
Machinery.......
Restore USS [12,500] [12,500]
Ashland.........
Restore USS [21,400] [21,400]
Germantown......
Restore USS [12,700] [12,700]
Gunston Hall....
Restore USS [12,600] [12,600]
Tortuga.........
Restore USS [6,600] [6,600]
Vicksburg.......
120 SHIP DEPOT 2,422,095 2,841,595 2,868,495 396,400 2,818,495
OPERATIONS SUPPORT.
LSD-42, LSD-44, [446,400]
LSD-46, LSD-48,
CG-69, T-ESD-1,
T-ESD-2, LCS-11,
-13, -15, -17, -
19 restoral.....
Restore USS [100,000] [100,000]
Ashland.........
Restore USS [100,000] [100,000]
Germantown......
Restore USS [100,000] [100,000]
Gunston Hall....
Restore USS [67,500] [67,500]
Tortuga.........
Restore USS [28,900] [28,900]
Vicksburg.......
Ship Support-- [23,100]
USFFC/CPF
Berthing &
Messing
Shortfall.......
130 COMBAT 1,632,824 1,568,324 1,633,324 500 1,633,324
COMMUNICATIONS AND
ELECTRONIC WARFARE.
Historical [-65,000]
underexecution..
INDOPACOM UFR-- [500] [500]
SIGINT upgrades.
Service Tactical [500]
SIGINT Upgrades--
INDOPACOM UPL...
140 SPACE SYSTEMS AND 339,103 339,103 339,103 339,103
SURVEILLANCE.......
150 WARFARE TACTICS..... 881,999 881,999 881,999 881,999
160 OPERATIONAL 444,150 444,150 444,150 444,150
METEOROLOGY AND
OCEANOGRAPHY.......
170 COMBAT SUPPORT 2,274,710 2,302,810 2,381,310 25,067 2,299,777
FORCES.............
Expeditionary [100]
VLS Reload
System--Navy UPL
Historical [-65,000]
underexecution..
INDOPACOM [100,000]
Theater
Campaigning.....
INDOPACOM UFR-- [100,000] [18,067]
Theater
campaigning.....
INDOPACOM UFR: [22,000]
Stormbreaker....
Marine mammal [6,600]
system
continuation....
Program decrease [-7,000] [-15,000]
180 EQUIPMENT 194,346 194,346 194,346 194,346
MAINTENANCE AND
DEPOT OPERATIONS
SUPPORT............
190 CYBER MISSION FORCES 101,049 101,049 101,049 101,049
200 COMBATANT COMMANDERS 65,893 76,193 76,193 8,000 73,893
CORE OPERATIONS....
Asia Pacific [10,300]
Regional
Initiative......
INDOPACOM UFR-- [10,300] [8,000]
Asia Pacific
Regional
Initiative......
210 COMBATANT COMMANDERS 282,742 417,342 400,554 33,900 316,642
DIRECT MISSION
SUPPORT............
Fusion Center... [3,300]
INDOPACOM [2,700]
Critical
Manpower
Positions.......
INDOPACOM [50,000]
Theater
Campaigning.....
INDOPACOM UFR-- [412]
Critical
manpower
positions.......
INDOPACOM UFR-- [3,300]
Fusion centers..
INDOPACOM UFR-- [5,400]
JEMSO...........
INDOPACOM UFR-- [5,300]
Mission partner
environment.....
INDOPACOM UFR-- [2,400] [2,400]
Pacific Movement
Coordination
Center..........
INDOPACOM UFR-- [19,000] [19,000]
PMTEC...........
INDOPACOM UFR-- [22,000]
Stormbreaker....
INDOPACOM UFR-- [50,000]
Theater
campaigning.....
JADC2 JFHQ...... [10,000]
Joint Electro- [5,400]
Magnetic
Spectrum Office
(JEMSO).........
Mission Partner [5,300]
Environment
(MPE)
Battlefield
Information
Collection &
Exploitation
System-Extended
(BICES-X).......
MSV--Carolyn [12,500] [12,500]
Chouest.........
Pacific Movement [2,400]
Coordination
Center (PMCC)...
Pacific Multi- [19,000]
Domain Training
and
Experimentation
Capability
(PMTEC).........
Program increase [12,000]
STORMBREAKER.... [22,000]
230 CYBERSPACE 477,540 477,540 505,540 477,540
ACTIVITIES.........
Energy [2,000]
Resilience
Readiness
Exercises.......
MOSAICS......... [26,000]
240 FLEET BALLISTIC 1,664,076 1,724,076 1,664,076 1,664,076
MISSILE............
Historical [-15,000]
underexecution..
MQ-9B COCO...... [75,000]
250 WEAPONS MAINTENANCE. 1,495,783 1,443,483 1,518,983 200 1,495,983
Costs associated [7,200] [7,200]
with restoring 5
LCS.............
Historical [-20,000]
underexecution..
Mk68............ [200]
Navy UFR--SM-6 [23,000] [23,000]
expansion of
combat usable
asset inventory.
Program decrease [-62,500] [-30,000]
SM-6 Expansion [23,000]
of Combat Usable
Asset Inventory--
Navy UPL........
260 OTHER WEAPON SYSTEMS 649,371 634,371 649,371 649,371
SUPPORT............
Historical [-15,000]
underexecution..
270 ENTERPRISE 1,647,834 1,647,834 1,647,834 -10,000 1,637,834
INFORMATION........
Unjustified [-10,000]
growth..........
280 SUSTAINMENT, 3,549,311 3,974,311 3,984,311 435,000 3,984,311
RESTORATION AND
MODERNIZATION......
FSRM--AFFF [34,000]
Replacement
Facilities......
FSRM--Red Hill.. [100,000]
Increase for [435,000] [435,000]
FSRM to 100%....
Program increase [291,000]
290 BASE OPERATING 5,503,088 5,501,088 5,503,088 56,600 5,559,688
SUPPORT............
Base Operating [18,000] [16,600]
Support for AFFF
Replacement,
mobile assets
and Disposal....
Historical [-20,000] [-20,000]
underexecution..
NAS Fallon Range [60,000]
Expansion.......
SUBTOTAL 56,287,184 57,675,084 58,127,596 1,473,867 57,761,051
OPERATING FORCES
MOBILIZATION
300 SHIP PREPOSITIONING 467,648 526,248 563,348 58,600 526,248
AND SURGE..........
ESD--restore 2 [58,600] [58,600]
ships...........
Navy UFR-- [95,700]
Maritime
Prepositioning
Force (MPF)
Maintenance
Requirements....
310 READY RESERVE FORCE. 683,932 683,932 683,932 683,932
320 SHIP ACTIVATIONS/ 364,096 356,596 364,096 -14,500 349,596
INACTIVATIONS......
Costs associated [7,500] [-7,500]
with restoring 5
LCS.............
Historical [-15,000] [-7,000]
underexecution..
330 EXPEDITIONARY HEALTH 133,780 133,780 133,780 133,780
SERVICES SYSTEMS...
340 COAST GUARD SUPPORT. 21,196 21,196 21,196 21,196
SUBTOTAL 1,670,652 1,721,752 1,766,352 44,100 1,714,752
MOBILIZATION....
TRAINING AND
RECRUITING
350 OFFICER ACQUISITION. 190,578 190,578 190,578 190,578
360 RECRUIT TRAINING.... 14,679 14,679 14,679 14,679
370 RESERVE OFFICERS 170,845 170,845 170,845 170,845
TRAINING CORPS.....
380 SPECIALIZED SKILL 1,133,889 1,118,889 1,133,889 -6,500 1,127,389
TRAINING...........
Historical [-15,000] [-6,500]
underexecution..
390 PROFESSIONAL 334,844 339,144 334,844 4,300 339,144
DEVELOPMENT
EDUCATION..........
Navy O&M [4,300] [4,300]
Training and
Recruiting (Sea
Cadets).........
400 TRAINING SUPPORT.... 356,670 356,670 356,670 356,670
410 RECRUITING AND 204,498 204,498 229,798 25,300 229,798
ADVERTISING........
Navy UFR-- [25,300] [25,300]
Recruiting
Command
marketing and
advertising.....
420 OFF-DUTY AND 89,971 89,971 89,971 89,971
VOLUNTARY EDUCATION
430 CIVILIAN EDUCATION 69,798 69,798 69,798 69,798
AND TRAINING.......
440 JUNIOR ROTC......... 55,194 55,194 55,194 55,194
SUBTOTAL 2,620,966 2,610,266 2,646,266 23,100 2,644,066
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
450 ADMINISTRATION...... 1,349,966 1,279,966 1,349,966 -75,000 1,274,966
Historical [-60,000]
underexecution..
Program decrease [-10,000] [-75,000]
460 CIVILIAN MANPOWER 227,772 227,772 227,772 227,772
AND PERSONNEL
MANAGEMENT.........
470 MILITARY MANPOWER 667,627 637,627 667,627 -30,000 637,627
AND PERSONNEL
MANAGEMENT.........
Program decrease [-30,000] [-30,000]
480 MEDICAL ACTIVITIES.. 284,962 284,962 284,962 284,962
490 DEF ACQUISITION 62,824 62,824 62,824 62,824
WORKFORCE
DEVELOPMENT ACCOUNT
500 SERVICEWIDE 207,501 207,501 207,501 207,501
TRANSPORTATION.....
520 PLANNING, 554,265 639,265 554,565 -15,000 539,265
ENGINEERING, AND
PROGRAM SUPPORT....
Historical [-15,000] [-15,000]
underexecution..
INDOPACOM UFR-- [300]
planning and
design..........
Red Hill Fuel [100,000]
Distribution
Advanced
Planning,
Engineering,
Program Support.
530 ACQUISITION, 798,473 783,473 798,473 798,473
LOGISTICS, AND
OVERSIGHT..........
Historical [-15,000]
underexecution..
540 INVESTIGATIVE AND 791,059 791,059 791,059 791,059
SECURITY SERVICES..
720A CLASSIFIED PROGRAMS. 628,700 629,900 628,700 628,700
Navy SCI [1,200]
Communications
Modernization
(Maritime
Surveillance
Project)........
SUBTOTAL 5,573,149 5,544,349 5,573,449 -120,000 5,453,149
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
730 UNDISTRIBUTED....... 1,096,824 1,048,224 1,048,224
Foreign currency [-263,300] [-263,300]
fluctuations....
Inflation [1,431,524] [1,431,524]
effects.........
Unobligated [-71,400] [-120,000]
balances........
SUBTOTAL 1,096,824 1,048,224 1,048,224
UNDISTRIBUTED...
TOTAL OPERATION 66,151,951 67,551,451 69,210,487 2,469,291 68,621,242
& MAINTENANCE,
NAVY...........
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 1,740,491 1,801,991 1,818,491 -10,907 1,729,584
INDOPACOM [78,000]
Theater
Campaigning.....
INDOPACOM UFR-- [78,000] [14,093]
Theater
campaigning.....
Program decrease [-16,500] [-25,000]
020 FIELD LOGISTICS..... 1,699,425 1,699,425 1,699,425 -13,659 1,685,766
Unjustified [-13,659]
growth..........
030 DEPOT MAINTENANCE... 221,886 221,886 221,886 221,886
040 MARITIME 139,518 139,518 139,518 139,518
PREPOSITIONING.....
050 CYBER MISSION FORCES 94,199 94,199 94,199 94,199
060 CYBERSPACE 194,904 194,904 194,904 194,904
ACTIVITIES.........
070 SUSTAINMENT, 1,292,219 1,667,219 1,851,265 162,000 1,454,219
RESTORATION &
MODERNIZATION......
Increase for [559,046]
FSRM to 100%....
Program increase [375,000] [162,000]
080 BASE OPERATING 2,699,487 2,680,487 2,700,487 -19,000 2,680,487
SUPPORT............
Energy [1,000]
Resilience
Readiness
Exercises.......
Historical [-15,000] [-19,000]
underexecution..
Program decrease [-4,000]
SUBTOTAL 8,082,129 8,499,629 8,720,175 118,434 8,200,563
OPERATING FORCES
TRAINING AND
RECRUITING
090 RECRUIT TRAINING.... 23,217 23,217 23,217 23,217
100 OFFICER ACQUISITION. 1,268 1,268 1,268 1,268
110 SPECIALIZED SKILL 118,638 118,638 118,638 118,638
TRAINING...........
120 PROFESSIONAL 64,626 64,626 64,626 64,626
DEVELOPMENT
EDUCATION..........
130 TRAINING SUPPORT.... 523,603 523,603 523,603 -6,000 517,603
Unjustified [-6,000]
growth..........
140 RECRUITING AND 225,759 225,759 225,759 225,759
ADVERTISING........
150 OFF-DUTY AND 51,882 51,882 51,882 51,882
VOLUNTARY EDUCATION
160 JUNIOR ROTC......... 27,660 27,660 27,660 27,660
SUBTOTAL 1,036,653 1,036,653 1,036,653 -6,000 1,030,653
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
170 SERVICEWIDE 78,542 78,542 78,542 78,542
TRANSPORTATION.....
180 ADMINISTRATION...... 401,030 401,030 401,030 401,030
220A CLASSIFIED PROGRAMS. 62,590 62,590 62,590 62,590
SUBTOTAL 542,162 542,162 542,162 542,162
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
230 UNDISTRIBUTED....... 168,819 168,819 168,819
Foreign currency [-33,800] [-33,800]
fluctuations....
Inflation [222,019] [222,019]
effects.........
Unobligated [-19,400] [-19,400]
balances........
SUBTOTAL 168,819 168,819 168,819
UNDISTRIBUTED...
TOTAL OPERATION 9,660,944 10,078,444 10,467,809 281,253 9,942,197
& MAINTENANCE,
MARINE CORPS...
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 669,533 671,993 669,533 669,533
FLIGHT OPERATIONS..
Costs associated [2,460]
with restoring
HSC-85 aircraft
squadron........
020 INTERMEDIATE 11,134 11,134 11,134 11,134
MAINTENANCE........
030 AIRCRAFT DEPOT 164,892 164,892 164,892 164,892
MAINTENANCE........
040 AIRCRAFT DEPOT 494 494 494 494
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS.. 25,843 25,843 25,843 25,843
060 COMBAT 20,135 20,135 20,135 20,135
COMMUNICATIONS.....
070 COMBAT SUPPORT 131,104 131,104 131,104 131,104
FORCES.............
080 CYBERSPACE 289 289 289 289
ACTIVITIES.........
090 ENTERPRISE 27,189 27,189 27,189 27,189
INFORMATION........
100 SUSTAINMENT, 44,784 73,784 69,784 6,000 50,784
RESTORATION AND
MODERNIZATION......
Increase for [25,000]
FSRM to 100%....
Program increase [29,000] [6,000]
110 BASE OPERATING 116,374 116,374 116,374 116,374
SUPPORT............
SUBTOTAL 1,211,771 1,243,231 1,236,771 6,000 1,217,771
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
120 ADMINISTRATION...... 1,986 1,986 1,986 1,986
130 MILITARY MANPOWER 12,550 12,550 12,550 12,550
AND PERSONNEL
MANAGEMENT.........
140 ACQUISITION AND 1,993 1,993 1,993 1,993
PROGRAM MANAGEMENT.
SUBTOTAL 16,529 16,529 16,529 16,529
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
160 UNDISTRIBUTED....... 22,392 21,792 21,792
Foreign currency [-3,900] [-3,900]
fluctuations....
Inflation [29,192] [29,192]
effects.........
Unobligated [-2,900] [-3,500]
balances........
SUBTOTAL 22,392 21,792 21,792
UNDISTRIBUTED...
TOTAL OPERATION 1,228,300 1,259,760 1,275,692 27,792 1,256,092
& MAINTENANCE,
NAVY RES.......
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 109,045 109,045 109,045 109,045
020 DEPOT MAINTENANCE... 19,361 19,361 19,361 19,361
030 SUSTAINMENT, 45,430 48,811 49,811 4,381 49,811
RESTORATION AND
MODERNIZATION......
Increase for [4,381]
FSRM to 100%....
Program increase [3,381] [4,381]
040 BASE OPERATING 118,364 118,364 118,364 118,364
SUPPORT............
SUBTOTAL 292,200 295,581 296,581 4,381 296,581
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
050 ADMINISTRATION...... 12,033 12,033 12,033 12,033
SUBTOTAL 12,033 12,033 12,033 12,033
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
060 UNDISTRIBUTED....... 1,595 1,595 1,595
Foreign currency [-3,900] [-3,900]
fluctuations....
Inflation [7,995] [7,995]
effects.........
Unobligated [-2,500] [-2,500]
balances........
SUBTOTAL 1,595 1,595 1,595
UNDISTRIBUTED...
TOTAL OPERATION 304,233 307,614 310,209 5,976 310,209
& MAINTENANCE,
MC RESERVE.....
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 936,731 846,731 996,731 39,000 975,731
FORCES.............
Historical [-150,000] [-21,000]
underexecution..
Realignment of [60,000] [60,000]
funds...........
Technical [60,000]
realignment.....
020 COMBAT ENHANCEMENT 2,657,865 2,587,865 2,597,865 -160,000 2,497,865
FORCES.............
Program decrease [-10,000] [-100,000]
Realignment of [-60,000] [-60,000]
funds...........
Technical [-60,000]
realignment.....
030 AIR OPERATIONS 1,467,518 1,477,518 1,467,518 10,000 1,477,518
TRAINING (OJT,
MAINTAIN SKILLS)...
Contract [10,000] [10,000]
Adversary Air...
040 DEPOT PURCHASE 4,341,794 4,700,594 4,612,994 265,000 4,606,794
EQUIPMENT
MAINTENANCE........
Air Force UFR-- [271,200]
Weapon system
sustainment.....
Historical [-20,000] [-35,000]
underexecution..
Increase for [378,800] [300,000]
Weapon System
Sustainment.....
050 FACILITIES 4,091,088 4,479,488 4,641,488 514,000 4,605,088
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
FSRM--AFFF [75,000]
Replacement
Facilities/
assets..........
Historical [-55,000]
underexecution..
Increase for [550,400]
FSRM to 100%....
Program increase [368,400] [514,000]
060 CYBERSPACE 130,754 140,754 213,054 92,300 223,054
SUSTAINMENT........
Air Force UFR-- [82,300] [82,300]
Weapon system
sustainment.....
PACAF cyber [10,000] [10,000]
operations for
base resilient
architecture....
070 CONTRACTOR LOGISTICS 8,782,940 8,712,940 8,931,340 -30,000 8,752,940
SUPPORT AND SYSTEM
SUPPORT............
Air Force UFR-- [148,400]
Weapon system
sustainment.....
Historical [-70,000] [-30,000]
underexecution..
080 FLYING HOUR PROGRAM. 5,871,718 5,782,618 6,260,718 -38,000 5,833,718
Air Force UFR-- [389,000]
readiness spare
packages........
Blk 20 F-22..... [10,900]
Program decrease [-100,000] [-38,000]
090 BASE SUPPORT........ 10,638,741 10,592,741 10,638,741 -40,000 10,598,741
Base Operating [10,000] [10,000]
Support for AFFF
Replacement,
mobile assets,
and Disposal....
Program decrease [-56,000] [-50,000]
100 GLOBAL C3I AND EARLY 1,035,043 1,042,174 1,042,174 -1,369 1,033,674
WARNING............
Program [-8,500]
decrease--early
to need.........
Technical [7,131] [7,131]
realignment.....
Worldwide Joint [7,131]
Strategic
Communications
realignment of
funds...........
110 OTHER COMBAT OPS SPT 1,436,329 1,350,129 1,436,329 -10,000 1,426,329
PROGRAMS...........
Engaging on [3,800]
Western
Hemisphere
Challenges and
Interoperability
with Partner
Nations.........
Historical [-90,000] [-10,000]
underexecution..
120 CYBERSPACE 716,931 736,931 716,931 716,931
ACTIVITIES.........
Command and [20,000]
control of the
information
environment.....
140 LAUNCH FACILITIES... 690 690 690 690
160 US NORTHCOM/NORAD... 197,210 197,210 227,010 197,210
U.S. Northern [29,800]
Command
Information
Dominance
Enabling
Capability......
170 US STRATCOM......... 503,419 503,419 503,419 503,419
180 US CYBERCOM......... 436,807 580,107 595,907 159,100 595,907
CMF Operational [148,300]
Support--CYBERCO
M UPL...........
Cyber [500] [500]
partnership
activities with
Jordan..........
CYBERCOM UFR-- [136,900] [136,900]
Cyber mission
force
operational
support.........
CYBERCOM UFR-- [11,400] [11,400]
Joint cyberspace
warfighting
architecture....
Hunt Forward [15,300] [15,300]
operations......
Realignment of [-5,000] [-5,000]
funds...........
Technical [-5,000]
realignment.....
190 US CENTCOM.......... 331,162 331,162 321,162 331,162
Office of [-10,000]
Security
Cooperation--Ira
q reduction.....
200 US SOCOM............ 27,318 27,318 27,318 27,318
220 CENTCOM CYBERSPACE 1,367 1,367 1,367 1,367
SUSTAINMENT........
230 USSPACECOM.......... 329,543 338,043 403,543 329,543
National Space [8,500]
Defense Center
Interim Facility
SPACECOM UFR-- [28,600]
CSOF fit-out....
SPACECOM UFR-- [8,500]
National Space
Defense Center
interim facility
SPACECOM UFR-- [36,900]
Service
shortfalls in
support of JTF-
SD..............
240 JOINT CYBER MISSION 186,759 191,759 191,759 5,000 191,759
FORCE PROGRAMS.....
Realignment of [5,000] [5,000]
funds...........
Technical [5,000]
realignment.....
240A CLASSIFIED PROGRAMS. 1,705,801 1,705,801 1,705,801 1,705,801
SUBTOTAL 45,827,528 46,327,359 47,533,859 805,031 46,632,559
OPERATING FORCES
MOBILIZATION
250 AIRLIFT OPERATIONS.. 2,780,616 2,885,316 2,885,316 18,917 2,799,533
INDOPACOM [104,700] [104,700] [18,917]
Theater
Campaigning.....
260 MOBILIZATION 721,172 671,172 721,172 -15,000 706,172
PREPAREDNESS.......
Historical [-50,000] [-15,000]
underexecution..
SUBTOTAL 3,501,788 3,556,488 3,606,488 3,917 3,505,705
MOBILIZATION....
TRAINING AND
RECRUITING
270 OFFICER ACQUISITION. 189,721 189,721 189,721 189,721
280 RECRUIT TRAINING.... 26,684 26,684 26,684 26,684
290 RESERVE OFFICERS 135,515 135,515 135,515 135,515
TRAINING CORPS
(ROTC).............
300 SPECIALIZED SKILL 541,511 541,511 541,511 541,511
TRAINING...........
310 FLIGHT TRAINING..... 779,625 866,777 779,625 779,625
Airborne Warning [87,152]
and Control
System (AWACS)
training........
320 PROFESSIONAL 313,556 313,556 313,556 313,556
DEVELOPMENT
EDUCATION..........
330 TRAINING SUPPORT.... 171,087 171,087 171,087 171,087
340 RECRUITING AND 197,956 197,956 197,956 197,956
ADVERTISING........
350 EXAMINING........... 8,282 8,282 8,282 8,282
360 OFF-DUTY AND 254,907 254,907 254,907 254,907
VOLUNTARY EDUCATION
370 CIVILIAN EDUCATION 355,375 355,375 355,375 355,375
AND TRAINING.......
380 JUNIOR ROTC......... 69,964 69,964 69,964 69,964
SUBTOTAL 3,044,183 3,131,335 3,044,183 3,044,183
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
390 LOGISTICS OPERATIONS 1,058,129 1,058,129 1,091,862 1,058,129
Realignment of [33,733]
funds...........
400 TECHNICAL SUPPORT 139,428 139,428 139,428 139,428
ACTIVITIES.........
410 ADMINISTRATION...... 1,283,066 1,195,915 1,249,333 -9,000 1,274,066
Program decrease [-87,152] [-9,000]
Realignment of [-33,733]
funds...........
420 SERVICEWIDE 33,222 33,222 33,222 33,222
COMMUNICATIONS.....
430 OTHER SERVICEWIDE 1,790,985 1,810,985 1,790,985 1,790,985
ACTIVITIES.........
Advanced [20,000]
planning for
infrastructure
to support
presence on
NATO's Eastern
Flank...........
440 CIVIL AIR PATROL.... 30,526 30,526 30,526 30,526
460 DEF ACQUISITION 42,558 42,558 42,558 42,558
WORKFORCE
DEVELOPMENT ACCOUNT
480 INTERNATIONAL 102,065 102,065 102,065 102,065
SUPPORT............
480A CLASSIFIED PROGRAMS. 1,427,764 1,427,764 1,427,764 1,427,764
SUBTOTAL 5,907,743 5,840,592 5,907,743 -9,000 5,898,743
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
490 UNDISTRIBUTED....... 843,829 833,829 833,829
Foreign currency [-208,500] [-208,500]
fluctuations....
Inflation [1,254,129] [1,254,129]
effects.........
Unobligated [-201,800] [-211,800]
balances........
SUBTOTAL 843,829 833,829 833,829
UNDISTRIBUTED...
TOTAL OPERATION 58,281,242 58,855,773 60,936,102 1,633,777 59,915,019
& MAINTENANCE,
AIR FORCE......
OPERATION &
MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY 472,484 472,484 472,484 472,484
WARNING............
020 SPACE LAUNCH 187,832 187,832 187,832 187,832
OPERATIONS.........
030 SPACE OPERATIONS.... 695,228 702,228 695,228 695,228
Digital Mission [7,000]
Operations
Platform for the
Space Force.....
040 EDUCATION & TRAINING 153,135 153,135 153,135 153,135
060 DEPOT MAINTENANCE... 285,863 285,863 306,263 285,863
Space Force UFR-- [20,400]
Weapons systems
sustainment.....
070 FACILITIES 235,253 260,653 317,453 73,800 309,053
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Increase for [38,400]
FSRM to 100%....
NORTHCOM UFR-- [43,800] [43,800]
Cheyenne
Mountain Complex
Program increase [25,400] [30,000]
080 CONTRACTOR LOGISTICS 1,358,565 1,328,565 1,450,365 -7,000 1,351,565
AND SYSTEM SUPPORT.
Program decrease [-30,000] [-7,000]
Space Force UFR-- [91,800]
Weapons systems
sustainment.....
090 SPACE OPERATIONS - 144,937 144,937 150,437 144,937
BOS................
NORTHCOM UFR-- [5,500]
Cheyenne
Mountain Complex
090A CLASSIFIED PROGRAMS. 272,941 272,941 272,941 272,941
SUBTOTAL 3,806,238 3,808,638 4,006,138 66,800 3,873,038
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
100 ADMINISTRATION...... 228,420 194,687 228,420 -33,733 194,687
Technical [-33,733] [-33,733]
realignment.....
110 LOGISTICS OPERATIONS 33,733 33,733 33,733
Technical [33,733] [33,733]
realignment.....
SUBTOTAL 228,420 228,420 228,420 228,420
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
120 UNDISTRIBUTED....... 66,020 82,920 82,920
Foreign currency [-14,100] [-14,100]
fluctuations....
Inflation [112,020] [112,020]
effects.........
Unobligated [-31,900] [-15,000]
balances........
SUBTOTAL 66,020 82,920 82,920
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
TOTAL OPERATION 4,034,658 4,037,058 4,300,578 149,720 4,184,378
& MAINTENANCE,
SPACE FORCE....
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 1,743,908 1,743,908 1,759,608 -11,000 1,732,908
FORCES.............
Air Force UFR-- [15,700]
readiness spare
packages........
Unjustified [-11,000]
growth..........
020 MISSION SUPPORT 193,568 193,568 193,568 193,568
OPERATIONS.........
030 DEPOT PURCHASE 493,664 493,664 507,764 14,100 507,764
EQUIPMENT
MAINTENANCE........
Air Force UFR-- [14,100] [14,100]
Weapon system
sustainment.....
040 FACILITIES 133,782 145,282 151,282 17,000 150,782
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Increase for [17,500]
FSRM to 100%....
Program increase [11,500] [17,000]
050 CONTRACTOR LOGISTICS 341,724 341,724 341,724 341,724
SUPPORT AND SYSTEM
SUPPORT............
060 BASE SUPPORT........ 522,195 522,195 522,195 522,195
070 CYBERSPACE 1,706 1,706 1,706 1,706
ACTIVITIES.........
SUBTOTAL 3,430,547 3,442,047 3,477,847 20,100 3,450,647
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
080 ADMINISTRATION...... 102,038 102,038 102,038 102,038
090 RECRUITING AND 9,057 9,057 9,057 9,057
ADVERTISING........
100 MILITARY MANPOWER 14,896 14,896 14,896 14,896
AND PERS MGMT
(ARPC).............
110 OTHER PERS SUPPORT 7,544 7,544 7,544 7,544
(DISABILITY COMP)..
120 AUDIOVISUAL......... 462 462 462 462
SUBTOTAL 133,997 133,997 133,997 133,997
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
130 UNDISTRIBUTED....... 25,565 27,565 27,565
Foreign currency [-12,500] [-12,500]
fluctuations....
Inflation [65,065] [65,065]
effects.........
Unobligated [-27,000] [-25,000]
balances........
SUBTOTAL 25,565 27,565 27,565
UNDISTRIBUTED...
TOTAL OPERATION 3,564,544 3,576,044 3,637,409 47,665 3,612,209
& MAINTENANCE,
AF RESERVE.....
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 2,301,784 2,301,784 2,412,584 2,301,784
Air Force UFR-- [110,800]
readiness spare
packages........
020 MISSION SUPPORT 587,793 587,793 587,793 587,793
OPERATIONS.........
030 DEPOT PURCHASE 1,193,699 1,193,699 1,256,499 60,000 1,253,699
EQUIPMENT
MAINTENANCE........
Air Force UFR-- [62,800] [60,000]
Weapon system
sustainment.....
040 FACILITIES 437,042 474,142 493,142 55,000 492,042
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Increase for [56,100] [55,000]
FSRM to 100%....
Program increase [37,100]
050 CONTRACTOR LOGISTICS 1,284,264 1,284,264 1,284,264 -15,000 1,269,264
SUPPORT AND SYSTEM
SUPPORT............
Unjustified [-15,000]
growth..........
060 BASE SUPPORT........ 967,169 967,169 967,169 967,169
070 CYBERSPACE 12,661 80,161 12,661 12,661
SUSTAINMENT........
Information [67,500]
Technology and
JWICS capacity..
080 CYBERSPACE 15,886 15,886 15,886 15,886
ACTIVITIES.........
SUBTOTAL 6,800,298 6,904,898 7,029,998 100,000 6,900,298
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
090 ADMINISTRATION...... 52,075 54,375 52,075 2,300 54,375
State [2,300] [2,300]
Partnership
Program.........
100 RECRUITING AND 48,306 48,306 48,306 48,306
ADVERTISING........
SUBTOTAL 100,381 102,681 100,381 2,300 102,681
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
110 UNDISTRIBUTED....... 107,863 115,263 115,263
Foreign currency [-24,300] [-24,300]
fluctuations....
Inflation [149,563] [149,563]
effects.........
Unobligated [-17,400] [-10,000]
balances........
SUBTOTAL 107,863 115,263 115,263
UNDISTRIBUTED...
TOTAL OPERATION 6,900,679 7,007,579 7,238,242 217,563 7,118,242
& MAINTENANCE,
ANG............
OPERATION AND
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 445,366 325,366 445,566 -8,000 437,366
STAFF..............
Civilian Harm [10,000]
Mitigation and
Response Action
Plan
Implementation..
Program decrease [-120,000]
Unjustified [-8,000]
growth..........
Unobligated [-9,800]
balances........
020 JOINT CHIEFS OF 9,887 9,887 9,887 9,887
STAFF--CYBER.......
030 JOINT CHIEFS OF 679,336 479,336 679,336 -18,000 661,336
STAFF--JTEEP.......
Program decrease [-200,000] [-18,000]
040 OFFICE OF THE 246,259 273,759 273,759 27,500 273,759
SECRETARY OF
DEFENSE--MISO......
INDOPACOM UFR-- [27,500] [27,500]
Information
operations......
United States [27,500]
Indo-Pacific
Command-MISO....
050 SPECIAL OPERATIONS 2,056,291 2,056,606 2,056,291 2,056,291
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES.........
Low Visibility [315]
Vanishing
Technology
(LVVT)..........
060 SPECIAL OPERATIONS 39,178 39,178 39,178 39,178
COMMAND CYBERSPACE
ACTIVITIES.........
070 SPECIAL OPERATIONS 1,513,025 1,534,325 1,513,025 10,400 1,523,425
COMMAND
INTELLIGENCE.......
Counter Unmanned [10,400] [10,400]
Systems (CUxS)
Procurement
Acceleration....
Identity and [10,900]
Signature
Management
Modernization...
Restore PB (U- [3,000]
28).............
U-28A........... [-3,000]
080 SPECIAL OPERATIONS 1,207,842 1,236,225 1,232,242 39,651 1,247,493
COMMAND MAINTENANCE
Advanced Engine [3,000] [3,000]
Performance and
Restoration
Program
(Nucleated Foam)
C-130J Power by [21,620] [21,620]
the Hour (PBTH)
CLS.............
Combatant Craft [4,250] [4,250]
Medium (CCM)
Loss
Refurbishment...
Combatant Craft [4,300]
Medium
refurbishment...
Counter Unmanned [5,353] [5,353]
Systems (CUxS)
Procurement
Acceleration....
Maintenance..... [-5,000] [-5,000]
MQ-9 Mallett [-5,840] [-5,840]
reprogramming...
MQ-9 Unmanned [-5,900]
Aerial Vehicle
realignment of
funds...........
Program increase [5,000] [5,000]
Program [11,268]
increase--multis
pectral personal
signature
management......
SOCOM UFR-- [8,000]
ADVANA expansion
SOCOM UFR--Data [18,000]
stewardship
program.........
090 SPECIAL OPERATIONS 196,271 196,271 196,271 196,271
COMMAND MANAGEMENT/
OPERATIONAL
HEADQUARTERS.......
100 SPECIAL OPERATIONS 1,299,309 1,340,409 1,299,309 29,600 1,328,909
COMMAND OPERATIONAL
SUPPORT............
Advana [8,000] [8,000]
Authoritative
Data Management
and Analytics...
ARSOF [11,500]
Information
Advantage
Acceleration....
Enterprise Data [18,000] [18,000]
Stewardship
Program.........
Identity and [3,600] [3,600]
Signature
Management
Modernization...
Operational [-7,000]
Support.........
Program increase [7,000]
110 SPECIAL OPERATIONS 3,314,770 3,348,481 3,319,770 36,991 3,351,761
COMMAND THEATER
FORCES.............
Combat Aviation [18,000] [18,000]
Advisor mission
support.........
INDOPACOM UFR: [9,034]
Theater
Campaigning.....
Non-Traditional [10,000]
ISR.............
Special [5,000] [4,246]
Operations
support to
irregular
warfare.........
Tactical Mission [5,711] [5,711]
Network Digital
Force Protection
SUBTOTAL 11,007,534 10,839,843 11,064,634 118,142 11,125,676
OPERATING FORCES
TRAINING AND
RECRUITING
120 DEFENSE ACQUISITION 176,454 176,454 176,454 176,454
UNIVERSITY.........
130 JOINT CHIEFS OF 101,492 101,492 101,492 101,492
STAFF..............
140 SPECIAL OPERATIONS 35,279 35,279 35,279 35,279
COMMAND/
PROFESSIONAL
DEVELOPMENT
EDUCATION..........
SUBTOTAL 313,225 313,225 313,225 313,225
TRAINING AND
RECRUITING......
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
150 CIVIL MILITARY 139,656 273,156 154,656 133,500 273,156
PROGRAMS...........
National Guard [83,500] [83,500]
Youth Challenge.
STARBASE........ [50,000] [15,000] [50,000]
170 DEFENSE CONTRACT 646,072 636,072 643,472 -10,000 636,072
AUDIT AGENCY.......
Program decrease [-10,000] [-10,000]
Unobligated [-2,600]
balances........
180 DEFENSE CONTRACT 4,107 4,107 4,107 4,107
AUDIT AGENCY--CYBER
190 DEFENSE CONTRACT 1,506,300 1,474,300 1,490,800 -15,000 1,491,300
MANAGEMENT AGENCY..
Program decrease [-32,000] [-15,000]
Unobligated [-15,500]
balances........
200 DEFENSE CONTRACT 29,127 24,127 29,127 29,127
MANAGEMENT AGENCY--
CYBER..............
Early to need... [-5,000]
210 DEFENSE 983,133 983,133 1,001,533 983,133
COUNTERINTELLIGENCE
AND SECURITY AGENCY
Increase for [18,400]
beneficial
ownership
assessment
program.........
230 DEFENSE 10,245 10,245 10,245 10,245
COUNTERINTELLIGENCE
AND SECURITY
AGENCY--CYBER......
240 DEFENSE HUMAN 935,241 1,026,241 935,241 -3,000 932,241
RESOURCES ACTIVITY.
National [6,000] [6,000]
Language
Fellowship Add..
Program decrease [-155,000] [-9,000]
Veterans-to- [240,000]
Classroom
Program.........
250 DEFENSE HUMAN 26,113 26,113 26,113 26,113
RESOURCES ACTIVITY--
CYBER..............
260 DEFENSE INFORMATION 2,266,729 2,266,729 2,233,529 -17,000 2,249,729
SYSTEMS AGENCY.....
Unobligated [-33,200] [-17,000]
balances........
270 DEFENSE INFORMATION 643,643 663,643 643,643 643,643
SYSTEMS AGENCY--
CYBER..............
Internet [20,000]
Operations
Management......
300 DEFENSE LEGAL 233,687 223,687 233,687 233,687
SERVICES AGENCY....
Program decrease [-10,000]
310 DEFENSE LOGISTICS 429,060 429,060 422,560 -6,500 422,560
AGENCY.............
Unobligated [-6,500] [-6,500]
balances........
320 DEFENSE MEDIA 243,631 198,631 243,631 -7,500 236,131
ACTIVITY...........
Program decrease [-50,000] [-7,500]
Web Enterprise [5,000]
Business........
330 DEFENSE POW/MIA 150,021 150,021 150,021 150,021
OFFICE.............
340 DEFENSE SECURITY 2,445,669 2,382,669 2,357,959 -171,535 2,274,134
COOPERATION AGENCY.
Baltic Security [225,000]
Initiative......
Civilian harm [1,000]
mitigation
institutional
capacity
building........
Expansion of [100,000]
Cooperation and
Training with
Ukraine.........
INDOPACOM UFR-- [35,790]
security
cooperation.....
International [20,000]
Security
Cooperation--AFR
ICOM............
International [6,000]
Security
Cooperation--NOR
THCOM...........
International [20,000]
Security
Cooperation--SOU
THCOM...........
International [100,000] [198,465]
Security
Cooperation
Programs........
Offset for [-225,000]
Baltic Security
Initiative......
Program [-75,000]
adjustment--Bord
er Security.....
Program [-5,000]
adjustment--Coal
ition Support
Funds...........
Program increase [37,000]
Program [10,000]
increase:
Irregular
Warfare
Functional
Center..........
Regional Defense [5,000]
Combating
Terrorism and
Irregular
Warfare
Fellowship
Program.........
SOUTHCOM UFR-- [33,000]
Regional Andean
Ridge capability
for Maritime
Domain Awareness
SOUTHCOM UFR-- [91,500]
Regional CENTAM
capability to
counter
transboundary
threats.........
Transfer to [-300,000] [-300,000] [-300,000]
Ukraine Security
Assistance
Initiative......
350 DEFENSE TECHNOLOGY 40,063 40,063 40,063 40,063
SECURITY
ADMINISTRATION.....
360 DEFENSE THREAT 941,763 741,763 941,763 941,763
REDUCTION AGENCY...
Program decrease [-200,000]
380 DEFENSE THREAT 56,052 56,052 56,052 56,052
REDUCTION AGENCY--
CYBER..............
390 DEPARTMENT OF 3,276,276 3,366,276 3,361,276 70,000 3,346,276
DEFENSE EDUCATION
ACTIVITY...........
Assistance to [15,000]
local
educational
agencies........
Department of [22,000] [20,000]
Defense
Education
Activity (Impact
Aid Students
with
Disabilities)...
Department of [53,000] [50,000]
Defense
Education
Activity (Impact
Aid)............
Impact Aid...... [50,000]
Impact Aid--base [15,000]
closures, force
structure
changes, force
relocations.....
Impact Aid-- [20,000]
severe
disabilities....
400 MISSILE DEFENSE 541,787 541,787 541,787 541,787
AGENCY.............
430 OFFICE OF THE LOCAL 108,697 128,697 108,697 20,000 128,697
DEFENSE COMMUNITY
COOPERATION........
Defense [20,000] [20,000]
Community
Infrastructure
Program.........
440 OFFICE OF THE 2,239,072 1,244,004 2,367,022 3,000 2,242,072
SECRETARY OF
DEFENSE............
Afghanistan War [2,500]
Commission......
AHI cross- [10,000]
functional team.
Anomalous Health [10,000]
Incidents.......
Bien Hoa dioxin [15,000] [15,000]
cleanup.........
CDC nationwide [20,000] [20,000]
human health
assessment......
Center for [5,000]
Excellence in
Civilian Harm
Mitigation......
Civilian Harm [10,000] [25,000]
Mitigation and
Response Action
Plan
Implementation..
Commission on [4,000]
Civilian Harm...
Commission on [5,000]
Professional
Military
Education.......
Commission on [2,900]
the National
Defense Strategy
Congressional [2,800]
Commission on
the Strategic
Posture of the
United States...
Defense [7,000]
Environmental
International
Cooperation
Program.........
Dellums [5,000]
Scholarship
program.........
Demonstration of [2,000]
component
content
management
systems.........
Executive [3,500]
Education on
Emerging
Technologies for
Civilian and
Military Leaders
Increase for [17,650]
FY22 Legislative
Commissions.....
Information [25,000]
Assurance
Scholarship
Program.........
National [4,000]
Commission on
the Future of
the Navy........
National [5,600]
Security
Commission on
Emerging
Biotechnology...
Office of the [1,000]
Secretary of
Defense- ASD
EI+E Personnel..
Pilot Program on [5,000]
Financial
Assistance for
Victims of
Domestic
Violence........
PPBE Commission. [3,800]
Program decrease [-868,679] [-63,000]
Readiness and [5,300]
Environmental
Protection
Integration.....
Readiness [6,000] [6,000]
Environmental
Protection
Integration
Program.........
Red teams....... [1,000]
Secretary of [20,000]
Defense
Strategic
Competition
Initiative......
Skillbridge [5,000]
program.........
Skillbridge [5,000]
program--provide
training to
members of the
Armed Forces to
become law
enforcement
officers........
Special [20,000]
Education
Inclusion
Coordinators
pilot program...
U.S. [1,000]
Telcommunication
s Training
Institute
support.........
Unjustified [-228,489]
growth..........
450 OFFICE OF THE 55,255 55,255 55,255 55,255
SECRETARY OF
DEFENSE--CYBER.....
500 WASHINGTON 369,943 317,943 369,943 -10,000 359,943
HEADQUARTERS
SERVICES...........
Program decrease [-52,000] [-10,000]
500A CLASSIFIED PROGRAMS. 18,764,415 18,574,215 18,787,015 18,764,415
Classified [12,100]
adjustment......
CYBERCOM UFR-- [12,100]
Intel support to
cyberspace
operations......
Defense Cover [10,000]
Program.........
ICASS humint [9,000]
mission support.
INDOPACOM UFR-- [10,500]
JWICS
modernization...
Joint Worldwide [12,000]
Intelligence
Communications
System (JWICS)
Modernization...
MARS Advanced [1,300]
Capabilities....
Program decrease [-240,000]
TORCH--Enterpris [5,400]
e IT............
SUBTOTAL 37,085,757 35,837,989 37,209,197 -14,035 37,071,722
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
UNDISTRIBUTED
510 UNDISTRIBUTED....... -760,000 720,572 308,472 308,472
Civilian [60,000]
Personnel
inflation pay...
Foreign currency [-450,000]
fluctuations....
Historical [-370,000] [-487,500]
unobligated
balances........
Inflation [765,972] [765,972]
effects.........
Program [30,000]
increase:
Congressionally
mandated
commissions.....
Program [-45,400]
reduction--USSOC
OM..............
SUBTOTAL -760,000 720,572 308,472 308,472
UNDISTRIBUTED...
TOTAL OPERATION 48,406,516 46,231,057 49,307,628 412,579 48,819,095
AND
MAINTENANCE,
DEFENSE-WIDE...
UKRAINE SECURITY
ASSISTANCE
010 UKRAINE SECURITY 1,000,000 800,000 800,000 800,000
ASSISTANCE
INITIATIVE.........
Program increase [700,000] [500,000] [500,000]
Transfer from [300,000] [300,000] [300,000]
Defense Security
Cooperation
Agency..........
SUBTOTAL UKRAINE 1,000,000 800,000 800,000 800,000
SECURITY
ASSISTANCE......
TOTAL UKRAINE 1,000,000 800,000 800,000 800,000
SECURITY
ASSISTANCE.....
SEIZE THE INITIATIVE
FUND
010 SEIZE THE INITIATIVE 1,000,000
FUND...............
Program increase [1,000,000]
SUBTOTAL SEIZE 1,000,000
THE INITIATIVE
FUND............
TOTAL SEIZE THE 1,000,000
INITIATIVE FUND
US COURT OF APPEALS
FOR ARMED FORCES,
DEF
ADMINISTRATION AND
ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS 16,003 16,003 16,187 184 16,187
FOR THE ARMED
FORCES, DEFENSE....
Inflation [184] [184]
effects.........
SUBTOTAL 16,003 16,003 16,187 184 16,187
ADMINISTRATION
AND ASSOCIATED
ACTIVITIES......
TOTAL US COURT 16,003 16,003 16,187 184 16,187
OF APPEALS FOR
ARMED FORCES,
DEF............
DOD ACQUISITION
WORKFORCE
DEVELOPMENT FUND
ACQUISITION
WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD 53,791 53,791 53,791 53,791
SUBTOTAL 53,791 53,791 53,791 53,791
ACQUISITION
WORKFORCE
DEVELOPMENT.....
TOTAL DOD 53,791 53,791 53,791 53,791
ACQUISITION
WORKFORCE
DEVELOPMENT
FUND...........
OVERSEAS
HUMANITARIAN,
DISASTER, AND CIVIC
AID
HUMANITARIAN
ASSISTANCE
010 OVERSEAS 112,800 152,800 137,800 37,200 150,000
HUMANITARIAN,
DISASTER AND CIVIC
AID................
Program increase [40,000] [25,000] [37,200]
SUBTOTAL 112,800 152,800 137,800 37,200 150,000
HUMANITARIAN
ASSISTANCE......
TOTAL OVERSEAS 112,800 152,800 137,800 37,200 150,000
HUMANITARIAN,
DISASTER, AND
CIVIC AID......
COOPERATIVE THREAT
REDUCTION ACCOUNT
010 COOPERATIVE THREAT 341,598 341,598 354,394 12,796 354,394
REDUCTION..........
Inflation [12,796] [12,796]
effects.........
SUBTOTAL 341,598 341,598 354,394 12,796 354,394
COOPERATIVE
THREAT REDUCTION
TOTAL 341,598 341,598 354,394 12,796 354,394
COOPERATIVE
THREAT
REDUCTION
ACCOUNT........
ENVIRONMENTAL
RESTORATION, ARMY
DEPARTMENT OF THE
ARMY
050 ENVIRONMENTAL 196,244 196,244 201,828 5,584 201,828
RESTORATION, ARMY..
Inflation [5,584] [5,584]
effects.........
SUBTOTAL 196,244 196,244 201,828 5,584 201,828
DEPARTMENT OF
THE ARMY........
TOTAL 196,244 196,244 201,828 5,584 201,828
ENVIRONMENTAL
RESTORATION,
ARMY...........
ENVIRONMENTAL
RESTORATION, NAVY
DEPARTMENT OF THE
NAVY
060 ENVIRONMENTAL 359,348 1,089,348 369,573 40,225 399,573
RESTORATION, NAVY..
Inflation [10,225] [10,225]
effects.........
Program increase [30,000] [30,000]
Red Hill........ [700,000]
SUBTOTAL 359,348 1,089,348 369,573 40,225 399,573
DEPARTMENT OF
THE NAVY........
TOTAL 359,348 1,089,348 369,573 40,225 399,573
ENVIRONMENTAL
RESTORATION,
NAVY...........
ENVIRONMENTAL
RESTORATION, AIR
FORCE
DEPARTMENT OF THE
AIR FORCE
070 ENVIRONMENTAL 314,474 344,474 323,423 38,949 353,423
RESTORATION, AIR
FORCE..............
Inflation [8,949] [8,949]
effects.........
Program increase [30,000] [30,000]
SUBTOTAL 314,474 344,474 323,423 38,949 353,423
DEPARTMENT OF
THE AIR FORCE...
TOTAL 314,474 344,474 323,423 38,949 353,423
ENVIRONMENTAL
RESTORATION,
AIR FORCE......
ENVIRONMENTAL
RESTORATION,
DEFENSE
DEFENSE-WIDE
080 ENVIRONMENTAL 8,924 33,924 9,178 254 9,178
RESTORATION,
DEFENSE............
FUDS--Military [25,000]
Munitions
Response Program
Inflation [254] [254]
effects.........
SUBTOTAL DEFENSE- 8,924 33,924 9,178 254 9,178
WIDE............
TOTAL 8,924 33,924 9,178 254 9,178
ENVIRONMENTAL
RESTORATION,
DEFENSE........
ENVIRONMENTAL
RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL 227,262 227,262 233,728 31,466 258,728
RESTORATION
FORMERLY USED SITES
Inflation [6,466] [6,466]
effects.........
Military [25,000]
Munitions
Response Program
SUBTOTAL DEFENSE- 227,262 227,262 233,728 31,466 258,728
WIDE............
TOTAL 227,262 227,262 233,728 31,466 258,728
ENVIRONMENTAL
RESTORATION
FORMERLY USED
SITES..........
SUPPORT FOR
INTERNATIONAL
SPORTING
COMPETITIONS ,
DEFENSE
OPERATIONS SUPPORT
100 SUPPORT OF 10,377 10,377 10,673 296 10,673
INTERNATIONAL
SPORTING
COMPETITIONS,
DEFENSE............
Inflation [296] [296]
effects.........
SUBTOTAL 10,377 10,377 10,673 296 10,673
OPERATIONS
SUPPORT.........
TOTAL SUPPORT 10,377 10,377 10,673 296 10,673
FOR
INTERNATIONAL
SPORTING
COMPETITIONS ,
DEFENSE........
RED HILL RECOVERY
FUND
010 RED HILL RECOVERY 1,000,000 1,000,000 1,000,000
FUND...............
Realignment to [-1,000,000]
execution
accounts........
SUBTOTAL RED 1,000,000 1,000,000 1,000,000
HILL RECOVERY
FUND............
TOTAL RED HILL 1,000,000 1,000,000 1,000,000
RECOVERY FUND..
TOTAL OPERATION 271,218,877 273,802,972 282,665,759 7,573,950 278,792,827
& MAINTENANCE..
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 164,139,628 653,173 5,876,100 -1,860,000 162,279,628
Appropriations.............
Additional BAH Absorption [250,000] [250,000]
Restoration (2%)...........
BAH Absorption Restoration [244,000] [244,000]
(1%).......................
Foreign currency [-150,000]
fluctuations...............
Historical underexecution... [-700,000] [-700,000]
Inflation bonus pay......... [800,000]
Military Personnel, Navy-- [190,000] [190,000]
Restore Navy Force
Structure Cuts (Manpower)..
Military Personnel, Navy-- [19,173]
Restore Personnel for HSC-
85 Aircraft (Manpower).....
Additional special incentive [100,000] [100,000]
pays.......................
Air Force end strength--E-10 [234,000] [234,000]
Sentry AWACS and medical
billets....................
Army end strength reduction. [-2,200,000]
Basic needs allowance....... [12,000]
Home leave demonstration [10,000] [10,000]
program....................
LSD-42, CG-69, T-ESD-1, T- [116,500]
ESD-2 and LCS-11, -13, -15,
-17, -19 restoral..........
LSD-44, LSD-46, LSD-48 [58,900]
restoral...................
Navy end strength--improve [924,000]
fleet manning..............
Undistributed--compensation [5,000,000]
inflation effects..........
Unobligated balances........ [-567,300]
Medicare-Eligible Retiree 9,743,704 9,743,704
Health Care Fund
Contributions..............
TOTAL, Military Personnel... 173,883,332 653,173 5,876,100 -1,860,000 172,023,332
----------------------------------------------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2023 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND
DEFENSE STOCKPILE........... 253,500 255,500 1,003,500 750,000 1,003,500
Program increase........ [750,000] [750,000]
Strengthen and implement [2,000]
the domestic industrial
base for rare earth
metallization related
to permanent magnet
production and related
projects...............
TOTAL NATIONAL 253,500 255,500 1,003,500 750,000 1,003,500
DEFENSE STOCKPILE
TRANSACTION FUND.....
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE.... 28,448 28,448 28,448 28,448
ARMY SUPPLY MANAGEMENT...... 1,489 1,489 1,489 1,489
TOTAL WORKING CAPITAL 29,937 29,937 29,937 29,937
FUND, ARMY...........
WORKING CAPITAL FUND, AIR
FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS...... 80,448 80,448 80,448 80,448
TOTAL WORKING CAPITAL 80,448 80,448 80,448 80,448
FUND, AIR FORCE......
WORKING CAPITAL FUND,
DEFENSE-WIDE
DEFENSE AUTOMATION & 2 2 2 2
PRODUCTION SERVICES........
DEFENSE INFORMATION SYSTEMS
AGENCY
WORKING CAPITAL FUND SUPPORT 8,300 2,508,300 8,300 2,500,000 2,508,300
Fuel inflation.......... [2,500,000] [2,500,000]
TOTAL WORKING CAPITAL 8,302 2,508,302 8,302 2,500,000 2,508,302
FUND, DEFENSE-WIDE...
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT 1,211,208 1,961,208 1,225,333 224,125 1,435,333
Inflation effects....... [14,125] [14,125]
Program increase........ [750,000] [210,000]
TOTAL WORKING CAPITAL 1,211,208 1,961,208 1,225,333 224,125 1,435,333
FUND, DECA...........
CHEM AGENTS & MUNITIONS
DESTRUCTION
CHEM DEMILITARIZATION--O&M.. 84,612 84,612 84,612 84,612
CHEM DEMILITARIZATION--RDT&E 975,206 975,206 975,206 975,206
CHEM DEMILITARIZATION--PROC
UNDISTRIBUTED............... 28,929 28,929 28,929
Inflation effects....... [28,929] [28,929]
TOTAL CHEM AGENTS & 1,059,818 1,059,818 1,088,747 28,929 1,088,747
MUNITIONS DESTRUCTION
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 619,474 627,716 635,716 619,474
Counter-narcotics [8,000]
support NORTHCOM.......
INDOPACOM UFR--JIATF-W.. [8,242]
JIATF-W................. [8,242]
DRUG DEMAND REDUCTION 130,060 134,060 130,060 130,060
PROGRAM....................
Young Marines Program... [4,000]
NATIONAL GUARD COUNTER-DRUG 100,316 100,316 100,316 100,316
PROGRAM....................
NATIONAL GUARD COUNTER-DRUG 5,878 5,878 5,878 5,878
SCHOOLS....................
UNDISTRIBUTED............... 18,898 18,898 18,898
Inflation effects....... [18,898] [18,898]
TOTAL DRUG 855,728 867,970 890,868 18,898 874,626
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 474,650 474,650 474,650 474,650
GENERAL--O&M...............
OFFICE OF THE INSPECTOR 1,321 1,321 1,321 1,321
GENERAL--CYBER.............
OFFICE OF THE INSPECTOR 1,864 1,864 1,864 1,864
GENERAL--RDT&E.............
OFFICE OF THE INSPECTOR 1,524 1,524 1,524 1,524
GENERAL--PROCUREMENT.......
UNDISTRIBUTED............... 4,932 4,932 4,932
Inflation effects....... [4,932] [4,932]
TOTAL OFFICE OF THE 479,359 479,359 484,291 4,932 484,291
INSPECTOR GENERAL....
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 9,906,943 10,006,943 9,926,943 -40,190 9,866,753
Anomalous Health [20,000]
Incidents..............
Medical care contracts [-25,082]
excess growth..........
TRICARE Dental for [100,000]
Selected Reserve.......
Unjustified growth...... [-15,108]
PRIVATE SECTOR CARE......... 18,455,209 18,442,709 18,455,209 -12,500 18,442,709
Program decrease........ [-12,500] [-12,500]
CONSOLIDATED HEALTH SUPPORT. 1,916,366 1,916,366 1,916,366 -40,417 1,875,949
Unjustified growth...... [-40,417]
INFORMATION MANAGEMENT...... 2,251,151 2,251,151 2,251,151 -3,362 2,247,789
Unjustified growth...... [-3,362]
MANAGEMENT ACTIVITIES....... 338,678 338,678 338,678 338,678
EDUCATION AND TRAINING...... 334,845 341,845 334,845 7,000 341,845
TriService Nursing [7,000] [7,000]
Research Program.......
BASE OPERATIONS/ 2,111,558 2,111,558 2,126,558 -2,658 2,108,900
COMMUNICATIONS.............
Excess growth........... [-2,658]
National Disaster [15,000]
Medical System pilot
program................
R&D RESEARCH................ 39,568 44,568 39,568 5,000 44,568
CRDMP Program for [5,000] [5,000]
Pancreatic Cancer
Research...............
R&D EXPLORATRY DEVELOPMENT.. 175,477 175,477 175,477 175,477
R&D ADVANCED DEVELOPMENT.... 320,862 333,362 320,862 12,500 333,362
Combat triple negative [10,000] [10,000]
breast cancer..........
Post-traumatic stress [2,500] [2,500]
disorder...............
R&D DEMONSTRATION/VALIDATION 166,960 166,960 166,960 166,960
R&D ENGINEERING DEVELOPMENT. 103,970 103,970 103,970 103,970
R&D MANAGEMENT AND SUPPORT.. 85,186 85,186 85,186 85,186
R&D CAPABILITIES ENHANCEMENT 17,971 47,971 17,971 17,971
National Disaster [20,000]
Medical Surge Pilot and
Implementation.........
Warfighting Brain [10,000]
Initiative.............
PROC INITIAL OUTFITTING..... 21,625 21,625 21,625 21,625
PROC REPLACEMENT & 234,157 234,157 234,157 234,157
MODERNIZATION..............
PROC JOINT OPERATIONAL 1,467 1,467 1,467 1,467
MEDICINE INFORMATION SYSTEM
PROC MILITARY HEALTH SYSTEM-- 72,601 72,601 72,601 72,601
DESKTOP TO DATACENTER......
PROC DOD HEALTHCARE 240,224 240,224 240,224 240,224
MANAGEMENT SYSTEM
MODERNIZATION..............
SOFTWARE & DIGITAL 137,356 137,356 137,356 137,356
TECHNOLOGY PILOT PROGRAMS..
TOTAL DEFENSE HEALTH 36,932,174 37,074,174 36,967,174 -74,627 36,857,547
PROGRAM..............
TOTAL OTHER 40,910,474 44,316,716 41,778,600 3,452,257 44,362,731
AUTHORIZATIONS.......
----------------------------------------------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2023 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ARMY
Army ALABAMA Anniston Army Depot GENERAL PURPOSE WAREHOUSE (P&D) 0 2,400 0 2,400 2,400
Army ALABAMA Redstone Arsenal BUILDING 6231 0 6,000 0 6,000 6,000
Army ALABAMA Redstone Arsenal PHYSICS LAB 0 44,000 44,000 44,000 44,000
Army ALABAMA Redstone Arsenal WAREHOUSE 0 0 52,000 52,000 52,000
Army ALASKA Fort Wainwright PHYSICAL FITNESS CENTER 0 0 50,000 50,000 50,000
Army ARIZONA Yuma Proving Ground COST TO COMPLETE: READY BUILDING 0 0 6,500 6,500 6,500
Army ARKANSAS Pine Bluff Arsenal ACCESS CONTROL POINT (P&D) 0 0 0 1,800 1,800
Army BULGARIA Novo Selo Training COST TO COMPLETE: EDI- AMMUNITION 0 0 3,640 3,640 3,640
Area HOLDING AREA
Army COLORADO Fort Carson FIRE STATION SUPPORT BUILDING 14,200 14,200 14,200 14,200
Army FLORIDA Camp Bull Simons CHILD DEVELOPMENT CENTER (P&D) 0 0 4,750 4,750 4,750
Army GEORGIA Fort Gillem COST TO COMPLETE: FORENSIC 0 0 24,700 24,700 24,700
LABORATORY
Army GEORGIA Fort Gordon CHILD DEVELOPMENT CENTER (P&D) 0 0 0 5,000 5,000
Army GERMANY East Camp Grafenwoehr EDI: BATTALION TRNG CPLX1 (BRKS/ 104,000 104,000 14,000 104,000
VEH MAINT)
Army GERMANY East Camp Grafenwoehr EDI: BATTALION TRNG CPLX2 (OPS/VEH 64,000 64,000 64,000 64,000
MAINT)
Army HAWAII Fort Shafter WATER SYSTEM UPGRADE 0 2,000 33,000 33,000 33,000
Army HAWAII Schofield Barracks COMPANY OPERATIONS FACILITIES 0 0 111,000 25,000 25,000
Army HAWAII Tripler Army Medical UPGRADE POTABLE WATER SYSTEM 0 2,000 27,000 38,000 38,000
Center
Army JAPAN Kadena Air Force Base VEHICLE MAINTENANCE SHOP 0 0 99,000 80,000 80,000
Army KANSAS Fort Riley (Custer UNACCOMPANIED ENLISTED BARRACKS 0 0 0 15,930 15,930
Hill) (P&D)
Army KENTUCKY Fort Campbell COST TO COMPLETE: VEHICLE 0 0 13,650 13,650 13,650
MAINTENANCE SHOP
Army KWAJALEIN Kwajalein Atoll MEDICAL CLINIC 69,000 69,000 69,000 69,000
Army LOUISIANA Fort Polk CHILD DEVELOPMENT CENTER 32,000 32,000 32,000 32,000
Army LOUISIANA Fort Polk COST TO COMPLETE: CHILD 0 0 9,000 9,000 9,000
DEVELOPMENT CENTER
Army LOUISIANA Fort Polk COST TO COMPLETE: INFORMATION 0 0 35,360 35,360 35,360
SYSTEM FACILITY
Army LOUISIANA Fort Polk COST TO COMPLETE: JOINT OPERATIONS 0 61,000 61,000 61,000 61,000
CENTER
Army MARYLAND Aberdeen Proving COST TO COMPLETE: TEST MAINTENANCE 0 7,600 0 0
Ground FABRICATION FACILITY
Army MARYLAND Aberdeen Proving TEST MAINTENANCE FABRICATION 0 85,000 0 30,000 30,000
Ground FACILITY
Army MARYLAND Aberdeen Proving TEST MAINTENANCE FABRICATION 0 0 0 7,600 7,600
Ground FACILITY (P&D)
Army MARYLAND Fort Meade COST TO COMPLETE: CANTONMENT AREA 0 0 17,550 17,550 17,550
ROADS
Army MISSISSIPPI Engineer Research and LAB AND TEST BUILDING 0 20,000 20,000 20,000 20,000
Development Center
Army MISSOURI Fort Leonard Wood CENTRAL ISSUE FACILITY (P&D) 0 0 0 5,300 5,300
Army NEW JERSEY Picatinny Arsenal PRECISION MUNITIONS TEST TOWER 0 3,654 0 3,654 3,654
Army NEW JERSEY Picatinny Arsenal IGLOO STORAGE INSTALLATION 0 12,000 0 12,000 12,000
Army NEW MEXICO White Sands Missile MISSILE ASSEMBLY BUILDING (P&D) 0 0 0 3,600 3,600
Range
Army NEW YORK Fort Drum AUTOMATED RECORD FIRE PLUS RANGE 0 2,400 0 3,600 3,600
Army NEW YORK Fort Drum PHYSICAL FITNESS TESTING FACILITY 0 0 5,300 5,300 5,300
(P&D)
Army NEW YORK U.S. Military Academy ENGINEERING CENTER 39,800 39,800 39,800 39,800
Army NORTH CAROLINA Fort Bragg AUTOMATED INFANTRY PLATOON BATTLE 0 0 0 1,350 1,350
COURSE (P&D)
Army NORTH CAROLINA Fort Bragg AUTOMATED RECORD FIRE RANGE (P&D) 0 0 0 2,000 2,000
Army NORTH CAROLINA Fort Bragg CHILD DEVELOPMENT CENTER (P&D) 0 0 0 3,600 3,600
Army NORTH CAROLINA Fort Bragg MULTIPURPOSE MACHINE GUN RANGE 0 0 0 1,600 1,600
(MPMG 2) (P&D)
Army NORTH CAROLINA Fort Bragg MULTIPURPOSE TRAINING RANGE 34,000 34,000 34,000 34,000
Army OKLAHOMA Fort Sill COST TO COMPLETE: ADVANCED 0 0 85,800 85,800 85,800
INDIVIDUAL TRAINING BARRACKS,
PHASE 2
Army OKLAHOMA McAlester Army COST TO COMPLETE: AMMUNITION 0 0 39,000 39,000 39,000
Ammunition Plant DEMOLITION SHOP
Army PENNSYLVANIA Letterkenny Army Depot SHIPPING AND RECEIVING BUILDING 38,000 38,000 38,000 38,000
Army TEXAS Corpus Christi Army POWERTRAIN FACILITY (ENGINE 103,000 83,000 55,000 -48,000 55,000
Depot ASSEMBLY)
Army TEXAS Fort Bliss FIRE STATION 15,000 15,000 15,000 15,000
Army TEXAS Fort Hood AUTOMATED INFANTRY PLATOON BATTLE 0 1,220 0 1,220 1,220
COURSE (P&D)
Army TEXAS Fort Hood AUTOMATED INFANTRY SQUAD BATTLE 0 600 0 600 600
COURSE (P&D)
Army TEXAS Fort Hood AUTOMATED MULTIPURPOSE MACHINE GUN 0 1,240 0 1,240 1,240
RANGE (P&D)
Army TEXAS Fort Hood BARRACKS 0 19,000 0 19,000 19,000
Army WASHINGTON Joint Base Lewis- BARRACKS 49,000 49,000 49,000 49,000
McChord
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTER PLANNING 0 0 0 15,000 15,000
Locations & DESIGN FUND
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY21 INFLATION 0 0 0 251,860 251,860
Locations EFFECTS
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 227,570 85,200 85,200
Locations EFFECTS
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 502,900 111,300 541,080 541,080
Locations EFFECTS
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 0 0 0 10,500 10,500
Locations CONSTRUCTION (USARPAC)
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOST NATION SUPPORT 26,000 26,000 26,000 26,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide IMPROVING MILITARY INSTALLATION 0 0 0 20,000 20,000
Locations RESILIENCE
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 142,116 0
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide LAB REVITALIZATION 0 0 0 30,000 30,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 167,151 167,151 167,151 25,000 192,151
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNACCOMPANIED BARRACKS PLANNING 0 0 15,930 0
Locations AND DESIGN
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 90,414 90,414 90,414 20,000 110,414
Locations CONSTRUCTION
Military Construction, Army Total 845,565 1,598,579 1,946,731 1,726,384 2,571,949
........................ ...................... ..................................
NAVY
Navy ARIZONA Marine Corps Air WATER TREATMENT (P&D) 0 0 0 5,000 5,000
Station Yuma
Navy AUSTRALIA Royal Australian Air PDI: AIRCRAFT PARKING APRON (INC) 72,446 72,446 72,446 72,446
Force Base Darwin
Navy CALIFORNIA Marine Corps Air RANGE SIMULATION TRAINING & 120,382 11,382 10,382 -110,000 10,382
Ground Combat Center OPERATIONS FAC.
Twentynine Palms
Navy CALIFORNIA Marine Corps Base Camp BASILONE ROAD REALIGNMENT 85,210 85,210 85,210 -70,442 14,768
Pendleton
Navy CALIFORNIA Marine Corps Base Camp CHILD DEVELOPMENT CENTER 0 0 32,100 32,100 32,100
Pendleton
Navy CALIFORNIA Marine Corps Recruit RECRUIT BARRACKS 0 0 83,200 94,848 94,848
Depot San Diego
Navy CALIFORNIA Naval Air Station F-35C AIRCRAFT MAINT. HANGAR & 201,261 43,261 41,261 -160,000 41,261
Lemoore AIRFIELD PAVE
Navy CALIFORNIA Naval Base Point Loma CHILD DEVELOPMENT CENTER 56,450 56,450 56,450 7,903 64,353
Annex
Navy CALIFORNIA Naval Base San Diego FLOATING DRY DOCK MOORING FACILITY 0 0 9,000 9,000 9,000
Navy CALIFORNIA Naval Base San Diego PIER 6 REPLACEMENT (INC) 15,565 15,565 15,565 15,565
Navy CALIFORNIA Naval Surface Warfare DATA SCIENCE ANALYTICS AND 0 2,845 2,845 2,845 2,845
Center Corona INNOVATION (P&D)
Division
Navy CALIFORNIA Naval Surface Warfare PERFORMANCE ASSESSMENT 0 15,000 15,000 15,000 15,000
Center Corona COMMUNICATIONS LABORATORY
Division
Navy CONNECTICUT Naval Submarine Base RELOCATE UNDERWATER 15,514 15,514 15,514 15,514
New London ELECTROMAGNETIC MEASURE.
Navy DJIBOUTI Camp Lemonnier ELECTRICAL POWER PLANT 0 0 12,000 12,000 12,000
Navy FLORIDA Marine Corps Support COMMUNICATIONS INFRASTRUCTURE 0 5,291 0 5,949 5,949
Facility Blount MODERNIZATION (P&D)
Island
Navy FLORIDA Naval Air Station ENGINE TEST CELLS MODIFICATIONS 86,232 86,232 86,232 -50,000 36,232
Jacksonville
Navy FLORIDA Naval Air Station ADVANCED HELICOPTER TRAINING 0 0 141,500 141,500 141,500
Whiting Field SYSTEM HANGAR
Navy FLORIDA Naval Air Station AHTS AIRCRAFT FLIGHT SIMULATOR 57,789 57,789 57,789 57,789
Whiting Field FACILITY
Navy GEORGIA Marine Corps Base CONSOLIDATED COMMUNICATION 0 0 0 6,400 6,400
Albany FACILITY (P&D)
Navy GEORGIA Naval Submarine Base NUCLEAR REGIONAL MAINTENANCE 213,796 213,796 13,796 -200,000 13,796
Kings Bay FACILITY
Navy GEORGIA Naval Submarine Base TRIDENT TRAINING FAC. COLUMBIA 65,375 65,375 65,375 65,375
Kings Bay TRAINER EXPAN.
Navy GUAM Marine Corps Base Camp PDI: 9TH ENG SUPP BATTALION EQUIP 131,590 48,590 41,590 -90,000 41,590
Blaz & MAIN FAC
Navy GUAM Marine Corps Base Camp PDI: 9TH ENGINEER SUPPORT 35,188 35,188 35,188 35,188
Blaz BATTALION OPS. FAC.
Navy GUAM Marine Corps Base Camp PDI: BROWN TREE SNAKE EXCLUSION 14,497 14,497 14,497 14,497
Blaz BARRIER SOUTH
Navy GUAM Marine Corps Base Camp PDI: GROUND COMBAT ELEMENT INF BTN 149,314 79,314 69,314 -80,000 69,314
Blaz . . . FAC
Navy HAWAII Joint Base Pearl DRY DOCK 3 REPLACEMENT (INC) 621,185 621,185 421,185 -175,000 446,185
Harbor-Hickam
Navy HAWAII Joint Base Pearl MISSILE MAGAZINES 0 0 10,000 10,000 10,000
Harbor-Hickam
Navy HAWAII Joint Base Pearl UPGRADE MAIN WATER LINES--DA 0 0 0 15,000 15,000
Harbor-Hickam
Navy HAWAII Joint Base Pearl WATERFRONT PRODUCTION FACILITY 0 0 40,000 40,000 40,000
Harbor-Hickam (P&D)
Navy HAWAII Marine Corps Base BACHELOR ENLISTED QUARTERS 0 87,930 57,900 57,900 57,900
Kaneohe Bay
Navy IDAHO Naval Surface Warfare ARD RANGE CRAFT BERTHING FACILITY 0 706 707 707 707
Center Carderock (P&D)
Division
Navy JAPAN Kadena Air Base PDI: MARINE CORPS BACHELOR 94,100 34,100 14,100 -65,000 29,100
ENLISTED QUARTERS
Navy JAPAN Kadena Air Base PDI: MARINE CORPS BARRACKS COMPLEX 101,300 101,300 31,300 -70,000 31,300
Navy MAINE Portsmouth Naval CHILD DEVELOPMENT CENTER (P&D) 0 0 0 2,500 2,500
Shipyard
Navy MAINE Portsmouth Naval MULTI-MISSION DRYDOCK #1 EXTENSION 503,282 503,282 503,282 503,282
Shipyard (INC)
Navy MARYLAND Naval Surface Warfare SFOMF STORAGE LABORATORY 0 2,073 2,073 2,073 2,073
Center Carderock
Division
Navy MARYLAND Naval Surface Warfare SHIP SYSTEMS INTEGRATION AND 0 2,650 2,651 2,650 2,650
Center Carderock DESIGN FACILITY (P&D)
Division
Navy MARYLAND Naval Surface Warfare COMBUSTION LABORATORY 0 6,000 6,000 6,000 6,000
Center Indian Head
Division
Navy MARYLAND Naval Surface Warfare CONTAINED BURN FACILITY (P&D) 0 4,750 0 0
Center Indian Head
Division
Navy MARYLAND Naval Surface Warfare CONTAINED BURN FACILITY (P&D) 0 5,650 5,651 5,415 5,415
Center Indian Head
Division
Navy MARYLAND Naval Surface Warfare EOD EXPLOSIVE TESTING RANGE 2 0 2,039 2,039 2,039 2,039
Center Indian Head EXPANSION AT SN, BUILDING 2107
Division
Navy NEVADA Naval Air Station F-35C AIRCRAFT MAINTENANCE HANGAR 97,865 37,865 30,865 -67,000 30,865
Fallon
Navy NEVADA Naval Air Station FALLON RANGE TRAINING COMPLEX LAND 0 0 48,300 48,300 48,300
Fallon ACQUISITION PHASE 2
Navy NORTH CAROLINA Marine Corps Air AIRCRAFT MAINTENANCE HANGAR (INC) 106,000 91,000 11,000 -85,000 21,000
Station Cherry Point
Navy NORTH CAROLINA Marine Corps Air CH-53K GEARBOX REPAIR AND TEST 38,415 38,415 38,415 38,415
Station Cherry Point FACILITY
Navy NORTH CAROLINA Marine Corps Air F-35 FLIGHTLINE UTIL MODERNIZATION 58,000 58,000 58,000 58,000
Station Cherry Point PH 2 (INC)
Navy NORTH CAROLINA Marine Corps Air THREE MODULE TYPE II HANGAR 0 0 21,000 21,000 21,000
Station New River
Navy NORTH CAROLINA Marine Corps Base Camp REGIONAL COMMUNICATIONS STATION, 47,475 47,475 47,475 47,475
Lejeune HADNOT POINT
Navy PENNSYLVANIA Naval Surface Warfare MACHINERY CONTROL DEVELOPMENTAL 0 86,610 86,610 92,547 92,547
Center Philadelphia CENTER
Division
Navy SOUTH CAROLINA Marine Corps Recruit RECRUIT BARRACKS 0 0 37,600 37,600 37,600
Depot Parris Island
Navy SOUTH CAROLINA Marine Corps Recruit RECRUIT BARRACKS 0 0 38,300 38,300 38,300
Depot Parris Island
Navy SPAIN Naval Station Rota EDI: MISSILE MAGAZINES 0 0 76,300 92,323 92,323
Navy VIRGINIA Naval Air Station CHILD DEVELOPMENT CENTER (P&D) 0 0 0 1,200 1,200
Oceana
Navy VIRGINIA Naval Station Norfolk CHILD DEVELOPMENT CENTER (P&D) 0 0 0 2,300 2,300
Navy VIRGINIA Naval Station Norfolk SUBMARINE LOGISTICS SUPPORT 16,863 16,863 16,863 16,863
FACILITIES
Navy VIRGINIA Naval Station Norfolk SUBMARINE PIER 3 (INC) 155,000 155,000 125,000 -30,000 125,000
Navy VIRGINIA Naval Surface Warfare WEAPONS INTEGRATION AND TEST 0 1,237 1,237 1,237 1,237
Center Dahlgren CAMPUS (P&D)
Division
Navy VIRGINIA Norfolk Naval Shipyard DRY DOCK SALTWATER SYSTEM FOR CVN- 47,718 47,718 47,718 47,718
78 (INC)
Navy VIRGINIA Naval Surface Warfare UPGRADE ELECTRICAL SUBSTATION 1 0 2,503 2,503 2,503 2,503
Center Dahlgren
Division
Navy WASHINGTON Naval Air Station E/A-18G AIRCRAFT FLT. READ. SQUAD. 37,461 37,461 37,461 37,461
Whidbey Island TRAIN. FAC
Navy WASHINGTON Naval Air Station P-8A AIRCRAFT AIRFIELD PAVEMENTS 0 0 68,100 68,100 68,100
Whidbey Island IMPROVEMENTS
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTER PLANNING 0 0 0 15,000 15,000
Locations & DESIGN FUND
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY21 INFLATION 0 0 0 99,384 99,384
Locations EFFECTS
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 456,210 514,892 514,892
Locations EFFECTS
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 28,550 0
Locations EFFECTS (P&D)
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 1,198,000 172,690 298,433 298,433
Locations EFFECTS
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 16,680 0
Locations EFFECTS (P&D)
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 9,900 0
Locations EFFECTS (UMMC)
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide IMPROVING MILITARY INSTALLATION 0 0 0 20,000 20,000
Locations RESILIENCE
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide INDOPACOM (P&D) 0 47,600 31,170 50,000 50,000
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 225,537 0
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide LAB REVITALIZATION 0 0 0 20,000 20,000
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MCON PLANNING AND FUNDS 397,124 397,124 397,124 25,000 422,124
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 0 0 63,400 63,400 63,400
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide RED HILL (P&D) 0 23,184 0 0
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide SIOP PLANNING & DESIGN 0 0 75,000 75,000 75,000
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 109,994 109,994 109,994 20,000 129,994
Locations CONSTRUCTION
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide USMC PLANNING & DESIGN 0 0 37,800 37,800 37,800
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide WATER TREATMENT AND DISTRIBUTION 0 0 0 0
Locations INFRASTRUCTURE
Military Construction, Navy Total 3,752,391 4,691,459 4,489,944 868,706 4,621,097
........................ ...................... ..................................
AIR FORCE
Air Force ALABAMA Maxwell Air Force Base COMMERCIAL VEHICLE INSPECTION GATE 0 15,000 15,000 15,000 15,000
Air Force ALASKA Clear Space Force LRDR DORMITORY 68,000 68,000 68,000 68,000
Station
Air Force ALASKA Joint Base Elmendorf- EXTEND RUNWAY 16/34 (INC) 100,000 100,000 100,000 100,000
Richardson
Air Force ALASKA Joint Base Elmendorf- PFAS: CONTAMINATED SOIL REMOVAL 0 0 5,200 5,200 5,200
Richardson
Air Force ARIZONA Davis-Monthan Air COMBAT RESCUE HELICOPTER SIMULATOR 0 0 7,500 7,500 7,500
Force Base
Air Force ARIZONA Luke Air Force Base CHILD DEVELOPMENT CENTER (P&D) 0 0 4,750 4,750 4,750
Air Force CALIFORNIA Air Force Test Center-- MUNITIONS IGLOO--EAST (P&D) 0 650 650 650 650
Edwards Air Force
Base
Air Force CALIFORNIA Travis Air Force Base KC-46A ADAL B179, SIMULATOR 0 7,500 7,500 7,500 7,500
FACILITY
Air Force CALIFORNIA Vandenberg Space Force GBSD CONSOLIDATED MAINTENANCE 89,000 89,000 89,000 -75,000 14,000
Base FACILITY
Air Force FLORIDA Air Force Research SHOCK AND APPLIED IMPACT 0 530 530 530 530
Laboratory--Eglin Air LABORATORY (SAIL) (P&D)
Force Base
Air Force FLORIDA Eglin Air Force Base F-35A ADAL SQUADRON OPERATIONS 0 2,500 0 2,500 2,500
(P&D)
Air Force FLORIDA Eglin Air Force Base F-35A DEVELOPMENTAL TEST 2-BAY MX 0 4,100 0 4,100 4,100
HANGAR (P&D)
Air Force FLORIDA Eglin Air Force Base F-35A DEVELOPMENTAL TEST 2-BAY 0 3,700 0 3,700 3,700
TEST HANGAR (P&D)
Air Force FLORIDA Patrick Space Force CONSOLIDATED COMMUNICATIONS CENTER 0 75,680 0 97,000 97,000
Base
Air Force FLORIDA Tyndall Air Force Base COST TO COMPLETE--NATURAL DISASTER 0 0 66,000 66,000 66,000
RECOVERY
Air Force GEORGIA Moody Air Force Base 23D SECURITY FORCES SQUADRON 0 0 0 1,100 1,100
OPERATIONS FACILITY (P&D)
Air Force GEORGIA Moody Air Force Base RESCUE SQUADRON GUARDIAN ANGEL 0 0 0 5,770 5,770
OPERATIONS FACILITY (P&D)
Air Force HAWAII Air Force Research SECURE INTEGRATION SUPPORT LAB W/ 0 89,000 89,000 89,000 89,000
Laboratory--Maui LAND ACQUISITION
Experimental Site #1
Air Force HUNGARY Papa Air Base EDI: DABS-FEV STORAGE 71,000 71,000 71,000 71,000
Air Force ICELAND Naval Air Station EDI: DABS-FEV STORAGE 94,000 94,000 30,000 94,000
Keflavik
Air Force ILLINOIS Scott Air Force Base CHILD DEVELOPMENT CENTER 0 0 19,893 19,893 19,893
Air Force ITALY Aviano Air Base COMBAT RESCUE HELICOPTER SIMULATOR 15,500 15,500 15,500 15,500
FACILITY
Air Force ITALY Aviano Air Base EDI: RADR STORAGE FACILITY 31,000 31,000 31,000 31,000
Air Force JAPAN Kadena Air Base HELICOPTER RESCUE OPS MAINTENANCE 71,000 71,000 71,000 71,000
HANGAR (INC)
Air Force JAPAN Kadena Air Base PDI: THEATER A/C CORROSION CONTROL 77,000 77,000 77,000 -60,000 17,000
CTR (INC)
Air Force JAPAN Yokota Air Base COST TO COMPLETE: PDI: C-130J 0 0 10,000 10,000 10,000
CORROSION CONTROL HANGAR
Air Force JORDAN Muwaffaq Salti Air BULK PETROLEUM/OIL/LUBRICANTS 32,000 32,000 32,000 32,000
Base STORAGE
Air Force JORDAN Muwaffaq Salti Air FUEL CELL AND PHASE MAINTENANCE 18,000 18,000 18,000 18,000
Base HANGARS
Air Force LOUISIANA Barksdale Air Force WEAPONS GENERATION FACILITY (INC) 125,000 125,000 125,000 1,500 126,500
Base
Air Force MARIANA ISLANDS Tinian PDI: AIRFIELD DEVELOPMENT PHASE 1 58,000 58,000 58,000 58,000
(INC)
Air Force MARIANA ISLANDS Tinian PDI: FUEL TANKS W/PIPELINE & 92,000 92,000 92,000 92,000
HYDRANT SYS, INC
Air Force MARIANA ISLANDS Tinian PDI: PARKING APRON (INC) 41,000 41,000 41,000 41,000
Air Force MARYLAND Joint Base Andrews COST TO COMPLETE: PAR RELOCATE HAZ 0 0 28,200 28,200 28,200
CARGO PAD AND EOD RANGE
Air Force MASSACHUSETTS Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB CSL/ 30,200 30,200 30,200 30,200
MIF), INC
Air Force NEBRASKA Offutt Air Force Base COST TO COMPLETE--NATURAL DISASTER 0 0 235,000 235,000 235,000
RECOVERY
Air Force NEVADA Nellis Air Force Base DORMITORY (P&D) 0 0 0 7,200 7,200
Air Force NEW MEXICO Cannon Air Force Base SOFT CONSTRUCT MUNITIONS STORAGE 0 0 0 8,000 8,000
AREA (P&D)
Air Force NEW MEXICO Holloman Air Force F-16 FORMAL TRAINING UNIT AIRFIELD 0 0 0 4,140 4,140
Base REQUIREMENTS (P&D)
Air Force NEW MEXICO Holloman Air Force HIGH SPEED TEST TRACK (P&D) 0 0 15,000 15,000 15,000
Base
Air Force NEW MEXICO Kirtland Air Force 58th SOW/PJ/CRO PIPELINE DORM (432 0 0 0 11,160 11,160
Base RM) (P&D)
Air Force NEW MEXICO Kirtland Air Force ADAL SYSTEMS & DIGITAL ENGINEERING 0 0 0 2,000 2,000
Base LAB (P&D)
Air Force NEW MEXICO Kirtland Air Force EXPLOSIVES OPERATIONS BUILDING 0 0 0 540 540
Base (P&D)
Air Force NEW MEXICO Kirtland Air Force JOINT NAVIGATIONAL WARFARE CENTER 0 4,700 0 4,700 4,700
Base (P&D)
Air Force NEW MEXICO Kirtland Air Force SPACE RAPID CAPABILITIES OFFICE 0 4,400 0 4,400 4,400
Base (SPRCO) HEADQUARTERS FACILITY
(P&D)
Air Force NEW YORK Air Force Research HF ANTENNAS, NEWPORT AND 0 4,200 4,200 4,200 4,200
Laboratory--Rome STOCKBRIDGE TEST ANNEXES
Research Site
Air Force NORTH CAROLINA Seymour Johnson Air COMBAT ARMS AND MAINTENANCE 0 0 0 3,300 3,300
Force Base COMPLEX (P&D)
Air Force NORTH CAROLINA Seymour Johnson Air KC-46 ALERT FACILITY (P&D) 0 0 0 530 530
Force Base
Air Force NORWAY Rygge Air Station EDI: BASE PERIMETER SECURITY FENCE 8,200 8,200 8,200 8,200
Air Force OHIO Wright Patterson Air CHILD DEVELOPMENT CENTER/SCHOOL 0 29,000 29,000 29,000 29,000
Force Base AGE CENTER
Air Force OHIO Wright Patterson Air HUMAN PERFORMANCE WING LABORATORY 0 0 0 4,000 4,000
Force Base (P&D)
Air Force OKLAHOMA Altus Air Force Base SOUTH GATE 0 4,750 0 4,750 4,750
Air Force OKLAHOMA Tinker Air Force Base E-7 OPERATIONS CENTER (P&D) 0 0 15,000 15,000 15,000
Air Force OKLAHOMA Tinker Air Force Base FACILITY AND LAND ACQUISITION 30,000 30,000 30,000 30,000
(MROTC)
Air Force OKLAHOMA Tinker Air Force Base KC-46A 1-BAY DEPOT CORROSION 0 0 40,000 80,000 80,000
CONTROL HANGAR
Air Force OKLAHOMA Tinker Air Force Base KC-46A 2-BAY PROGRAM DEPOT 0 0 90,000 90,000 90,000
MAINTENANCE HANGAR
Air Force OKLAHOMA Tinker Air Force Base KC-46A 3-BAY DEPOT MAINTENANCE 49,000 49,000 49,000 49,000
HANGAR (INC)
Air Force OKLAHOMA Tinker Air Force Base KC-46A FUEL POL INFRASTRUCTURE 13,600 13,600 13,600 13,600
Air Force SOUTH CAROLINA Shaw Air Force Base RAPCON FACILITY 10,000 10,000 10,000 10,000
Air Force SOUTH DAKOTA Ellsworth Air Force B-21 2-BAY LO RESTORATION FACILITY 91,000 76,000 31,000 -50,000 41,000
Base (INC)
Air Force SOUTH DAKOTA Ellsworth Air Force B-21 RADIO FREQUENCY FACILITY 77,000 77,000 77,000 7,900 84,900
Base
Air Force SOUTH DAKOTA Ellsworth Air Force B-21 WEAPONS GENERATION FACILITY 50,000 50,000 50,000 50,000
Base (INC)
Air Force SPAIN Moron Air Base EDI: RADR STORAGE FACILITY 29,000 29,000 29,000 29,000
Air Force TENNESSEE Arnold Air Force Base ARC HEATER TEST FACILITY DRAGON 38,000 38,000 38,000 38,000
FIRE
Air Force TEXAS Joint Base San Antonio BMT RECRUIT DORMITORY 7 (INC) 90,000 45,000 0 -90,000 0
Air Force TEXAS Joint Base San Antonio- COST TO COMPLETE: BMT RECRUIT 0 5,400 5,400 5,400 5,400
Lackland DORMITORY 8
Air Force TEXAS Joint Base San Antonio- CHILD DEVELOPMENT CENTER 0 29,000 29,000 29,000 29,000
Randolph
Air Force UNITED KINGDOM Royal Air Force COST TO COMPLETE: F-35 PGM 0 0 3,100 3,100 3,100
Lakenheath FACILITY
Air Force UNITED KINGDOM Royal Air Force COST TO COMPLETE: JOINT 0 0 421,000 421,000 421,000
Molesworth INTELLIGENCE ANALYSIS COMPLEX
Air Force UNITED KINGDOM Royal Air Force COST TO COMPLETE: JOINT 0 0 13,000 0
Molesworth INTELLIGENCE ANALYSIS COMPLEX
CONSOLIDATION, PH3
Air Force UTAH Hill Air Force Base GBSD ORGANIC SOFTWARE SUSTAIN CTR 95,000 95,000 95,000 95,000
(INC)
Air Force UTAH Hill Air Force Base GBSD TECHNOLOGY AND COLLABORATION 84,000 84,000 84,000 -40,000 44,000
CENTER
Air Force WASHINGTON Fairchild Air Force ADAL KC-135 FLIGHT SIMULATOR 0 0 8,000 8,000 8,000
Base
Air Force WASHINGTON Fairchild Air Force COST TO COMPLETE: CONSOLIDATE TFI 0 0 7,300 8,000 8,000
Base BASE OPERATIONS
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTER PLANNING 0 0 0 15,000 15,000
Locations & DESIGN FUND
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 237,700 291,818 291,818
Locations EFFECTS
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 746,000 323,400 309,441 309,441
Locations EFFECTS
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: NATURAL DISASTER 0 360,000 0 0
Locations RECOVERY
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide IMPROVING MILITARY INSTALLATION 0 0 0 20,000 20,000
Locations RESILIENCE
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 174,840 0
Locations
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide LAB REVITALIZATION 0 0 0 50,000 50,000
Locations
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 135,794 135,794 135,794 25,000 160,794
Locations
Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide VARLOCS CTC 0 89,000 0 0
Locations
Air Force WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR MILITARY 66,162 66,162 66,162 15,000 81,162
Locations CONSTRUCTION
Air Force WYOMING F.E. Warren Air Force COST TO COMPLETE: WEAPONS STORAGE 0 0 26,000 26,000 26,000
Base FACILITY
Air Force WYOMING F.E. Warren Air Force GBSD INTEGRATED COMMAND CENTER 95,000 95,000 60,800 -50,000 45,000
Base WING A
Air Force WYOMING F.E. Warren Air Force GBSD LAND ACQUISITION 34,000 34,000 34,000 34,000
Base
Air Force WYOMING F.E. Warren Air Force GBSD MISSILE HANDLING COMPLEX WING 47,000 47,000 47,000 47,000
Base A
Air Force WYOMING F.E. Warren Air Force MILITARY WORKING DOG KENNEL 0 0 10,000 10,000 10,000
Base
Military Construction, Air Force Total 2,055,456 3,470,566 3,748,419 1,772,472 3,827,928
........................ ...................... ..................................
DEFENSE-WIDE
Defense-Wide ALABAMA Redstone Arsenal MSIC ADVANCED ANALYSIS FACILITY 0 0 15,000 15,000 15,000
PHASE 2 (INC)
Defense-Wide ALABAMA Redstone Arsenal BACKUP POWER GENERATION 0 10,700 10,700 10,700 10,700
(Missile and Space
Intelligence Center)
Defense-Wide CALIFORNIA Marine Corps Mountain MICROGRID AND BACKUP POWER 0 25,560 25,560 25,560 25,560
Warfare Training
Center Bridgeport
Defense-Wide CALIFORNIA Naval Base Coronado SOF OPERATIONS SUPPORT FACILITY 75,712 75,712 75,712 75,712
Defense-Wide CALIFORNIA Naval Base Ventura GROUND MOUNTED SOLAR PHOTOVOLTAIC 0 13,360 13,360 13,360 13,360
County, Point Mugu SYSTEM
Defense-Wide DELAWARE Dover Air Force Base ARMED SERVICES WHOLE BLOOD 0 0 0 350 350
PROCESSING LABORATORY-EAST
REPLACEMENT (P&D)
Defense-Wide DJIBOUTI Camp Lemonnier ENHANCED ENERGY SECURITY AND 0 24,000 24,000 24,000 24,000
CONTROL SYSTEMS
Defense-Wide FLORIDA Hurlburt Field SOF HUMAN PERFORMANCE TRAINING 9,100 9,100 9,100 9,100
CENTER
Defense-Wide FLORIDA MacDill Air Force Base SOF JOINT MISO WEB OPERATIONS 0 8,730 0 8,730 8,730
FACILITY (P&D)
Defense-Wide FLORIDA MacDill Air Force Base SOF OPERATIONS INTEGRATION 0 50,000 0 50,000 50,000
FACILITY
Defense-Wide FLORIDA Naval Air Station FACILITY ENERGY OPERATIONS CENTER 0 2,400 2,400 2,400 2,400
Jacksonville RENOVATION
Defense-Wide FLORIDA Patrick Space Force UNDERGROUND ELECTRIC DISTRIBUTION 0 8,400 8,400 8,400 8,400
Base SYSTEM
Defense-Wide FLORIDA Patrick Space Force WATER DISTRIBUTION LOOP 0 7,300 7,300 7,300 7,300
Base
Defense-Wide GEORGIA Fort Stewart-Hunter POWER GENERATION AND MICROGRID 0 25,400 25,400 25,400 25,400
Army Airfield
Defense-Wide GEORGIA Naval Submarine Base SCADA MODERNIZATION 0 11,200 11,200 11,200 11,200
Kings Bay
Defense-Wide GERMANY Baumholder BAUMHOLDER ELEMENTARY SCHOOL 71,000 71,000 71,000 35,700 106,700
Defense-Wide GERMANY Baumholder SOF BATTALION ANNEX 22,468 22,468 22,468 22,468
Defense-Wide GERMANY Baumholder SOF COMMUNICATIONS ANNEX 9,885 9,885 9,885 9,885
Defense-Wide GERMANY Baumholder SOF OPERATIONS ANNEX 23,768 23,768 23,768 23,768
Defense-Wide GERMANY Baumholder SOF SUPPORT ANNEX 21,902 21,902 21,902 21,902
Defense-Wide GERMANY Rhine Ordnance MEDICAL CENTER REPLACEMENT (INC 299,790 99,790 24,790 299,790
Barracks 10)
Defense-Wide GERMANY Wiesbaden CLAY KASERNE ELEMENTARY SCHOOL 60,000 60,000 60,000 44,779 104,779
Defense-Wide GUAM Naval Base Guam ELECTRICAL DISTRIBUTION SYSTEM 0 34,360 34,360 34,360 34,360
Defense-Wide HAWAII Joint Base Pearl PRIMARY ELECTRICAL DISTRIBUTION 0 25,000 25,000 25,000 25,000
Harbor-Hickam
Defense-Wide JAPAN Fleet Activities KINNICK HIGH SCHOOL (INC 2) 20,000 20,000 20,000 20,000
Yokosuka
Defense-Wide JAPAN Iwakuni PDI: BULK STORAGE TANKS PH 1 85,000 85,000 85,000 85,000
Defense-Wide JAPAN Kadena Air Base LIGHTING UPGRADES 0 780 780 780 780
Defense-Wide JAPAN Yokota Air Base PDI: BULK STORAGE TANKS PH I (INC) 44,000 44,000 44,000 44,000
Defense-Wide JAPAN Yokota Air Base PDI: OPERATIONS AND WAREHOUSE 72,154 72,154 72,154 72,154
FACILITIES
Defense-Wide KANSAS Fort Riley POWER GENERATION AND MICROGRID 0 25,780 25,780 25,780 25,780
Defense-Wide KUWAIT Camp Arifjan POWER GENERATION AND MICROGRID 0 26,850 26,850 26,850 26,850
Defense-Wide MARYLAND Bethesda Naval MEDCEN ADDITION / ALTERATION (INC 75,500 75,500 75,500 75,500
Hospital 6)
Defense-Wide MARYLAND Fort Meade NSAW MISSION OPS AND RECORDS 140,000 140,000 80,000 -60,000 80,000
CENTER (INC)
Defense-Wide MARYLAND Fort Meade NSAW RECAP BUILDING 4 (INC) 378,000 378,000 318,000 -60,000 318,000
Defense-Wide MARYLAND Fort Meade RECLAIMED WATER INFRASTRUCTURE 0 23,310 23,310 23,310 23,310
EXPANSION
Defense-Wide NORTH CAROLINA Camp Lejeune LEJEUNE SCHOOLS MODERNIZATION 0 0 0 6,600 6,600
(P&D)
Defense-Wide NORTH CAROLINA Fort Bragg ALBRITTON MIDDLE SCHOOL ADDITION 0 0 7,500 7,500 7,500
(P&D)
Defense-Wide NORTH CAROLINA Fort Bragg SOF OPERATIONS BUILDING 18,870 18,870 18,870 18,870
Defense-Wide NORTH CAROLINA Fort Bragg SOF SUPPLY SUPPORT ACTIVITY 15,600 15,600 15,600 15,600
Defense-Wide SOUTH CAROLINA Marine Corps Air FUEL PIER REPLACEMENT (P&D) 0 0 0 900 900
Station Beaufort
Defense-Wide SOUTH CAROLINA Marine Corps Recruit AMBULATORY CARE CENTER REPLACEMENT 0 0 0 4,800 4,800
Depot Parris Island (DENTAL) (P&D)
Defense-Wide TEXAS Fort Hood POWER GENERATION AND MICROGRID 0 31,500 31,500 31,500 31,500
Defense-Wide TEXAS Joint Base San Antonio AMBULATORY CARE CENTER REPLACEMENT 58,600 58,600 58,600 58,600
(DENTAL)
Defense-Wide TEXAS U.S. Army Reserve POWER GENERATION AND MICROGRID 0 9,600 9,600 9,600 9,600
Center, Conroe
Defense-Wide VIRGINIA Dam Neck SOF OPERATIONS BUILDING ADDITION 26,600 26,600 26,600 26,600
Defense-Wide VIRGINIA Naval Support Activity BACKUP POWER GENERATION 0 3,400 3,400 3,400 3,400
Hampton Roads
Defense-Wide VIRGINIA Naval Support Activity PRIMARY DISTRIBUTION SUBSTATION 0 19,000 19,000 19,000 19,000
Hampton Roads
Defense-Wide VIRGINIA NCE Springfield, Ft CHILLED WATER REDUNDANCY 0 1,100 1,100 1,100 1,100
Belvoir
Defense-Wide VIRGINIA Pentagon COMMERCIAL VEHICLE INSPECTION 18,000 18,000 18,000 18,000
FACILITY
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 0 233,520 233,520
Locations EFFECTS
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 39,570 0
Locations EFFECTS (DHA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 30,600 0
Locations EFFECTS (DIA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 22,000 0
Locations EFFECTS (DLA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 42,650 0
Locations EFFECTS (DODEA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 0 81,070 81,070
Locations EFFECTS (ERCIP)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 9,200 0
Locations EFFECTS (NSA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 81,070 0
Locations EFFECTS (OSD)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 79,390 0
Locations EFFECTS (SOCOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 10,110 0
Locations EFFECTS (WHS)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 688,000 0 120,730 120,730
Locations EFFECTS
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 11,720 0
Locations EFFECTS (DHA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 17,000 0
Locations EFFECTS (DLA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 29,200 0
Locations EFFECTS (DODEA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 0 65,800 65,800
Locations EFFECTS (ERCIP)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 65,800 0
Locations EFFECTS (OSD)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 59,210 0
Locations EFFECTS (SOCOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 3,600 0
Locations EFFECTS (WHS)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide DLA PLANNING & DESIGN (DLA) 30,000 30,000 30,000 30,000
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: NATO EASTERN FLANK 0 50,000 0 50,000 50,000
Locations INFRASTRUCTURE SUPPORT (P&D)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ENERGY RESILIENCE AND CONSERV. 329,000 0 0 -329,000 0
Locations INVEST. PROG.
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 0 16,130 0 16,130 16,130
Locations CONSTRUCTION
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 0 0 0 10,100 10,100
Locations CONSTRUCTION (EUCOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 0 0 0 33,360 33,360
Locations CONSTRUCTION (INDOPACOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 18,644 18,644 18,644 18,644
Locations CONSTRUCTION (TJS)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE-RELATED MINOR 0 0 0 500 500
Locations CONSTRUCTION P&D (EUCOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide IMPROVING MILITARY INSTALLATION 0 0 0 15,000 15,000
Locations RESILIENCE
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide INDOPACOM- RED HILL FUEL 0 75,000 0 25,000 25,000
Locations DISTRIBUTION (P&D)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 181,426 0
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (DEFENSE-WIDE) 26,689 26,689 26,689 25,000 51,689
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (DHA) 33,227 33,227 33,227 33,227
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (DODEA) 20,086 20,086 20,086 20,086
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (ERCIP) 224,250 224,250 224,250 224,250
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (MDA) 47,063 47,063 47,063 47,063
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (NSA) 9,618 9,618 9,618 9,618
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (SOCOM) 26,978 26,978 26,978 26,978
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (TJS) 2,360 2,360 2,360 2,360
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN (WHS) 2,106 2,106 2,106 2,106
Locations
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 3,000 3,000 3,000 20,000 23,000
Locations CONSTRUCTION (DEFENSE-WIDE)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 15,000 15,000 15,000 15,000
Locations CONSTRUCTION (DHA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 8,000 8,000 8,000 8,000
Locations CONSTRUCTION (DODEA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 0 0 16,130 16,130 16,130
Locations CONSTRUCTION (INDOPACOM)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 6,000 6,000 6,000 6,000
Locations CONSTRUCTION (NSA)
Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 36,726 36,726 36,726 36,726
Locations CONSTRUCTION (SOCOM)
Defense-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR MILITARY 31,702 31,702 31,702 31,702
Locations CONSTRUCTION (DLA)
Military Construction, Defense-Wide Total 2,416,398 3,104,258 2,742,574 766,699 3,183,097
........................ ...................... ..................................
ARMY NATIONAL GUARD
Army National Guard ALASKA Joint Base Elmendorf- AIRCRAFT MAINTENANCE HANGAR 0 0 63,000 63,000 63,000
Richardson
Army National Guard ARKANSAS Camp Robinson AUTOMATED MULTIPURPOSE MACHINE GUN 0 0 9,500 9,500 9,500
RANGE
Army National Guard DELAWARE River Road Training NATIONAL GUARD READINESS CENTER 16,000 16,000 16,000 16,000
Site
Army National Guard FLORIDA Camp Blanding AUTOMATED MULTIPURPOSE MACHINE GUN 0 8,500 0 8,500 8,500
RANGE
Army National Guard FLORIDA Camp Blanding SCOUT RECCE GUNNERY COMPLEX 0 16,200 0 16,200 16,200
Army National Guard FLORIDA Gainesville NATIONAL GUARD READINESS CENTER 0 0 21,000 21,000 21,000
Army National Guard FLORIDA Palm Coast Flagler Rc NATIONAL GUARD VEHICLE MAINTENANCE 12,000 12,000 12,000 12,000
Fms 9 SHOP
Army National Guard GEORGIA Fort Gordon NATIONAL GUARD/RESERVE CENTER 0 0 0 2,100 2,100
BUILDING (P&D)
Army National Guard HAWAII Kalaeloa NATIONAL GUARD READINESS CENTER 29,000 29,000 29,000 29,000
ADDITION
Army National Guard ILLINOIS Chicago NATIONAL GUARD READINESS CENTER 0 0 0 3,500 3,500
ALTERATION (P&D)
Army National Guard INDIANA Atlanta Readiness NATIONAL GUARD READINESS CENTER 20,000 20,000 20,000 20,000
Center
Army National Guard IOWA West Des Moines Armory NATIONAL GUARD READINESS CENTER 15,000 15,000 15,000 15,000
Army National Guard LOUISIANA Abbeville NATIONAL GUARD READINESS CENTER 0 1,650 0 1,650 1,650
(P&D)
Army National Guard LOUISIANA Camp Beauregard ENERGY RESILIENCE CONSERVATION 0 765 0 765 765
INVESTMENT PROGRAM PROJECT (P&D)
Army National Guard MAINE Saco SOUTHERN MAINE READINESS CENTER 0 0 0 3,000 3,000
(P&D)
Army National Guard MAINE Woodville Training RANGE COMPLEX (P&D) 0 0 0 1,400 1,400
Center
Army National Guard MICHIGAN Grayling Airfield NATIONAL GUARD READINESS CENTER 16,000 16,000 16,000 16,000
Army National Guard MINNESOTA New Ulm Armory and Fms NATIONAL GUARD READINESS CENTER 17,000 17,000 17,000 17,000
Army National Guard MISSOURI Aviation AIRCRAFT MAINTENANCE HANGAR 0 0 0 5,600 5,600
Classification Repair ADDITION PHASE IV (P&D)
Activity Depot
Army National Guard NEVADA Harry Reid Training NATIONAL GUARD READINESS CENTER 18,000 18,000 18,000 18,000
Center ADD/ALT
Army National Guard NEW HAMPSHIRE Concord NATIONAL GUARD WELLNESS CENTER 0 0 0 2,000 2,000
(P&D)
Army National Guard NEW MEXICO Rio Rancho VEHICLE MAINTENANCE SHOP (P&D) 0 0 0 600 600
Army National Guard NEW YORK Glenmore Rd Armory/Fms NATIONAL GUARD VEHICLE MAINTENANCE 17,000 17,000 17,000 17,000
17 SHOP
Army National Guard NEW YORK Lexington Armory NATIONAL GUARD READINESS CENTER 0 0 3,580 3,580 3,580
ADDITION/ ALTERATION (P&D)
Army National Guard NORTH CAROLINA Mcleansville Camp NATIONAL GUARD VEHICLE MAINTENANCE 15,000 15,000 15,000 15,000
Burton Road SHOP
Army National Guard NORTH CAROLINA Morrisville ARMY AVIATION FLIGHT FACILITY #1 0 0 0 4,500 4,500
(P&D)
Army National Guard OREGON Camp Umatilla COLLECTIVE TRAINING UNACCOMPANIED 0 0 14,243 14,243 14,243
HOUSING
Army National Guard PENNSYLVANIA Fort Indiantown Gap EASTERN ARNG AVIATION TRAINING 0 0 0 2,700 2,700
SITE (EAATS) POST-INITIAL
MILITARY TRAINING UNACCOMPANIED
HOUSING (P&D)
Army National Guard PENNSYLVANIA New Castle NATIONAL GUARD READINESS CENTER 0 0 0 2,360 2,360
(P&D)
Army National Guard PUERTO RICO Camp Santiago Joint ENGINEERING/HOUSING MAINTENANCE 14,500 14,500 14,500 14,500
Maneuver Training SHOPS (DPW)
Center
Army National Guard TENNESSEE Smyrna Volunteer ARMY MAINTENANCE HANGAR (P&D) 0 0 780 780 780
Training Site
Army National Guard VERMONT Bennington NATIONAL GUARD READINESS CENTER 14,800 14,800 0 -14,800 0
Army National Guard VERMONT Ethan Allen Air Force CIVIL SUPPORT TEAM FACILITY (P&D) 0 0 0 1,300 1,300
Base
Army National Guard VERMONT Ethan Allen Air Force MICRO-GRID SYSTEM (P&D) 0 0 0 1,170 1,170
Base
Army National Guard VERMONT Ethan Allen Firing CANTONMENT AREA FOR TRAINING (P&D) 0 0 0 3,500 3,500
Range
Army National Guard VERMONT Ethan Allen Firing CASTLE TRAIL BYPASS (ALL SEASON 0 0 0 500 500
Range ROAD) (P&D)
Army National Guard WEST VIRGINIA Buckhannon Brushy Fork NATIONAL GUARD READINESS CENTER 14,000 14,000 14,000 14,000
ADD/ALT
Army National Guard WEST VIRGINIA Martinsburg NATIONAL GUARD READINESS CENTER 0 0 0 1,500 1,500
(P&D)
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY21 INFLATION 0 0 0 63,825 63,825
Locations EFFECTS
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 54,610 89,786 89,786
Locations EFFECTS
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 138,600 65,200 137,339 137,339
Locations EFFECTS
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 8,470 0
Locations EFFECTS (P&D)
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 15,210 0
Locations EFFECTS (UMMC)
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 48,459 0
Locations
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 28,245 28,245 32,745 10,000 38,245
Locations
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide UNACCOMPANIED BARRACKS PLANNING 0 0 0 15,243 15,243
Locations AND DESIGN
Army National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 35,933 40,279 61,333 20,000 55,933
Locations CONSTRUCTION
Army National Guard WYOMING Camp Guernsey AVIATION OPERATIONS AND FIRE 0 0 19,500 19,500 19,500
RESCUE BUILDING
Army National Guard WYOMING Ts NG Sheridan NATIONAL GUARD VEHICLE MAINTENANCE 14,800 14,800 14,800 14,800
SHOP
Military Construction, Army National Guard Total 297,278 467,339 635,930 515,841 813,119
........................ ...................... ..................................
ARMY RESERVE
Army Reserve CALIFORNIA Camp Pendleton AREA MAINTENANCE SUPPORT ACTIVITY 0 0 13,000 13,000 13,000
Army Reserve FLORIDA Perrine ARMY RESERVE CENTER/AMSA 46,000 46,000 46,000 46,000
Army Reserve GEORGIA Dobbins Air Reserve ARMY RESERVE CENTER (P&D) 0 0 0 5,000 5,000
Base
Army Reserve MASSACHUSETTS Fort Devens COST TO COMPLETE: MULTI-PURPOSE 0 0 3,000 3,000 3,000
MACHINE GUN RANGE
Army Reserve MICHIGAN Southfield COST TO COMPLETE: AREA MAINTENANCE 0 0 1,600 1,600 1,600
SHOP
Army Reserve NORTH CAROLINA Asheville COST TO COMPLETE: ARMY RESERVE 0 0 2,000 2,000 2,000
CENTER
Army Reserve OHIO Wright-Patterson Air AREA MAINTENANCE SUPPORT ACTIVITY 0 0 16,000 16,000 16,000
Force Base
Army Reserve OHIO Wright-Patterson Air COST TO COMPLETE: ARMY RESERVE 0 0 2,000 2,000 2,000
Force Base CENTER
Army Reserve PUERTO RICO Fort Buchanan ARMY RESERVE CENTER 24,000 24,000 24,000 24,000
Army Reserve WASHINGTON Yakima EQUIPMENT CONCENTRATION SITE 0 0 22,000 22,000 22,000
WAREHOUSE
Army Reserve WISCONSIN Fort McCoy TRANSIENT TRAINING ENLISTED 0 0 38,000 38,000 38,000
BARRACKS
Army Reserve WISCONSIN Fort McCoy TRANSIENT TRAINING OFFICER 0 0 26,000 26,000 26,000
BARRACKS
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide BARRACKS PLANNING AND DESIGN 0 0 3,000 3,000 3,000
Locations
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY21 INFLATION 0 0 0 28,950 28,950
Locations EFFECTS
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 70,000 16,000 16,000
Locations EFFECTS
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 37,300 21,000 93,000 93,000
Locations EFFECTS
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 2,950 0
Locations EFFECTS (P&D)
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 6,000 0
Locations EFFECTS (UMMC)
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 27,842 0
Locations
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 0 0 20,000 20,000 20,000
Locations
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 9,829 9,829 9,829 20,000 29,829
Locations
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide UNACCOMPANIED BARRACKS PLANNING 0 0 0 20,000 20,000
Locations AND DESIGN
Army Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 20,049 20,049 45,049 20,000 40,049
Locations CONSTRUCTION
Military Construction, Army Reserve Total 99,878 137,178 399,270 349,550 449,428
........................ ...................... ..................................
NAVY RESERVE & MARINE CORPS RESERVE
Navy/Marine Corps HAWAII Marine Corps Base C-40 AIRCRAFT MAINTENANCE HANGAR 0 0 7,000 40,000 40,000
Reserve Kaneohe Bay
Navy/Marine Corps MICHIGAN Marine Forces Reserve ORGANIC SUPPLY FACILITIES 0 0 24,300 24,300 24,300
Reserve Battle Creek
Navy/Marine Corps VIRGINIA Marine Forces Reserve G/ATOR SUPPORT FACILITIES 0 0 10,400 10,400 10,400
Reserve Dam Neck Virginia
Beach
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 7,850 7,854 7,854
Reserve Locations EFFECTS
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 19,500 0 0
Reserve Locations EFFECTS
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 25,863 0
Reserve Locations
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 2,500 0
Reserve Locations EFFECTS (UMMC)
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 250 0
Reserve Locations EFFECTS (P&D)
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 110 0
Reserve Locations EFFECTS (P&D)
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide MCNR UNSPECIFIED MINOR 27,747 18,747 27,747 -9,000 18,747
Reserve Locations CONSTRUCTION
Navy/Marine Corps WORLDWIDE UNSPECIFIED Unspecified Worldwide USMCR PLANNING & DESIGN 2,590 2,590 2,590 2,590
Reserve Locations
Military Construction, Navy Reserve Total 30,337 40,837 108,610 73,554 103,891
........................ ...................... ..................................
AIR NATIONAL GUARD
Air National Guard ALABAMA Birmingham SECURITY AND SERVICES TRAINING 7,500 7,500 7,500 -7,500 0
International Airport FACILITY
Air National Guard ALABAMA Montgomery Regional F-35 WEAPONS LOAD CREW TRAINING 0 6,800 9,200 9,200 9,200
Airport
Air National Guard ARIZONA Morris Air National BASE ENTRY COMPLEX 0 12,000 12,000 12,000 12,000
Guard Base
Air National Guard ARIZONA Tucson International LAND ACQUISITION 10,000 10,000 10,000 10,000
Airport
Air National Guard FLORIDA Jacksonville F-35 CONSTRUCT FLIGHT SIMULATOR 22,200 22,200 22,200 22,200
International Airport FACILITY
Air National Guard FLORIDA Jacksonville F-35 MUNITIONS MAINTENANCE & 0 530 0 530 530
International Airport INSPECTION FACILITY (P&D)
Air National Guard FLORIDA Jacksonville F-35 MUNITIONS STORAGE AREA 0 730 0 770 770
International Airport ADMINISTRATION & PAD (P&D)
Air National Guard ILLINOIS Scott Air Force Base MAINTENANCE HANGAR & SHOPS (P&D) 0 0 0 2,500 2,500
Air National Guard INDIANA Fort Wayne MUNITIONS MAINTENANCE & STORAGE 12,800 12,800 12,800 12,800
International Airport COMPLEX
Air National Guard LOUISIANA New Orleans MUNITIONS ADMINISTRATIVE FACILITY 0 1,650 0 1,650 1,650
(P&D)
Air National Guard MISSOURI Jefferson Barracks Air COMBAT ARMS TRAINING AND 0 0 0 730 730
Guard Station MAINTENANCE FACILITY (P&D)
Air National Guard MISSOURI Jefferson Barracks Air CONSOLIDATED AIR OPERATIONS GROUP 0 0 2,100 2,100 2,100
Guard Station (157TH AIR OPERATIONS GROUP)
(P&D)
Air National Guard MISSOURI Rosecrans Air National MAINTENANCE HANGAR (P&D) 0 0 0 3,400 3,400
Guard Base
Air National Guard MISSOURI Rosecrans Air National PARKING APRON (P&D) 0 0 0 2,000 2,000
Guard Base
Air National Guard NEW HAMPSHIRE Pease Air National SMALL ARMS RANGE (P&D) 0 0 0 2,000 2,000
Guard Base
Air National Guard NEW JERSEY Atlantic City ADAL MAIN HANGAR (P&D) 0 0 0 3,000 3,000
International Airport
Air National Guard OHIO Rickenbacker Air SMALL ARMS RANGE 0 0 0 8,000 8,000
National Guard Base
Air National Guard RHODE ISLAND Quonset State Airport CONSOLIDATED HEADQUARTERS MEDICAL 0 0 35,000 35,000 35,000
& DINING FACILITY
Air National Guard TENNESSEE McGhee Tyson Airport KC-135 MAINTENANCE SHOPS 23,800 23,800 23,800 23,800
Air National Guard VERMONT Burlington CYBER OPERATIONS SQUADRON BUILDING 0 0 0 1,000 1,000
International Airport (P&D)
Air National Guard WEST VIRGINIA Mclaughlin Air C-130J APRON EXPANSION 0 0 10,000 10,000 10,000
National Guard Base
Air National Guard WEST VIRGINIA Mclaughlin Air INDOOR SMALL ARMS RANGE (P&D) 0 0 0 640 640
National Guard Base
Air National Guard WEST VIRGINIA Mclaughlin Air SQUADRON OPERATIONS BUILDING (P&D) 0 0 0 1,500 1,500
National Guard Base
Air National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 72,400 67,800 67,800
Locations EFFECTS
Air National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 122,900 17,700 33,900 33,900
Locations EFFECTS
Air National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 54,236 0
Locations
Air National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 28,412 28,412 28,412 12,000 40,412
Locations
Air National Guard WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 44,171 44,171 44,171 13,000 57,171
Locations CONSTRUCTION
Military Construction, Air National Guard Total 148,883 293,493 361,519 215,220 364,103
........................ ...................... ..................................
AIR FORCE RESERVE
Air Force Reserve ARIZONA Davis Monthan Air 610TH CACS COMMAND & CONTROL 0 0 8,000 8,000 8,000
Force Base FACILITY
Air Force Reserve CALIFORNIA Beale Air Force Base 940 ARW SQUAD OPS/AMU 33,000 33,000 0 -33,000 0
Air Force Reserve MASSACHUSETTS Westover Air Reserve TAXIWAY GOLF EXTENSION (P&D) 0 0 1,900 1,900 1,900
Base
Air Force Reserve MISSISSIPPI Keesler Air Force Base AEROMEDICAL EVACUATION TRAINING 0 0 10,000 10,000 10,000
FACILITY
Air Force Reserve NEW YORK Niagara Falls Arsenal COMBINED OPERATIONS AND ALERT 0 0 0 2,800 2,800
FACILITY (P&D)
Air Force Reserve OKLAHOMA Tinker Air Force Base 10TH FLIGHT TEST SQUADRON FACILITY 0 0 12,500 12,500 12,500
Air Force Reserve VIRGINIA Langley Air Force Base INTELLIGENCE GROUP FACILITY 0 10,500 10,500 10,500 10,500
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 11,800 11,800 11,800
Locations EFFECTS
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 46,600 4,500 37,500 37,500
Locations EFFECTS
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 26,611 0
Locations
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 11,773 11,773 11,773 10,000 21,773
Locations
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR MILITARY 11,850 11,850 11,850 20,000 31,850
Locations CONSTRUCTION
Air Force Reserve WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED UPL PROJECT 0 0 0 0
Locations
Military Construction, Air Force Reserve Total 56,623 113,723 109,434 92,000 148,623
........................ ...................... ..................................
NATO SECURITY INVESTMENT PROGRAM
NATO WORLDWIDE UNSPECIFIED NATO Security INFLATION & MARKET ADJUSTMENT FUND 0 0 5,980 0
Investment Program
NATO WORLDWIDE UNSPECIFIED NATO Security NATO SECURITY INVESTMENT PROGRAM 210,139 210,139 210,139 210,139
Investment Program
NATO Security Investment Program Total 210,139 210,139 216,119 0 210,139
........................ ...................... ..................................
FAMILY HOUSING CONSTRUCTION, ARMY
FH Con, Army GERMANY Baumholder COST TO COMPLETE: FY19 FAMILY 0 0 48,100 48,100 48,100
HOUSING NEW CONSTRUCTION
FH Con, Army GERMANY Baumholder COST TO COMPLETE: FY20 FAMILY 0 0 57,222 57,222 57,222
HOUSING NEW CONSTRUCTION
FH Con, Army GERMANY Baumholder COST TO COMPLETE: FY23 FAMILY 0 0 16,500 16,500 16,500
HOUSING NEW CONSTRUCTION
FH Con, Army GERMANY Baumholder FAMILY HOUSING IMPROVEMENTS 0 0 20,000 20,000 20,000
FH Con, Army GERMANY Baumholder FAMILY HOUSING REPLACEMENT 57,000 57,000 57,000 57,000
CONSTRUCTION
FH Con, Army GERMANY Vilseck COST TO COMPLETE: FAMILY HOUSING 0 0 13,000 13,000 13,000
NEW CONSTRUCTION
FH Con, Army ITALY Vicenza COST TO COMPLETE: FY21 FAMILY 0 0 16,510 16,510 16,510
HOUSING NEW CONSTRUCTION
FH Con, Army ITALY Vicenza COST TO COMPLETE: FY22 FAMILY 0 0 7,280 7,280 7,280
HOUSING NEW CONSTRUCTION
FH Con, Army ITALY Vicenza COST TO COMPLETE: FY23 FAMILY 0 0 27,750 27,750 27,750
HOUSING NEW CONSTRUCTION
FH Con, Army ITALY Vicenza FAMILY HOUSING NEW CONSTRUCTION 95,000 95,000 40,000 -55,000 40,000
FH Con, Army KWAJALEIN Kwajalein Atoll COST TO COMPLETE: FAMILY HOUSING 0 0 47,060 47,060 47,060
REPLACEMENT
FH Con, Army KWAJALEIN Kwajalein Atoll COST TO COMPLETE: FAMILY HOUSING 0 0 0 39,400 39,400
REPLACEMENT (FY21)
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FAMILY HOUSING 0 0 0 138,783 138,783
Locations CONSTRUCTION
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY21 INFLATION 0 0 0 202,682 202,682
Locations EFFECTS
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 24,290 29,800 29,800
Locations EFFECTS
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 49,200 73,050 73,050
Locations EFFECTS
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 5,200 0
Locations EFFECTS (P&D)
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FAMILY HOUSING P&D 17,339 17,339 17,339 17,339
Locations
FH Con, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 4,819 0
Locations
Family Housing Construction, Army Total 169,339 169,339 451,270 682,137 851,476
........................ ...................... .................................. 0 0
FAMILY HOUSING O&M, ARMY
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 22,911 22,911 22,911 22,911
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT 65,740 65,740 65,740 5,000 70,740
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 12,103 0
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 127,499 127,499 127,499 127,499
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 117,555 117,555 117,555 117,555
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 45,718 45,718 45,718 5,000 50,718
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 559 559 559 559
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 9,580 9,580 9,580 9,580
Locations
FH Ops, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 46,849 46,849 46,849 46,849
Locations
Family Housing Operation and Maintenance, Army Total 436,411 436,411 448,514 10,000 446,411
........................ ...................... ..................................
FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
FH Con, Navy DISTRICT OF COLUMBIA United States Marine DESIGN 7,043 7,043 7,043 7,043
Corps Headquarters
FH Con, Navy DISTRICT OF COLUMBIA United States Marine IMPROVEMENTS 74,540 74,540 74,540 74,540
Corps Headquarters
FH Con, Navy GUAM Naval Support Activity REPLACE ANDERSEN HOUSING PH IV 86,390 86,390 86,390 12,095 98,485
Andersen
FH Con, Navy GUAM Naval Support Activity REPLACE ANDERSEN HOUSING PH V 93,259 93,259 93,259 13,056 106,315
Andersen
FH Con, Navy GUAM Naval Support Activity REPLACE ANDERSEN HOUSING PH VI 68,985 68,985 68,985 68,985
Andersen
FH Con, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY22 INFLATION 0 0 240 0
Locations EFFECTS
FH Con, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide COST TO COMPLETE: FY23 INFLATION 0 0 0 45,244 45,244
Locations EFFECTS
FH Con, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 9,597 0
Locations
FH Con, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide USMC DPRI/GUAM PLANNING & DESIGN 7,080 7,080 7,080 7,080
Locations
Family Housing Construction, Navy and Marine Corps Total 337,297 337,297 347,134 70,395 407,692
........................ ...................... ..................................
FAMILY HOUSING O&M, NAVY & MARINE CORPS
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 16,182 16,182 16,182 16,182
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT 61,605 61,605 61,605 5,000 66,605
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 8,664 0
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 66,333 66,333 66,333 66,333
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 105,470 105,470 105,470 105,470
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 59,312 59,312 59,312 5,000 64,312
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 411 411 411 411
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 16,494 16,494 16,494 16,494
Locations
FH Ops, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 42,417 42,417 42,417 42,417
Locations
Family Housing Operation and Maintenance, Navy and Marine Corps Total 368,224 368,224 376,888 10,000 378,224
........................ ...................... ..................................
FAMILY HOUSING CONSTRUCTION, AIR FORCE
FH Con, Air Force DELAWARE Dover Air Force Base MHPI RESTRUCTURE 25,492 25,492 25,492 25,492
FH Con, Air Force FLORIDA Tyndall Air Force Base AETC RESTRUCTURING 150,685 150,685 150,685 150,685
FH Con, Air Force ILLINOIS Scott Air Force Base MHPI RESTRUCTURE 52,003 52,003 52,003 52,003
FH Con, Air Force JAPAN Kadena Air Base FAMILY HOUSING NORTH TERRANCE 0 0 3,800 3,800 3,800
IMPROVEMENT, PHASE 2 (4 UNITS)
FH Con, Air Force MARYLAND Andrews Air Force Base MHPI EQUITY CONTRIBUTION CMSSF 1,878 1,878 1,878 1,878
HOUSE
FH Con, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide FAMILY HOUSING CONSTRUCTION P&D 0 0 15,000 15,000 15,000
FH Con, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 6,444 0
Locations
FH Con, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 2,730 2,730 2,730 2,730
Locations
Family Housing Construction, Air Force Total 232,788 232,788 258,032 18,800 251,588
........................ ...................... ..................................
FAMILY HOUSING O&M, AIR FORCE
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 27,379 27,379 27,379 27,379
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION 33,517 33,517 33,517 5,000 38,517
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 8,306 0
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 7,882 7,882 7,882 7,882
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 150,375 150,375 150,375 150,375
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 77,042 77,042 77,042 5,000 82,042
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 2,240 2,240 2,240 2,240
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 10,570 10,570 10,570 10,570
Locations
FH Ops, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 46,217 46,217 46,217 46,217
Locations
Family Housing Operation and Maintenance, Air Force Total 355,222 355,222 363,528 10,000 365,222
........................ ...................... ..................................
FAMILY HOUSING O&M, DEFENSE-WIDE
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 87 87 87 87
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 656 656 656 656
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 13,306 13,306 13,306 13,306
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 31,849 31,849 31,849 31,849
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 34 34 34 34
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 15 15 15 15
Locations
FH Ops, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 4,166 4,166 4,166 4,166
Locations
Family Housing Operation and Maintenance, Defense-Wide Total 50,113 50,113 50,113 0 50,113
........................ ...................... ..................................
FAMILY HOUSING IMPROVEMENT FUND
FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--FHIF 6,442 6,442 6,442 6,442
Locations
FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 184 0
Locations
Family Housing Improvement Fund Total 6,442 6,442 6,626 0 6,442
........................ ...................... ..................................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
UHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--UHIF 494 494 494 494
Locations
Unaccompanied Housing Improvement Fund Total 494 494 494 0 494
........................ ...................... ..................................
BASE REALIGNMENT AND CLOSURE, ARMY
BRAC, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 67,706 117,706 67,706 50,000 117,706
Locations
BRAC, Army WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 1,927 0
Locations
Base Realignment and Closure--Army Total 67,706 117,706 69,633 50,000 117,706
........................ ...................... ..................................
BASE REALIGNMENT AND CLOSURE, NAVY
BRAC, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 106,664 156,664 106,664 50,000 156,664
Locations
BRAC, Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 2,767 0
Locations
Base Realignment and Closure--Navy Total 106,664 156,664 109,431 50,000 156,664
........................ ...................... ..................................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
BRAC, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 107,311 107,311 107,311 50,000 157,311
Locations
BRAC, Air Force WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 3,053 0
Locations
Base Realignment and Closure--Air Force Total 107,311 107,311 110,364 50,000 157,311
........................ ...................... ..................................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
BRAC, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide INFLATION & MARKET ADJUSTMENT FUND 0 0 85 0
Locations
BRAC, Defense-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide INT-4: DLA ACTIVITIES 3,006 3,006 3,006 3,006
Locations
Base Realignment and Closure--Defense-wide Total 3,006 3,006 3,091 0 3,006
........................ ...................... ..................................
Total, Military Construction 12,153,965 16,468,588 17,353,668 7,331,758 19,485,723
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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 Senate Conference Conference
Program Request House Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 156,600 0 0 0 156,600
Atomic Energy Defense Activities
National Nuclear Security
Administration:
Weapons Activities................ 16,486,298 724,500 604,000 873,500 17,359,798
Defense Nuclear Nonproliferation.. 2,346,257 2,000 -15,000 7,000 2,353,257
Naval Reactors.................... 2,081,445 0 0 0 2,081,445
Federal Salaries and Expenses..... 496,400 0 0 0 496,400
Total, National Nuclear Security 21,410,400 726,500 589,000 880,500 22,290,900
Administration.....................
Defense Environmental Cleanup....... 6,914,532 314,671 -376,000 -111,921 6,802,611
Defense Uranium Enrichment D&D...... 0 0 0 0 0
Other Defense Activities............ 978,351 0 0 0 978,351
Total, Atomic Energy Defense 29,303,283 1,041,171 213,000 768,579 30,071,862
Activities...........................
Total, Discretionary Funding.............. 29,459,883 1,041,171 213,000 768,579 30,228,462
Nuclear Energy
Safeguards and security................. 156,600 0 0 0 156,600
Total, Nuclear Energy..................... 156,600 0 0 0 156,600
National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 672,019 0 0 0 672,019
W88 Alteration program.............. 162,057 0 0 0 162,057
W80-4 Life extension program........ 1,122,451 0 0 0 1,122,451
W80-4 ALT SLCM...................... 0 20,000 20,000 20,000 20,000
Program increase................ (20,000)
Research and development for a (20,000) (20,000)
nuclear warhead for a nuclear-
capable sea-launched cruise
missile........................
W87-1 Modification Program.......... 680,127 0 0 0 680,127
W93................................. 240,509 0 0 0 240,509
Subtotal, Stockpile major 2,877,163 20,000 20,000 20,000 2,897,163
modernization........................
Stockpile sustainment..................... 1,321,139 0 0 0 1,321,139
Weapons dismantlement and disposition..... 50,966 0 0 0 50,966
Production operations..................... 630,894 0 0 0 630,894
Nuclear enterprise assurance.............. 48,911 0 0 0 48,911
Total, Stockpile management............. 4,929,073 20,000 20,000 20,000 4,949,073
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations. 767,412 0 0 0 767,412
21-D-512, Plutonium Pit 588,234 0 0 0 588,234
Production Project, LANL.......
15-D-302, TA-55 Reinvestments 30,002 0 0 0 30,002
Project, Phase 3, LANL.........
07-D-220-04, Transuranic Liquid 24,759 0 0 0 24,759
Waste Facility, LANL...........
04-D-125, Chemistry and 162,012 0 0 0 162,012
Metallurgy Research Replacement
Project, LANL..................
Subtotal, Los Alamos Plutonium 1,572,419 0 0 0 1,572,419
Modernization....................
Savannah River Plutonium Modernization
Savannah River Plutonium 58,300 0 0 0 58,300
Operations.....................
21-D-511, Savannah River 700,000 375,000 500,000 500,000 1,200,000
Plutonium Processing Facility,
SRS............................
Program increase--glovebox (200,000) (200,000)
long lead procurement......
Program increase--long lead (100,000) (100,000)
items......................
Program increase--demolition (165,000) (165,000)
of MOX buildling...........
Program increase--site prep. (35,000) (35,000)
NNSA unfunded priority...... (375,000)
Subtotal, Savannah River Plutonium 758,300 375,000 500,000 500,000 1,258,300
Modernization....................
Enterprise Plutonium Support.......... 88,993 0 0 0 88,993
Total, Plutonium Modernization.......... 2,419,712 375,000 500,000 500,000 2,919,712
High Explosives & Energetics
High Explosives & Energetics.... 101,380 0 0 0 101,380
23-D-516, Energetic Materials 19,000 0 0 0 19,000
Characterization Facility, LANL
21-D-510, HE Synthesis, 108,000 25,000 0 25,000 133,000
Formulation, and Production, PX
Project risk reduction...... (25,000) (25,000)
15-D-301, HE Science & 20,000 10,000 0 10,000 30,000
Engineering Facility, PX.......
Project risk reduction...... (10,000) (10,000)
Subtotal, High Explosives & 248,380 35,000 0 0 283,380
Energetics.......................
Total, Primary Capability Modernization... 2,668,092 410,000 500,000 535,000 3,203,092
Secondary Capability Modernization
Secondary Capability Modernization...... 536,363 0 8,000 8,000 544,363
Program increase--calciner.......... (8,000) (8,000)
18-D-690, Lithium Processing Facility, Y- 216,886 0 0 0 216,886
12.....................................
06-D-141, Uranium Processing Facility, Y- 362,000 0 0 0 362,000
12.....................................
Total, Secondary Capability Modernization. 1,115,249 0 8,000 8,000 1,123,249
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment. 506,649 0 0 0 506,649
18-D-650, Tritium Finishing Facility, 73,300 0 0 0 73,300
SRS....................................
Total, Tritium and Domestic Uranium 579,949 0 0 0 579,949
Enrichment...............................
Non-Nuclear Capability Modernization...... 123,084 0 0 0 123,084
Capability Based Investments.............. 154,220 0 0 0 154,220
Total, Production Modernization......... 4,640,594 410,000 508,000 543,000 5,183,594
Stockpile research, technology, and
engineering
Assessment Science
Assessment Science.................. 801,668 60,000 0 60,000 861,668
Enhanced Capability for (70,000) (60,000)
Subcritical Experiments (ECSE)
and Hydrodynamic and Subcritical
Experiment Execution Support.....
Program decrease.................. (-10,000)
17-D-640, U1a Complex Enhancements 53,130 0 0 0 53,130
Project, NNSS......................
Total, Assessment Science............. 854,798 60,000 0 60,000 914,798
Engineering and integrated assessments 366,455 0 0 0 366,455
Inertial confinement fusion........... 544,095 80,000 40,000 80,000 624,095
Program increase.................... (80,000) (80,000)
Program increase.................... (40,000)
Advanced simulation and computing..... 742,646 99,500 10,000 99,500 842,146
Program increase.................... (99,500) (99,500)
Program increase.................... (10,000)
Weapon technology and manufacturing 286,165 10,000 0 10,000 296,165
maturation...........................
Program increase.................... (10,000) (10,000)
Academic programs..................... 100,499 0 0 0 100,499
Total, Stockpile research, technology, 2,894,658 249,500 50,000 249,500 3,144,158
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,038,000 0 8,000 8,000 1,046,000
Program increase................ (8,000) (8,000)
Safety and Environmental Operations. 162,000 0 0 0 162,000
Maintenance and Repair of Facilities 680,000 45,000 10,000 45,000 725,000
Deferred maintenance............ (45,000) (45,000)
Program increase................ (10,000)
Recapitalization
Infrastructure and Safety......... 561,663 0 0 0 561,663
Planning for Programmatic 0 0 0 0 0
Construction (Pre-CD-1)..........
Subtotal, Recapitalization.......... 561,663 0 0 0 561,663
Total, Operating...................... 2,441,663 45,000 18,000 53,000 2,494,663
Mission enabling construction
22-D-514 Digital Infrastructure 67,300 0 0 0 67,300
Capability Expansion...............
22-D-517 Electrical Power Capacity 24,000 0 0 0 24,000
Upgrade, LANL......................
22-D-518 Plutonium Modernization Ops 48,500 0 0 0 48,500
& Waste Mngmt Office Bldg, LANL....
23-D-519 Special Material Facility, 49,500 0 0 0 49,500
Y-12...............................
Total, Mission enabling construction.. 189,300 0 0 0 189,300
Total, Infrastructure and operations.... 2,630,963 45,000 18,000 53,000 2,683,963
Secure transportation asset
Operations and equipment.............. 214,367 0 0 0 214,367
Program direction..................... 130,070 0 0 0 130,070
Total, Secure transportation asset...... 344,437 0 0 0 344,437
Defense nuclear security
Operations and maintenance............ 878,363 0 0 0 878,363
Construction:
17-D-710, West end protected area 3,928 0 8,000 8,000 11,928
reduction project, Y-12............
Program increase................ (8,000) (8,000)
Subtotal, Construction................ 3,928 0 8,000 8,000 11,928
Total, Defense nuclear security......... 882,291 0 8,000 8,000 890,291
Information technology and cybersecurity.. 445,654 0 0 0 445,654
Legacy contractor pensions and settlement 114,632 0 0 0 114,632
payments.................................
Total, Weapons Activities................. 16,882,302 724,500 604,000 873,500 17,755,802
Adjustments
Use of prior year balances............ -396,004 0 0 0 -396,004
Total, Adjustments........................ -396,004 0 0 0 -396,004
Total, Weapons Activities................. 16,486,298 724,500 604,000 873,500 17,359,798
Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor 153,260 0 0 0 153,260
Conversion)..........................
Nuclear material removal.............. 41,600 0 0 0 41,600
Material disposition.................. 256,025 0 0 0 256,025
Total, Material management & 450,885 0 0 0 450,885
minimization...........................
Global material security
International nuclear security........ 81,155 2,000 0 0 81,155
NA-82 Counterproliferation (2,000)
classified program increase......
Radiological security................. 244,827 0 0 0 244,827
Nuclear smuggling detection and 178,095 0 0 0 178,095
deterrence...........................
Total, Global material security......... 504,077 2,000 0 0 504,077
Nonproliferation and arms control....... 207,656 0 0 0 207,656
Defense nuclear nonproliferation R&D
Proliferation detection............... 287,283 0 0 0 287,283
Nonproliferation stewardship program.. 109,343 0 0 0 109,343
Nuclear detonation detection.......... 279,205 0 0 0 279,205
Forensics R&D......................... 44,414 0 0 0 44,414
Nonproliferation fuels development.... 0 0 0 0 0
Nuclear Fuels Development............. 0 20,000 0 20,000 20,000
Total, Defense Nuclear Nonproliferation 720,245 20,000 0 20,000 740,245
R&D....................................
Nonproliferation construction
18-D-150 Surplus Plutonium Disposition 71,764 0 0 0 71,764
Project, SRS.........................
Total, Nonproliferation construction.... 71,764 0 0 0 71,764
NNSA Bioassurance Program............... 20,000 -20,000 -15,000 -15,000 5,000
Program reduction..................... (-20,000)
Program reduction..................... (-15,000) (-15,000)
Legacy contractor pensions and 55,708 0 0 0 55,708
settlement payments....................
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 29,896 0 0 0 29,896
Counterterrorism and 409,074 0 0 0 409,074
Counterproliferation.................
NA-82 Counterproliferation classified 0 0 0 2,000 2,000
program increase.....................
Total, Nuclear counterterrorism and 438,970 0 0 0 438,970
incident response program..............
Subtotal, Defense Nuclear Nonproliferation 2,469,305 2,000 -15,000 7,000 2,476,305
Adjustments
Use of prior year balances............ -123,048 0 0 0 -123,048
Total, Adjustments...................... -123,048 0 0 0 -123,048
Total, Defense Nuclear Nonproliferation... 2,346,257 2,000 -15,000 7,000 2,353,257
Naval Reactors
Naval reactors development.............. 798,590 0 0 0 798,590
Columbia-Class reactor systems 53,900 0 0 0 53,900
development............................
S8G Prototype refueling................. 20,000 0 0 0 20,000
Naval reactors operations and 695,165 0 0 0 695,165
infrastructure.........................
Program direction....................... 58,525 0 0 0 58,525
Construction:
23-D-533 BL Component Test Complex.... 57,420 0 0 0 57,420
22-D-532 Security Upgrades KL......... 0 0 0 0 0
22-D-531 KL Chemistry & Radiological 0 0 0 0 0
Health Building......................
14-D-901 Spent Fuel Handling 397,845 0 0 0 397,845
Recapitalization Project, NRF........
21-D-530 KL Steam and Condensate 0 0 0 0 0
Upgrades.............................
Total, Construction..................... 455,265 0 0 0 455,265
Total, Naval Reactors..................... 2,081,445 0 0 0 2,081,445
Federal Salaries and Expenses
Program direction....................... 513,200 0 0 0 513,200
Use of prior year balances.............. -16,800 0 0 0 -16,800
Total, Federal Salaries and Expenses...... 496,400 0 0 0 496,400
TOTAL, National Nuclear Security 21,410,400 726,500 589,000 880,500 22,290,900
Administration...........................
Defense Environmental Cleanup
Closure sites administration.......... 4,067 0 0 0 4,067
Richland
River corridor and other cleanup 135,000 86,000 0 86,000 221,000
operations...........................
Program increase.................. (86,000) (86,000)
Central plateau remediation........... 650,240 22,000 0 22,000 672,240
Program increase.................. (22,000) (22,000)
Richland community and regulatory 10,013 0 0 0 10,013
support..............................
18-D-404 Modification of Waste 3,100 0 0 0 3,100
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 3,100 0 0 0 3,100
22-D-402 L-897, 200 Area Water 8,900 0 0 0 8,900
Treatment Facility...................
23-D-404 181D Export Water System 6,770 0 0 0 6,770
Reconfiguration and Upgrade..........
23-D-405 181B Export Water System 480 0 0 0 480
Reconfiguration and Upgrade..........
Total, Richland......................... 817,603 108,000 0 108,000 925,603
Office of River Protection:
Waste Treatment Immobilization Plant 462,700 0 0 0 462,700
Commissioning........................
Rad liquid tank waste stabilization 801,100 0 10,000 10,000 811,100
and disposition......................
Program increase.................. (10,000) (10,000)
Construction
23-D-403 Hanford 200 West Area 4,408 40,592 0 0 4,408
Tank Farms Risk Management
Project..........................
Program increase.............. (40,592)
18-D-16 Waste treatment and 0 0 0 0 0
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16D, High-level waste 316,200 42,739 0 42,739 358,939
facility.........................
Program increase.............. (42,739) (42,739)
01-D-16E, Pretreatment Facility... 20,000 0 0 0 20,000
Subtotal, Construction................ 340,608 83,331 0 42,739 383,347
ORP Low-level waste offsite disposal.. 0 0 0 0 0
Total, Office of River Protection....... 1,604,408 83,331 10,000 52,739 1,657,147
Idaho National Laboratory:
Idaho cleanup and waste disposition... 350,658 0 0 0 350,658
Idaho community and regulatory support 2,705 0 0 0 2,705
Construction
22-D-403 Idaho Spent Nuclear Fuel 8,000 0 0 0 8,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 8,000 0 0 0 8,000
Disposal Cell and Evaporation
Ponds Project....................
22-D-402 Calcine Construction..... 10,000 0 0 0 10,000
Subtotal, Construction................ 26,000 0 0 0 26,000
Total, Idaho National Laboratory........ 379,363 0 0 0 379,363
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,842 0 0 0 1,842
LLNL Excess Facilities D&D............ 12,004 0 10,000 10,000 22,004
Program increase.................. (10,000) (10,000)
Separations Processing Research Unit.. 15,300 0 0 0 15,300
Nevada Test Site...................... 62,652 0 0 0 62,652
Sandia National Laboratory............ 4,003 0 0 0 4,003
Los Alamos National Laboratory........ 286,316 0 0 0 286,316
Los Alamos Excess Facilities D&D...... 40,519 0 0 0 40,519
Total, NNSA sites and Nevada off-sites.. 422,636 0 10,000 10,000 432,636
Oak Ridge Reservation:
OR Nuclear Facility D&D............... 334,221 0 5,000 5,000 339,221
Program increase.................. (5,000) (5,000)
U233 Disposition Program.............. 47,628 0 0 0 47,628
OR cleanup and waste disposition...... 62,000 0 0 0 62,000
Construction
17-D-401 On-site waste disposal 35,000 0 0 0 35,000
facility.........................
14-D-403 Outfall 200 Mercury 0 0 0 0 0
Treatment Facility...............
Subtotal, Construction................ 35,000 0 0 0 35,000
OR community & regulatory support..... 5,300 0 0 0 5,300
OR technology development and 3,000 0 0 0 3,000
deployment...........................
Total, Oak Ridge Reservation............ 487,149 0 5,000 5,000 492,149
Savannah River Site:
Savannah River risk management 416,317 44,000 0 44,000 460,317
operations...........................
Program increase.................. (44,000) (44,000)
Savannah River legacy pensions........ 132,294 0 0 0 132,294
Savannah River community and 12,137 0 0 0 12,137
regulatory support...................
Savannah River National Laboratory O&M 41,000 0 0 0 41,000
Construction:
20-D-401 Saltstone Disposal Unit 37,668 0 0 0 37,668
#10, 11, 12......................
19-D-701 SR Security systems 5,000 0 0 0 5,000
replacement......................
18-D-402 Saltstone Disposal Unit 49,832 0 0 0 49,832
#8, 9............................
18-D-402 Emergency Operations 25,568 0 0 0 25,568
Center Replacement, SR...........
Subtotal, Construction................ 118,068 0 0 0 118,068
Radioactive liquid tank waste 851,660 79,340 10,000 79,340 931,000
stabilization........................
Program increase.................. (79,340) (79,340)
Program increase.................. (10,000)
Total, Savannah River Site.............. 1,571,476 123,340 10,000 123,340 1,694,816
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 371,943 0 0 0 371,943
Construction:
15-D-411 Safety significant 59,073 0 0 0 59,073
confinement ventilation system,
WIPP.............................
15-D-412 Exhaust shaft, WIPP...... 25,000 0 0 0 25,000
Program increase.................. 6,000 6,000 6,000
Total, Construction................... 84,073 0 6,000 6,000 90,073
Total, Waste Isolation Pilot Plant...... 456,016 0 6,000 6,000 462,016
Program direction--Defense Environmental 317,002 0 0 0 317,002
Cleanup................................
Program support--Defense Environmental 103,239 0 0 0 103,239
Cleanup................................
Safeguards and Security--Defense 309,573 0 0 0 309,573
Environmental Cleanup..................
Technology development and deployment... 25,000 0 0 0 25,000
Federal contribution to the Uranium 417,000 0 -417,000 -417,000 0
Enrichment D&D Fund....................
Program reduction..................... (-417,000) (-417,000)
Subtotal, Defense Environmental Cleanup... 6,914,532 314,671 -376,000 -111,921 6,802,611
TOTAL, Defense Environmental Cleanup...... 6,914,532 314,671 -376,000 -111,921 6,802,611
Defense Uranium Enrichment D&D............ 0 0 0 0 0
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 138,854 0 0 0 138,854
security mission support.............
Program direction..................... 76,685 0 0 0 76,685
Total, Environment, health, safety and 215,539 0 0 0 215,539
security...............................
Office of Enterprise Assessments
Enterprise assessments................ 27,486 0 0 0 27,486
Program direction..................... 57,941 0 0 0 57,941
Total, Office of Enterprise Assessments. 85,427 0 0 0 85,427
Specialized security activities......... 306,067 0 0 0 306,067
Legacy Management
Legacy Management Activities--Defense. 174,163 0 0 0 174,163
Program Direction..................... 21,983 0 0 0 21,983
Total, Legacy Management................ 196,146 0 0 0 196,146
Defense-related administrative support.. 170,695 0 0 0 170,695
Office of hearings and appeals.......... 4,477 0 0 0 4,477
Subtotal, Other defense activities...... 978,351 0 0 0 978,351
Use of prior year balances.............. 0 0 0 0 0
Total, Other Defense Activities........... 978,351 0 0 0 978,351
----------------------------------------------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
Title LI--Veterans Affairs Matters
Subtitle A--Advisory Committee
Sec. 5101--Annual report from Advisory Committee on Women Veterans
The House bill contained a provision (sec. 5122) that would
amend subsection (c)(1) of section 542 of title 38, United
States Code, to strike ``even-numbered year'' and insert
``year''.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5102--Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States
The House bill contained a provision (sec. 5111) that would
amend chapter 5 of title 38, United States Code, to require the
Secretary of Veterans Affairs to establish the Advisory
Committee on United States Outlying Areas and Freely Associated
States to provide advice and guidance to the Secretary on
matters relating to certain veterans.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to authorize the Secretary of State and the Secretary
of the Interior to appoint ex officio members of the Committee
and to make other technical and clarifying changes to the
provision.
Subtitle B--Studies and Reports
Sec. 5111--Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits
The House bill contained a provision (sec. 5125) that would
require the Secretary of Veterans Affairs to conduct a study to
identify the means by which the Secretary informs lenders and
veterans about the availability of a loan guaranteed by the
Department of Veterans Affairs under chapter 37 of title 38,
United States Code, for any purpose described in section
3710(a) of such title. The Secretary of Veterans Affairs would
be required to submit a report to the Committees on Veterans
Affairs of the Senate and the House of Representatives not
later than 6 months after the date of the enactment of this
Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 5112--GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs
The House bill contained a provision (sec. 5126) that would
require the Comptroller General of the United States to conduct
a study on the efforts of the Under Secretary of Veterans
Affairs for Health relating to post-market surveillance of
implantable medical devices. This provision would require the
Comptroller General to submit to the Committees on Veterans
Affairs of the House of Representatives and the Senate a report
on the findings of the study not later than 1 year after the
date of enactment of this Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5113--Department of Veterans Affairs report on supportive services
and housing insecurity
The House bill contained a provision (sec. 5113) that would
require the Secretary of Veterans Affairs, in coordination with
the Secretary of Housing and Urban Development and the
Secretary of Labor, to submit to Congress, not later than 1
year after the date of the enactment of this Act, a report on
how often and what type of supportive services 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 Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5114--Report on handling of certain records of the Department of
Veterans Affairs
The House bill contained a provision (sec. 5102) that would
direct the Inspector General of the Department of Veterans
Affairs, in coordination with the Secretary of Defense, to
report on how procedures are followed by government employees
in assisting veterans to obtain or reconstruct service records
or medical information damaged or destroyed in the July 1973
fire at the National Records Processing Center.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Subtitle C--Other Matters
Sec. 5121--Improved application of employment and reemployment rights
of all members of uniformed services
The Senate amendment contained a provision (sec. 6039E)
that would amend section 4303 of title 38, United States Code,
to make various technical modifications concerning application
of benefits under the Uniformed Services Employment and
Reemployment Rights Act (Public Law 103-353).
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 5122--Competitive pay for health care providers of Department of
Veterans Affairs
The House bill contained a provision (sec. 5127) that would
amend section 7451(c) of title 38, United States Code, to
require directors of veteran medical centers to submit to the
Secretary of Veterans Affairs an annual locality pay survey and
rates of basic pay for covered positions at such medical
centers to ensure that pay rates remain competitive in the
local labor markets.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5123--Definition of land use revenue under West Los Angeles
Leasing Act of 2016
The House bill contained a provision (sec. 5894) that would
amend section 2(d)(2) of the West Los Angeles Leasing Act of
2016 (Public Law 114-226) regarding the definition of land use
revenue.
The Senate amendment contained an identical provision (sec.
6031).
The agreement includes this provision.
Sec. 5124--Technical corrections to Honoring our PACT Act of 2022
The Senate amendment contained a provision (sec. 6039G)
that would make technical corrections to the Honoring our PACT
Act of 2022 (Public Law 117-168).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 5125--Improving pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related improvements
The Senate amendment contained a provision (sec. 6039J)
that would amend section 2 of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of
2016 (Public Law 114-294) to authorize use of funds available
from the Construction, Minor Projects, or Construction, Major
Projects appropriations accounts for this pilot program.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 5126--Improvement of Vet Centers at Department of Veterans Affairs
The House bill contained a provision (sec. 5124) that would
require the Secretary of Veterans Affairs to: (1) Evaluate
productivity expectations for readjustment counselors of Vet
centers; (2) Develop and implement a staffing model for Vet
Centers; (3) Establish a working group to assess the efficacy,
impact, and composition of performance metrics for Vet Centers;
(4) Improve hiring practices at Vet Centers; and (5) Establish
a pilot program to combat food insecurity among veterans and
their family members.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5127--Information on certain veterans with prior medical
occupations; program on intermediate care technicians of
Department of Veterans Affairs
The House bill contained a provision (sec. 5105) that would
require the Secretary of Veterans Affairs to update existing
web portals of the Department of Veterans Affairs to allow the
identification of veterans who had a medical occupation as a
member of the Armed Forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
and clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Maximum rate of interest on debts incurred before military service
applicable to military dependents
The House bill contained a provision (sec. 5101) that would
amend section 207 of the Servicemembers' Civil Relief Act (50
U.S.C. 3937) to extend debt protections provided by that Act to
the dependents of servicemembers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding women who served as cadet nurses during
World War II
The House bill contained a provision (sec. 5103) that would
express a sense of Congress regarding women who served as cadet
nurses during World War II.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We acknowledge the extraordinary accomplishments and
sacrifices of the women who served in the United States Cadet
Nurse Corps during the World War II era and are grateful for
their service during a time of need in our country.
Sense of Congress regarding Korean and Korean-American Vietnam war
veterans
The House bill contained a provision (sec. 5104) that would
express a sense of Congress regarding Korean and Korean-
American Vietnam War veterans.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that Korean and Korean-American veterans served
honorably throughout the Vietnam conflict, both in and
alongside the United States Armed Forces, and that many of
these veterans gave their lives for our country.
Pilot program to employ veterans in positions relating to conservation
and resource management activities
The House bill contained a provision (sec. 5106) that would
require the Secretaries of Veterans Affairs, Agriculture, and
Interior to jointly establish a pilot program under which
veterans are employed by the Federal government in positions
relating to certain conservation and resource management
activities, and to provide a report to Congress on the results
of the pilot program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Elimination of Asset and Infrastructure Review Commission of Department
of Veterans Affairs
The House bill contained a provision (sec. 5107) that would
eliminate the Department of Veterans Affairs' Asset and
Infrastructure Review Commission.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Eligibility requirements for reimbursement for emergency treatment
furnished to veterans
The House bill contained a provision (sec. 5108) that would
amend section 1725(b)(2)(B) of title 38, United States Code, to
modify eligibility requirements for emergency treatment
furnished to veterans.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Improving processing by the Department of Veterans Affairs of
disability claims for post-traumatic stress disorder
The House bill contained a provision (sec. 5109) that would
require the Secretary of Veterans Affairs, acting through the
Under Secretary for Benefits, to update an ongoing, national
training program for claims processors who review claims for
compensation for service-connected post-traumatic stress
disorder.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Registry of individuals exposed to per- and polyfluoroalkyl substances
on military installations
The House bill contained a provision (sec. 5110) that would
require the Secretary of Veterans Affairs to establish and
maintain a registry for eligible individuals who may have been
exposed to per- and polyfluoroalkyl substances due to the
environmental release of aqueous film-forming foam on military
installations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on barriers to veteran participation in Federal housing programs
The House bill contained a provision (sec. 5112) that would
require the Secretary of Veterans Affairs, in coordination with
the Secretary of Housing and Urban Development, to submit to
Congress a report on the barriers veterans experience in
receiving benefits under certain Federal housing programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5114) that would
require the Secretary of Defense, not later than 18 months
after the date of enactment of this Act, to authorize the
inclusion on the Vietnam Veterans Memorial Wall in the District
of Columbia of the names of the 74 crew members of the U.S.S.
Frank E. Evans in service who were killed on June 3, 1969.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that there is an established process for adding the
names of the servicemembers to the Vietnam Veterans Memorial
Wall. We believe this process should be followed to preserve
the integrity of the Wall.
Provision of health care benefits for certain individuals who served in
the Armed Forces of the Republic of Korea
The House bill contained a provision (sec. 5115) that would
amend Section 109 of title 38, United States Code, to entitle
hospital and domiciliary care and medical services to certain
individuals who served in Vietnam as a member of the Armed
Forces of the Republic of Korea between January 9, 1962, and
May 7, 1965, and who subsequently became a United States
citizen.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Grants for provision of transition assistance to members and former
members of the Armed Forces after separation, retirement, or
discharge
The House bill contained a provision (sec. 5116) that would
require the Secretary of Labor, in coordination with the
Secretary of Veterans Affairs, to carry out a 5-year program to
award grants to eligible organizations, as defined, to provide
assistance to certain covered individuals on the transition of
a member or former member of the Armed Forces from service in
the Armed Forces to civilian life.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study on incidence and mortality of cancer among former aircrew of the
Navy, Air Force, and Marine Corps
The House bill contained a provision (sec. 5117) that would
require the Secretary of Veterans Affairs to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study of the incidence and mortality
of cancer among individuals who served in the regular or
reserve components of the Navy, Air Force, or Marine Corps
either as aircrew or generation support members of fixed wing
aircraft.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that section 750 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) requires the Secretary of Defense to conduct a
comprehensive study on the incidence of cancer diagnosis in
military aviators and aviation support personnel. The study is
ongoing, and we anticipate receipt of the results of this study
later this year.
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
The House bill contained a provision (sec. 5118) that would
require the Secretary of Defense to conduct a study in
consultation with members of the Frank E. Evans Association, as
well as survivors and family members of the crew who were
killed, to determine the feasibility of including on the
Vietnam Veterans Memorial Wall in the District of Columbia the
names of the 74 crew members of the USS Frank E. Evans in
service who were killed on June 3, 1969.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on copayments for contraception
The House bill contained a provision (sec. 5119) that would
amend section 1722A(a)(2) of title 38, United States Code, to
eliminate the requirement for veterans to pay a copayment for
contraceptive items.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Requirement for timely scheduling of appointments at medical facilities
of Department of Veterans Affairs
The House bill contained a provision (sec. 5120) that would
amend chapter 17 of title 38, United States Code, to require
that an appointment be scheduled during the telephone call for
a veteran who requests an appointment by telephone.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Provision by Department of Veterans Affairs health care providers of
recommendations and opinions regarding veteran participation in
State marijuana programs
The House bill contained a provision (sec. 5121) that would
require the Secretary of Veterans Affairs to authorize
physicians and other health care providers employed by the
Department of Veterans Affairs to provide recommendations and
opinions to veterans who are residents of States with State
marijuana programs regarding the participation of veterans in
such State marijuana programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
VA payments or allowances for beneficiary travel
The House bill contained a provision (sec. 5123) that would
amend section 111 of title 38, United States Code, to make
mandatory certain veteran benefits and allowances relating to
beneficiary travel.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Veterans Affairs program to provide grants for certain
veterans service organizations affected by the COVID-19
Pandemic
The House bill contained a provision (sec. 5128) that would
require the Secretary of Veterans Affairs to make grants to
eligible veterans service organizations to offset costs
relating to the COVID-19 pandemic incurred during the covered
2020 period.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inclusion of veterans in housing planning
The House bill contained a provision (sec. 5129) that would
amend section 5A(d)(1) of the United States Housing Act of 1937
(Public Law 75-412) and section 105 of the Cranston-Gonzalez
National Affordable Housing Act (Public Law 101-625) to include
veterans in certain housing planning programs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Annual report on housing assistance to veterans
The House bill contained a provision (sec. 5130) that would
require the Secretary of Housing and Urban Development to
submit an annual report to the Secretary of Veterans Affairs
and various congressional committees on certain veteran
programs overseen by the Department of Housing and Urban
Development.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Payments to individuals who served during World War II in the United
States Merchant Marine
The House bill contained a provision (sec. 5131) that would
amend chapter 5 of title 38, United States Code, to establish,
in the general fund of the Treasury, the Merchant Mariner
Equity Compensation Fund to provide one-time payments of
$25,000 to eligible individuals who served in the United States
merchant marine between December 7, 1941, and December 31,
1946.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5132) that would
amend section 1710(a)(2)(E) of title 38, United States Code, to
require the Secretary of Veterans Affairs to furnish hospital
care and medical care, and to authorize the Secretary to
provide nursing home care, to veterans of World War II.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Pilot program on cybersecurity training for veterans and military
spouses
The House bill contained a provision (sec. 5133) that would
require the Secretary of Homeland Security, in consultation
with the Secretary of Veterans Affairs, to conduct a pilot
program under which the Secretary of Homeland Security would
provide cybersecurity training to certain veterans,
servicemembers, and military spouses.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Veterans Affairs awareness campaign on fertility services
The House bill contained a provision (sec. 5134) that would
require the Secretary of Veterans Affairs to conduct an
awareness campaign regarding the types of fertility treatments,
procedures, and services covered under the medical benefits
package of the Department of Veterans Affairs that are
available to veterans experiencing issues with fertility.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title LII--Inspector General Independence and Empowerment Matters
Secs. 5201-5275--Inspector General independence and empowerment matters
The House bill contained a series of provisions (secs.
5601-5675) containing the Inspector General Independence and
Empowerment Act.
The Senate amendment contained no similar provisions.
The agreement includes these House provisions with an
amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Investigations of Department of Justice personnel
The House bill contained a provision (sec. 5676) that would
amend section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) to authorize the Inspector General of the Department of
Justice to investigate allegations of misconduct involving
Department attorneys, investigators, and law enforcement
personnel, where the allegations relate to the exercise of the
authority of an attorney to investigate, litigate, or provide
legal advice.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Law enforcement authority of the Inspector General of the United States
International Development Finance Corporation
The House bill contained a provision (sec. 5677) that would
amend Section 6 of the Inspector General Act of 1978 (5 U.S.C.
App.) to provide law enforcement authority outlined in that
section to the Inspector General of the United States
International Development Finance Corporation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inspector General for the Office of Management and Budget
The House bill contained a provision (sec. 5678) that would
amend Section 12 of the Inspector General Act of 1978 (5 U.S.C.
App.) to establish the Office of the Inspector General of the
Office of Management and Budget.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title LIII--Oversight and Reform Matters
Subtitle A--General Provisions
Sec. 5301--Access for Veterans to Records
The House bill contained a provision (sec. 5832) that would
require the Archivist of the United States, within 60 days of
the date of the enactment of this Act, to submit to the
appropriate congressional committees a comprehensive plan to
reduce the backlog of requests for records at the National
Personnel Records Center (NPRC) and improving the efficiency
and responsiveness of operations at the NPRC. The provision
would require the Archivist to submit periodic updates of such
plan to the same committees.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Sec. 5302--ONDCP supplemental strategies
The House bill contained a provision (sec. 5879) that would
amend section 706(h) of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1705(h)) to
require that the national drug control performance measurement
system, submitted to Congress as part of the National Drug
Control Strategy, include development of performance measures
and targets for the National Drug Control Strategy supplemental
strategies to effectively evaluate region-specific goals.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5303--Performance Enhancement
The House bill contained a provision (sec. 5912) that would
require the Performance Improvement Officer of each agency to
collaborate with the Chief Human Capital Officer, the Chief
Information Officer, the Chief Data Officer, and the Chief
Financial Officer of that agency to prepare that portion of the
annual performance plan described under subsection (b)(5) of
section 1115 of title 31, United States Code, for that agency.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 5304--Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel
The House bill contained a provision (sec. 5701) that would
amend section 2303 of title 5, United States Code, to permit an
employee of the Federal Bureau of Investigation who makes an
allegation of reprisal to appeal a final determination or
corrective action order by the Bureau to the Merit Systems
Protection Board.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Sec. 5305--Fairness for Federal firefighters
The House bill contained a provision (sec. 5907) that would
(1) Amend chapter 81 of title 5, United States Code, to deem
certain diseases to be proximately caused by employment in fire
protection activities for employees employed for a minimum of 5
years in such activities who submit a claim for disability or
death; (2) Amend section 8132 of title 5, United States Code,
to include continuation of pay as a predicate for subrogation
of the United States; (3) Require the Comptroller General of
the United States, not later than 1 year after the date of
enactment of this Act, to submit to the Committee on Education
and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
that evaluates the health and safety impacts on employees
engaged in fire protection activities that result from the
employees' exposure to toxic chemicals and other contaminants;
and (4) Require the Secretary of Labor to amend section 10.121
of title 20, Code of Federal Regulations, to extend from 30
days to 60 days the time period to supply supporting
documentation for Federal Worker's Compensation Act claims.
The Senate amendment contained no similar provision.
The agreement includes this provision with a clarifying
amendment.
Subtitle B--Plum Act of 2022
Sec. 5321--Short title
The House bill contained a provision (sec. 1121) that would
establish a short title for the ``Periodically Listing Updates
to Management Act of 2022.''
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5322--Establishment of public website on government policy and
supporting positions
The House bill contained a provision (sec. 1122) that would
amend subchapter I of chapter 33 of title 5, United States
Code, to codify the ``Periodically Listing Updates to
Management Act of 2022''.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Title LIV--21st Century Assistive Technology Act
Secs. 5401-5403--21st Century Assistive Technology Act
The Senate amendment contained provisions (sec. 6051-6053)
that would reauthorize and amend the Assistive Technology Act
of 1998 (29 U.S.C. 3001 et seq.).
The House bill contained no similar provision.
The agreement includes the Senate provisions with a
technical and clarifying amendment.
Title LV--Foreign Affairs Matters
Subtitle A--Taiwan Enhanced Resilence Act
Secs. 5501-5540--Taiwan Enhanced Resilience Act
The House bill contained a provision (sec. 1303) that would
express the sense of Congress on defense relations with Taiwan.
The House bill contained a provision (sec. 1314) that would
require the Secretary of Defense to complete a study on the
feasibility of additional Department of Defense resources
necessary to facilitate increased military cooperation between
the United States and Taiwan. The House bill contained a
provision (sec. 1342) that would require the Secretary of State
to submit a report on the efforts of the American Institute in
Taiwan to combat disinformation or propaganda perpetuated by
China. The House bill contained a provision (sec. 5902) that
would require the President to establish a ``Countering
Economic Coercion Task Force.'' The House bill contained a
provision (sec. 5904) that would direct the Secretary of State
to establish a ``Taiwan Fellowship Program.'' The House bill
contained Division F that included the Taiwan Peace and
Stability Act.
The Senate amendment contained a provision (sec. 1245) that
would direct the Secretary of Defense, in coordination with the
Secretary of State and the American Institute in Taiwan, to
seek to engage 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 trainings, exercises, and
planning activities, consistent with the Taiwan Relations Act
(Public Law 96-8). The Senate amendment contained Division H
that included the Taiwan Policy Act of 2022.
The agreement includes these provisions with clarifying and
conforming amendments.
Subtitle B--United States-Ecuador Partnership Act of 2022
Secs. 5541-5550--United States-Ecuador Partnership Act of 2022
The Senate amendment contained provisions (secs. 6281-
6289B) that would express the sense of Congress that the United
States should take additional steps to strengthen the bilateral
partnership between the United States and Ecuador in support of
democratic institutions and the rule of law, sustainable and
inclusive economic growth, and conservation. The provisions
would also require the Secretary of State to develop and
implement a strategy to strengthen commercial and economic ties
between the United States and Ecuador and for the Administrator
of the United States Agency for International Development to
develop and implement a strategy to support inclusive economic
development across Ecuador.
The House bill contained no similar provision.
The agreement includes the Senate provisions with technical
and clarifying amendments.
Subtitle C--Fentanyl Results Act
Secs. 5551-5558--Prioritization of efforts of the Department of State
to combat international trafficking in covered synthetic drugs
The House bill contained a provision (sec. 5861) that would
require the Secretary of State to prioritize efforts of the
Department of State to combat international trafficking in
covered synthetic drugs and to submit a report on the
implementation of these efforts not later than 1 year after the
date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with technical
and clarifying amendments.
Subtitle D--International Pandemic Preparedness
Secs. 5559-5566--International Pandemic Preparedness and COVID-19
Response Act of 2022
The House bill contained provisions (secs. 6901-6916)
concerning the United States' ability to detect and respond to
international biological threats identical to the House-passed
Global Health Security Act. The provisions would require the
President to appoint a Global Health Security Coordinator,
develop a national strategy to promote and invest in global
health security and pandemic preparedness, and would also
establish a Global Health Security Agenda Interagency Review
Council as well as a fund for Global Health Security and
Pandemic Preparedness.
The Senate amendment contained similar provisions (secs.
6291-6297). In addition, the Senate provisions would require
the President to develop a strategy for global health security
and pandemic prevention and authorize contributions to and
participation in a multilateral fund for Global Health Security
and Pandemic Preparedness.
The agreement includes the Senate provisions with certain
amendments.
Subtitle E--Burma Act of 2022
Secs. 5567-5579--BURMA Act of 2022
The House bill contained title LXV that included the BURMA
Act of 2022.
The Senate amendment contained no similar provision.
The agreement includes the BURMA Act of 2022.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Secs. 5580-5584--Otto Warmbier Countering North Korean Censorship and
Surveillance Act of 2022
The agreement includes 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
The House bill contained a provision (sec. 5836) that would
amend section 36(e)(6) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) to require the
Secretary of State provide notification not later than 15 days
before making a reward in a form that includes cryptocurrency.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5586--Secure access to sanitation facilities for women and girls
The House bill contained a provision (sec. 5838) that would
amend subsection (a) of section 501 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601
note) to authorize the provision of safe and secure access to
sanitation facilities, with a special emphasis on women, girls,
and vulnerable populations.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment to authorize 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
The Senate amendment contained a provision (sec. 6037) that
would reauthorize the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431d(d)).
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 5588--Global Food Security Reauthorization Act of 2022
The Senate amendment contained a provision (sec. 6272) that
would reauthorize and extend for 5 years the Global Food
Security Act of 2016 (Public Law 114-195).
The House bill contained no similar provision.
The agreement includes the Senate provision with technical
amendments.
Sec. 5589--Extension and modification of certain export controls
The House bill contained a provision (sec. 5835) that would
amend section 3 of Public Law 116-77 prohibiting the commercial
export of covered munitions items to the Hong Kong Police Force
by striking December 31, 2021, as the sunset date and inserting
December 31, 2024.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that would make clarifying changes.
Sec. 5590--Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia
The House bill contained a provision (sec. 5849) that would
require the President of the United States to submit a report
to Congress identifying foreign persons that knowingly
participated in a significant transaction of gold to or from
Russia or the Government of Russia, and impose sanctions on
those persons.
The Senate amendment contained an identical provision (sec.
6235).
The agreement includes the House provision with a
clarifying amendment.
Sec. 5591--Renegotiation of Compacts of Free Association
The House bill contained a provision (sec. 5813) that would
express the sense of Congress that 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 that the Department of
Defense should continue its engagement in the negotiations of
the Compacts of Free Association.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
changes.
Sec. 5592--Secretary of State assistance for prisoners in Islamic
Republic of Iran
The House bill contains a provision (sec. 5845) that would
call on the Islamic Republic of Iran to immediately end
violations of human rights, and facilitate the unconditional,
immediate release of political prisoners and prisoners of
conscience. The provision also authorizes the Secretary of
State to continue to provide assistance to civil society
organizations that support political prisoners and prisoners of
conscience.
The Senate amendment contains no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5593--Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022
The Senate amendment contained a provision (sec. 6503) that
would establish an interagency task force led by the Secretary
of State on nuclear activity and global regional terrorism
related to the Republic of Iran. The Senate amendment would
also require the Director of National Intelligence to provide
assessments on Iranian nuclear activity, and regional and
global terrorism activities conducted by Iran. The amendment
would further require that the Secretary of State, in
consultation with the members of the interagency task force,
provide a diplomatic strategy to address threats from Iran.
The House bill contains no similar provision.
The agreement includes the Senate provision with clarifying
amendments.
Subtitle H--Reports
Sec. 5594--Modification to peacekeeping operations report
The House bill contained a provision (sec. 5920) that would
amend section 6502 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81) regarding the
Peacekeeping Operations Report.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Sec. 5595--Report on Indo-Pacific region
The House bill contained a provision (sec. 1319) that would
require the Assistant Secretary of State for the Bureau of East
Asian and Pacific Affairs to submit a report that contains a 2-
year strategy assessing the resources and activities required
to achieve implementation of certain strategies.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
changes.
Sec. 5596--Report on humanitarian situation and food security in
Lebanon
The House bill contained a provision (sec. 5914) that would
require the President to submit a report within 90 days of
enactment that contains an evaluation of the humanitarian
situation in Lebanon, as well as the impact of the deficit of
wheat imports to the country due to Russia's further invasion
of Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment clarifying that the report will be required from
Secretary of State in consultation with the Secretary of
Defense and in coordination with the Administrator of the
United States Agency for International Development.
Sec. 5597--Statement of policy and report on engaging with Niger
The House bill contained a provision (sec. 5901) that would
state as the policy of the United States to 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, to enhance
engagement and cooperation with the Nigerien government, and to
work closely with partners and allies to elevate Niger as an
example of transitioning from longstanding military governance
to a democratic, civilian-led form of government.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5598--Report on bilateral security and law enforcement cooperation
with Mexico
The House bill contained a provision (sec. 1359) that would
require the President to submit a report on Mexico, including a
description of past and current bilateral security cooperation
and the benefits of partnerships with Mexican security forces.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Sec. 5599--Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine
The House bill contained a provision (sec. 1361) that would
require the Secretary of State to submit a report on whether
and how the People's Republic of China has provided support to
the Russian Federation with respect to its unprovoked invasion
of and full-scale war against Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5599A--Feasibility study on United States support for and
participation in the international counterterrorism academy in
Cote d'Ivoire
The House bill contained a provision (sec. 5869) that would
state 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 and would require the Secretary of State
to conduct a feasibility study regarding the provision of U.S.
assistance for infrastructure, training, equipment, and other
forms of support to institutionalize the International
Counterterrorism Academy in Cote D'Ivoire.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5599B--Consultations on reuniting Korean Americans with family
members in North Korea
The House bill contained a provision (sec. 5837) that would
encourage the Secretary of State to consult with officials of
South Korea 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.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that makes clarifying changes.
Subtitle I--Sense of Congress Provisions
Sec. 5599C--Sense of Congress regarding the status of China
The House bill contained a provision (sec. 1320) that would
express the sense of Congress that China is fully
industrialized and no longer a developing nation and that any
international agreement that provides or accords China a
favorable status of treatment as a ``developing nation'' should
be updated to reflect the status of China.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5599D--Sense of Congress regarding Israel
The House bill contained a provision (sec. 1338) that would
express the sense of Congress regarding the importance of the
bilateral relationship between the United States and Israel and
the need to continue offering security assistance and related
support.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5599E--Sense of Congress relating to the NATO Parliamentary
Assembly
The House bill contained a provision (sec. 1318) that would
express the sense of Congress that the United States should
proactively engage with the North Atlantic Treaty Organization
Parliamentary Assembly and its member delegations.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5599F--Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza
The House bill contained a provision (sec. 1240) that would
express the sense of Congress regarding the unjust detention
and indictment of Russian opposition leader Vladimir
Vladimirovich Kara-Murza and all individuals in the Russian
Federation imprisoned for exercising their fundamental freedoms
of speech, assembly, and belief; and to urge 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 in Russia and to increase support for those
advocating for democracy and independent media in Russia.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5599G--Sense of Congress regarding development of nuclear weapons
by Iran
The House bill contained a provision (sec. 5846) that would
express a sense of Congress reiterating Congress's commitment
to ensuring Iran will never acquire a nuclear weapon.
The Senate amendment contained no similar provision.
The agreement includes the House provision with clarifying
amendments.
Title LVI--Transportation and Infrastructure
Sec. 5601--Designation of small State and rural advocate
The House bill contained a provision (sec. 5307) that would
require the Comptroller General of the United States to 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).
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 5602--Flexibility
The House bill contained a provision (sec. 5308) that would
require the Administrator of the Federal Emergency Management
Agency to submit a report containing a description of the
internal processes used to make decisions regarding the
distribution of covered assistance under section 1216 of the
Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and
any changes made to such processes.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5603--Preliminary damage assessment
The House bill contained a provision (sec. 5306) that would
require the Administrator of the Federal Emergency Management
Agency to submit 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.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 5604--Letter of deviation authority
The House bill contained a provision (sec. 5325) that would
exclude an authorized flight instructor, along with an
authorized additional pilot, that is providing student
instruction, flight instruction, or flight training from being
deemed as operating an aircraft carrying persons or property
for compensation or hire.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment that waives a flight instructor, registered owner,
lessor, or lessee of an aircraft from the requirement 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 no person advertises the aircraft or instruction as
available for those activities, the flight instructor is not
providing both the training and the aircraft, and that no
person receives compensation for use of the aircraft during
those activities, other than expenses owed for operating,
owning, and maintaining the aircraft.
Sec. 5605--Recognizing FEMA support
The House bill contained a provision (sec. 5312) that would
recognize the Federal Emergency Management Agency's support to
communities and disaster survivors in the aftermath of major
disasters.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Calculation of active service
The House bill contained a provision (sec. 5301) that would
clarify that if Coast Guard personnel receive in writing by a
representative of the Coast Guard Personnel Service Center that
specific active service counts towards retirement, it shall be
applied toward the determination of the retirement
qualification.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Acquisition of icebreaker
The House bill contained a provision (sec. 5302) that would
authorize $150.0 million for the Commandant of the Coast Guard
to acquire or procure an available icebreaker.
The Senate amendment contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Department of Defense civilian pilots
The House bill contained a provision (sec. 5303) that would
require the Administrator of the Federal Aviation
Administration (FAA) to revise section 61.73 of title 14, Code
of Federal Regulations, to ensure that a Department of Defense
civilian pilot is eligible for a rating based on qualifications
earned as a Department of Defense pilot, pilot instructor, or
pilot examiner in the same manner that a military pilot is
eligible for such a rating based on qualifications earned as a
military pilot, pilot instructor, or pilot examiner.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Under Secretary of Defense for Personnel and
Readiness to determine whether there are any civilian employees
who are serving in pilot positions in the Department of Defense
who do not currently hold Federal Aviation Administration
certificates for the tasks they are performing, and if there
are, the process by which such individuals could qualify for
FAA certificates appropriate for the tasks they are performing.
We direct the Under Secretary to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives by not later than April 1, 2023, on the results
of this determination.
Pilot program for spaceflight recovery operations at sea
The House bill contained a provision (sec. 5304) that would
require the Secretary of Transportation to establish and
conduct a pilot program to oversee the operation and monitoring
of remotely-controlled or unmanned spaceflight recovery vessels
or platforms
The Senate amendment contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Menstrual products in public buildings
The House bill contained a provision (sec. 5309) that would
require that menstrual products be stocked and made available
free of charge in all restrooms in covered public buildings.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Fly America Act exception
The House bill contained a provision (sec. 5310) that would
amend section 40118 of title 49, United States Code, to
authorize payment for the transportation of certain domestic
animals for Peace Corps volunteers, an officer, employee, or
member of the uniformed services, or a dependent of such
individual, under certain circumstances.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Aqua alert notification system pilot program
The House bill contained a provision (sec. 5311) that would
require the Commandant of the Coast Guard to establish a pilot
program to improve the issuance of alerts to facilitate
cooperation with the public to render aid to distressed
individuals. The provision would further detail required
elements of such pilot program, authorize to be appropriated
$3.0 million annually through 2026 for the purposes of
implementation, and establish a reporting requirement for the
relevant congressional committees on the implementation of the
program.
The Senate amendment contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Definitions
The House bill contained a provision (sec. 5313) that would
amend section 101(a) of title 23, United States Code, by
providing a definition of transportation demand management.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Permitting use of highway trust fund for construction of certain noise
barriers
The House bill contained a provision (sec. 5314) that would
prohibit funds made available out of the Highway Trust from
being used to construct a Type II noise barrier.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Establishment of Southern New England Regional Commission
The House bill contained a provision (sec. 5315) that would
establish the Southern New England Regional Commission to
assist in the development of defense manufacturing in that
region.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Critical document fee waiver
The House bill contained a provision (sec. 5316) that would
require the President to automatically provide a fee waiver to
an individual or household that has been adversely affected by
a major disaster.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Disadvantaged business enterprises
The House bill contained a provision (sec. 5317) that would
amend section 11101(e)(2)(A) of the Infrastructure Investment
and Jobs Act (Public Law 117-58) by defining ``small business
concern.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on improving counterterrorism security at passenger rail
stations
The House bill contained a provision (sec. 5319) that would
require the Secretary of Homeland Security to submit a report
on the five largest passenger rail stations by annual ridership
and eight other-sized passenger rail stations along with an
analysis of the effectiveness of counterterrorism measures
implemented, including prevention systems.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Extreme weather events
The House bill contained a provision (sec. 5320) that would
require the Administrator of the Federal Emergency Management
Administration (FEMA) to issue guidance related to extreme
temperature events and publish such guidance in the FEMA Public
Assistance Program and Policy Guide.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Safety standards
The House bill contained a provision (sec. 5321) that would
extend through fiscal year 2023 authorization of appropriations
for certain fishing safety training and marine debris research,
prevention, and reduction activities.
The Senate amendment contained no similar provision.
The agreement addresses this issue elsewhere in this Act.
Extension
The House bill contained a provision (sec. 5322) that would
extend section 1246 of Division D of the FAA Reauthorization
Act of 2018 (Public Law 115-254).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Duplication of benefits
The House bill contained a provision (sec. 5324) that would
amend section 312(b)(4) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155(b)(4)) to
prohibit the President from imposing additional income criteria
on a potential grant recipient who has accepted a qualified
disaster loan, in the course of determining eligibility for
duplication of benefit relief under that Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
High-speed broadband deployment initiative
The House bill contained a provision (sec. 5326) that would
authorize the Secretary of Defense to award grants to support
high-speed broadband deployment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5433) that would
amend title XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.) to require the Secretary of the
Treasury to 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 to vote against the provision of any
loan, extension of financial assistance, or technical
assistance to China unless the Secretary has certified China's
commitment to certain standards.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5702--Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt
The House bill contained a provision (sec. 5405) that would
amend Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p et seq.) to direct the Secretary of the
Treasury to engage with international financial institutions,
the G20, and official and commercial creditors to advance
support for implementation and improvement of the Common
Framework for Debt Treatments beyond the DSSI.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5703--Ukraine debt payment relief
The House bill contained a provision (sec. 5440) that would
require the Secretary of the Treasury to instruct the United
States Executive Director at each covered international
financial institution to advocate that the respective
institution immediately suspend all debt service payments owed
to the institution by Ukraine.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5704--Isolate Russian Government Officials Act of 2022
The House bill contained a provision (sec. 5862) that would
state it is the policy of the United States to seek to exclude
government officials of Russia from participation in meetings,
proceedings, and other activities of the Group of 20, Bank for
International Settlements, Basel Committee for Banking
Standards, Financial Stability Board, International Association
of Insurance Supervisors, and International Organization of
Securities Commissions. The provision would also require the
Secretary of the Treasury, the Board of Governors of the
Federal Reserve System, and the Securities Exchange Commission
to take all necessary steps to advance this policy.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 5705--Fair hiring in banking
The House bill contained a provision (sec. 5438) that would
amend section 19 of the Federal Deposit Insurance Act (Public
Law 81-797) to modify statutory provisions relating to the
circumstances under which a person who has been convicted of a
criminal offense involving dishonesty or a breach of trust or
money laundering, or has agreed to enter into a pretrial
diversion or similar program in connection with a prosecution
for such offense, may become or remain affiliated with an
insured depository institution.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Sec. 5706--Banking Transparency for Sanctioned Persons Act of 2022
The House bill contained a provision (sec. 5439) that would
require the Secretary of the Treasury to issue yearly reports
detailing licenses issued by the Secretary authorizing
financial institutions to provide financial services
benefitting a state sponsor of terrorism or person sanctioned
pursuant to section 404 of the Russia and Moldova Jackson-Vanik
Repeal and Sergei Magnitsky Rule of Law Accountability Act of
2012 (Pub. L. 112-208), subtitle F of title XII of the National
Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-
328, the Global Magnitsky Human Rights Accountability Act), or
Executive Order No. 13818.
The Senate amendment contained no similar provision.
The agreement includes the House provision with certain
amendments.
Sec. 5707--Flexibility in addressing rural homelessness
The House bill contained a provision (sec. 5442) that would
amend section 423 of subtitle C of title IV of the McKinney-
Vento Homeless Assistance Act (Public Law 106-400) to modify
the eligible activities that qualify for a grant under that
Act.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Sec. 5708--Master account and services database
The agreement includes a provision to amend the Federal
Reserve Act (Public Law 63-43) by requiring a master account
and services database.
LEGISLATIVE PROVISIONS NOT ADOPTED
Services That Open Portals to Dirty Money Act
The House bill contained a provision (sec. 5401) that
included the Establishing New Authorities for Business
Laundering and Enabling Risks to Security Act and the ENABLERS
Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Review of cyber-related matters at the Department of the Treasury
The House bill contained a provision (sec. 5402) that would
require the Secretary of the Treasury to complete a
comprehensive review of the Department of the Treasury's
efforts dedicated to enhancing cybersecurity capability,
readiness, and resilience of the financial services sector. The
review would be due not later than 270 days after the date of
the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Strengthening awareness of sanctions
The House bill contained a provision (sec. 5403) that would
amend section 312 of title 31, United States Code, to establish
within the Office of Foreign Assets Control (OFAC) the OFAC
Exchange to facilitate a voluntary public-private information
sharing partnership among law enforcement agencies, national
security agencies, financial institutions and OFAC.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Briefing on Chinese support for Afghan illicit finance
The House bill contained a provision (sec. 5404) that would
require the Secretary of Treasury to provide a briefing on the
financial activities of China and Chinese entities in
connection with the finances of Afghanistan and the Taliban.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Payment choice
The House bill contained a provision (sec. 5406) that would
require any person engaged in the business of selling or
offering goods or services at retail to the public at a
physical location to accept cash payment for such goods or
services.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Disclosure requirements relating to China-based hedge funds capital
raising activities in the United States through certain
exempted transactions
The House bill contained a provision (sec. 5407) that would
amend the Securities Exchange Act of 1934 (Public Law 73-291)
to require an issuer domiciled in China that conducts a covered
excepted transaction to provide to the Securities and Exchange
Commission the identity, place of incorporation, amount of the
issuance involved in the covered exempted transaction, the
principal beneficial owners of the issuer and the intended use
of the proceeds from such issuance.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Russia and Belarus financial sanctions
The House bill contained a provision (sec. 5408) that would
require United States financial institutions to take all
actions necessary and available to cause any entity or person
owned or controlled by the institution to comply with any
provision of law concerning sanctions-related statute,
regulation, or order involving Russia or the Republic of
Belarus.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Appraisal standards for single-family housing mortgages
The House bill contained a provision (sec. 5409) that would
amend appraisal standards for single-family housing mortgages.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
China financial threat mitigation
The House bill contained a provision (sec. 5410) that would
require the Secretary of the Treasury to conduct a study and a
report on the exposure of the United States to the financial
sector of China.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Review of Federal Housing Administration small-dollar mortgage
practices
The House bill contained a provision (sec. 5411) that would
require the Secretary of Housing and Urban Development to
conduct a review of its Federal Housing Administration single-
family mortgage insurance policies, practices, and products to
identify barriers or impediments to supporting, facilitating,
and making available mortgage insurance for small dollar
mortgages, as defined by the Secretary, and to submit a report
to Congress on that review.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Disclosure of businesses ties to Russia
The House bill contained a provision (sec. 5412) that would
amend section 13 of the Securities Exchange Act of 1934 (15
U.S.C. 78m) to require disclosure of business ties with Russia.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Small business loan data collection
The House bill contained a provision (sec. 5413) that would
amend section 704B of the Equal Credit Opportunity Act (Public
Law 85-536) by expanding the small business loan data
collection to include LGBTQ-owned businesses.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Nationwide emergency declaration medical supplies enhancement
The House bill contained a provision (sec. 5414) that would
allow the President to deem certain materials to be scarce and
critical materials essential to the national defense during a
nationwide emergency declaration period.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Special measures to fight modern threats
The House bill contained a provision (sec. 5415) that would
amend section 5318A of title 31, United States Code, to provide
for the prohibition or conditioning of certain transmittals of
funds.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Submission of data relating to diversity
The House bill contained a provision (sec. 5416) that would
amend the submission of data relating to diversity.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Diversity advisory group
The House bill contained a provision (sec. 5417) that would
establish a Diversity Advisory Group.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Discount on mortgage insurance premium payments for first-time
homebuyers who complete financial literacy housing counseling
programs
The House bill contained a provision (sec. 5418) that would
amend section 203(c)(2) of the National Housing Act (12 U.S.C.
1709(c)(2)(A)) to provide for a discounted rate for mortgage
insurance premiums for first-time home buyers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Capacity building for community development and affordable housing
The House bill contained a provision (sec. 5419) that would
amend section 4 of the HUD Demonstration Act of 1993 (Public
Law 103-120) by striking ``the National Community Development
Initiative, Local Initiatives Support Corporation, The
Enterprise Foundation, Habitat for Humanity, and Youthbuild
USA'' and inserting ``non-Federal entities, including nonprofit
organizations that can provide technical assistance activities
to community development corporations, community housing
development organizations, community land trusts, nonprofit
organizations in insular areas, and other mission-driven and
nonprofit organizations that target services to low-income and
socially disadvantaged populations, and provide services in
neighborhoods having high concentrations of minority, low-
income, or socially disadvantaged populations.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Affordable housing construction as eligible activity under Community
Development Block Grant Program
The House bill contained a provision (sec. 5420) that would
amend subsection (a) of section 105 of the Housing and
Community Development Act of 1974 (Public Law 93-383) by
including affordable housing construction as an eligible
activity under the community development block grant program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Consideration of small home mortgage lending under Community
Reinvestment Act
The House bill contained a provision (sec. 5421) that would
require the appropriate federal financial supervisory agency to
evaluate the financial institution's performance in
facilitating home mortgage lending targeted to low and
moderate-income borrowers in a safe and sound manner.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition on consumer reports containing adverse information related
to certain student loans
The House bill contained a provision (sec. 5422) that would
prohibit consumer reports from containing adverse information
related to certain student loans.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Extension of the Central Liquidity Facility
The House bill contained a provision (sec. 5423) that would
extend the Central Liquidity Facility until December 31, 2023.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Promoting capital raising options for traditionally underrepresented
small businesses
The House bill contained a provision (sec. 5424) that would
amend section 4(j)(4) of the Securities Exchange Act of 1934 to
require the Office of the Advocate for Small Business Capital
Formation to meet with representatives of state security
commissions to discuss opportunities for collaboration and
coordination with respect to efforts to assist small businesses
and small business investors.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Improvements by countries in combating narcotics-related money
laundering
The House bill contained a provision (sec. 5425) that would
amend section 489(a)(7) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291h(a)(7)) to require that the annual
International Narcotics Control Strategy Report include
examples of improvements related to a country's adoption of law
and regulations to prevent narcotics-related money laundering.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study on the role of online platforms and tenant screening companies in
the housing market
The House bill contained a provision (sec. 5426) that would
require the Secretary of Housing and Urban Development and the
Director of the Bureau of Consumer Financial Protection to
carry out a study on the role of online platforms and tenant
screening companies in the housing market.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5427) that would
require the Secretary of the Treasury to instruct the United
States Executive Director at each multilateral development bank
to express 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.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
United States contribution to the Catastrophe Containment and Relief
Trust at the International Monetary Fund
The House bill contained a provision (sec. 5428) that would
allow the Secretary of the Treasury to contribute $200.0
million on behalf of the United States to the Catastrophe
Containment and Relief Trust of the International Monetary
Fund.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5429) that would
require the Secretary of the Treasury to post on the Department
of the Treasury's website a detailed justification within 60
days after the United States votes to support, or abstains from
voting on, a multilateral development bank project under the
Guidance on Fossil Fuel Energy at the Multilateral Development
Banks.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
United States policy on international finance corporation disclosure of
high and substantial risk sub-projects of financial
intermediary clients
The House bill contained a provision (sec. 5430) that would
require the Secretary of the Treasury to instruct the United
States Executive Director at the International Finance
Corporation to use the voice, vote, and influence of the United
States to seek the adoption at the institution of a policy to
require each financial intermediary client to publicly disclose
high and substantial risk sub-projects of financial
intermediary clients.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
United States policy on multilateral development bank disclosure of
beneficial ownership information
The House bill contained a provision (sec. 5431) that would
amend Title XV of the International Financial Institutions Act
(22 U.S.C. 2620-262o-4) to require the Secretary of the
Treasury to instruct the Executive Director at each
multilateral development bank to advocate for the adoption of a
policy that collects, verifies, and publishes beneficial
ownership information for any corporation or limited liability
company that receives any assistance from the bank.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Strengthening the Securities Exchange Commission's Whistleblower Fund
The House bill contained a provision (sec. 5432) that would
amend the Securities Exchange Commission's Whistleblower Fund.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Addition of United Kingdom and Australia as Defense Production Act
domestic sources
The House bill contained a provision (sec. 5434) that would
amend section 702(7)(A) of the Defense Production Act of 1950
(Public Law 81-774) by striking ``United States or Canada'' and
inserting ``United States, the United Kingdom of Great Britain
and Northern Ireland, Australia, or Canada''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Protections for active duty uniformed consumer
The House bill contained a provision (sec. 5436) that would
amend section 603 of the Fair Credit Reporting Act (15 U.S.C.
1681a) to make various enhancements to protections for
servicemembers experiencing adverse credit events.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Fair debt collection practices for servicemembers
The House bill contained a provision (sec. 5437) that would
amend section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) to make certain modifications to protections
concerning debt collector communications with servicemembers
concerning their debt.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Grant program for grandfamily housing
The House bill contained a provision (sec. 5441) that would
require the Secretary of Housing and Urban Development to
establish a program to provide grants to owners of
intergenerational dwelling units.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Promoting diversity and inclusion in the appraisal profession
The House bill contained a provision (sec. 5443) that would
make various amendments to the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (Public Law 101-73) to
promote diversity and inclusion in the appraisal industry.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Combating Trade-Based Money Laundering
The House bill contained a provision (sec. 5444) that would
express the sense of Congress regarding combating trade-based
money laundering.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Disclosure of disability, veteran, and military status
The House bill contained a provision (sec. 5445) that would
amend section 304 of the Home Mortgage Disclosure Act of 1975
(12 U.S.C. 2803) to add veteran, military, and disability
status in data collected relating to the number and dollar
amount of mortgage loans and completed applications involving
mortgagors or mortgage applicants.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Strengthening Cybersecurity for the Financial Sector
The House bill contained a provision (sec. 5446) that would
amend section 206A of the Federal Credit Union Act (12 U.S.C.
1786a) to reauthorize provisions of that section concerning the
regulation and examination of credit union organizations and
service providers, and to make various other technical
modifications.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Review of International Monetary Fund loan surcharge policy
The House bill contained a provision (sec. 5447) that would
require the Secretary of the Treasury to instruct the Executive
Director at the International Monetary Fund (IMF) to initiate a
review of the surcharge policy of the IMF to be completed, and
its results and underlying data published, within 365 days and
to suspend and waive surcharge payments during the pendency of
the review.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Grants to eligible entities for enhanced protection of senior investors
and senior policyholders
The House bill contained a provision (sec. 5448) that would
amend section 989A of the Investor Protection and Securities
Reform Act of 2010 (15 U.S.C. 5537) to authorize grants to
certain eligible entities for enhanced protection of senior
investors and senior policyholders.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Banking transparency for sanctioned persons
The House bill contained a provision (sec. 5449) that would
require the Secretary of the Treasury to issue a report on
financial services benefiting state sponsors of terrorism,
human rights abusers, and corrupt officials.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Bureau servicemember and veteran credit reporting ombudsperson
The House bill contained a provision (sec. 5450) that would
amend section 611 of the Fair Credit Reporting Act (15 U.S.C.
1681i) to require the Bureau of Consumer Financial Protection
to establish the position of servicemember and veteran credit
reporting ombudsperson.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Senior investor taskforce
The House bill contained a provision (sec. 5451) that would
amend section 4 of the Securities Exchange Act of 1934 (15
U.S.C. 78d) to establish within the Securities and Exchange
Commission a senior investor task force.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Military service question
The House bill contained a provision (sec. 5452) that would
amend subtitle A of title VIII of the Housing and Community
Development Act of 1992 (Public Law 102-550) to require the
inclusion of a military service question on the form known as
the Uniform Residential Loan Application, positioned above the
signature line of the Uniform Residential Loan Application.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition on trading ahead by market makers
The House bill contained a provision (sec. 5453) that would
amend section 15 of the Securities Exchange Act of 1934 (15
U.S.C. 78o) to prohibit trading ahead by market makers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Securing America's vaccines for emergencies
The House bill contained a provision (sec. 5454) that would
require the President to submit a strategy on securing supply
chains for medical materials.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Special Drawing Rights exchange prohibition
The House bill contained a provision (sec. 5455) that would
prohibit the Secretary of the Treasury from engaging in any
transaction involving the exchange of Special Drawing Rights
issued by the International Monetary Fund that are held by the
Russian Federation or Belarus.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition on insider trading
The House bill contained a provision (sec. 5456) that would
amend the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) to prohibit the trading of securities under certain
circumstances involving the use of material, nonpublic
information.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Community development block grant disaster recovery program
The House bill contained a provision (sec. 5457) that would
amend the Housing and Community Development Act of 1974 (Public
Law 93-383) to allow the Secretary of Housing and Urban
Development to provide assistance to states, including Puerto
Rico units of general local government and Indian tribes for
necessary expenses for activities related to disaster relief,
resiliency, long-term recovery, restoration of infrastructure
and housing, mitigation, and economic revitalization in the
most impacted and distressed areas resulting from a major
disaster.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
SAFE Banking Act of 2022
The House bill contained provisions (secs. 5461-5475) that
would allow state-legal cannabis businesses to access the
banking system.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Title LVIII--Financial Data Transparency
Secs. 5801-5893--Financial Data Transparency Act of 2022
The House bill contained division H that included the
Financial Transparency Act of 2022.
The Senate amendment contained no similar provision.
The agreement includes the House provision with technical
amendments.
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 non-immigrant H-2B workers
The Senate amendment contained a provision (sec. 1047) that
would amend section 6(b)(1)(B) of the Joint Resolution titled
``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''
(48 U.S.C. 1806(b)(1)(B)), approved March 24, 1976, by
extending the deadline for certain non-immigrant H-2B workers.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment to extend the deadline to the end of 2024.
Sec. 5902--Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas
The House bill contained a provision (sec. 5802) that would
consider Portugal to be a described foreign state for the
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))
if the Government of Portugal provides similar nonimmigrant
status to nationals of the United States and modify the
eligibility criteria under that section of the Act for E visas.
The Senate amendment contained an identical provision (sec.
6271).
The agreement includes this provision.
Sec. 5903--Incentives for States to create sexual assault survivors'
bill of rights
The House bill contained a provision (sec. 5922) that would
require the Attorney General to increase the amount of the
covered formula grant provided to a state in accordance with
this section if the state has in effect a law that provides to
sexual assault survivors the rights, at a minimum, under
section 3772 of title 18, United States Code.
The Senate amendment contained a similar provision (sec.
6038).
The agreement includes the Senate provision with an
amendment to section 240001 of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12621) to reauthorize
the Missing Americans Alert Program.
Sec. 5904--Extending the statute of limitations for certain money
laundering offenses
The House bill contained a provision (sec. 5909) that would
amend section 1956 of title 18, United States Code, to prohibit
a person from being punished or tried for certain violations
unless the indictment is found or the information is instituted
not later than 7 years after the date on which the offense was
committed.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment regarding the effective date of the provision.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911--Financial assistance for construction of test beds and
specialized facilities
The Senate amendment contained a provision (sec. 6032) that
would allow the Secretary of Commerce to award financial
assistance for the construction of test beds and specialized
facilities by Manufacturing USA institutes.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 5912--Reports on arctic research, budget, and spending
The Senate amendment contained a provision (sec. 6023) that
would require the Director of the Office of Management and
Budget to submit a report regarding all existing federal
programs relating to Arctic research.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
modifying amendment.
Sec. 5913--National research and development strategy for distributed
ledger technology
The House bill contained a provision (sec. 5804) that would
require the Director of the Office of Science and Technology
Policy develop a national strategy for the research and
development of distributed ledger technologies and their
applications, including applications of public and
permissionless distributed ledgers.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5914--Technical corrections
The Senate amendment contained a number of provisions
(secs. 8103-8105) that would expand the American Assured Fuel
Supply Program of the Department of Energy to ensure the
availability of domestically produced, converted, and enriched
uranium in the event of a supply disruption and establish a
program, to be known as the High Assay Low Enriched Uranium
(HALEU) for Advanced Nuclear Reactor Demonstration Projects
Program, to ensure there are available supplies of HALEU for
advanced nuclear reactors.
The House bill contained no similar provisions.
The agreement includes one of the Senate provisions (sec.
8104), which would provide the Department of Energy authority
to demonstrate isotope production should it be deemed feasible
and would clarify that fuel services for new research reactors
established as part of the CHIPS and Science Act of 2022
(Public Law 117-167) authorization will be provided in the same
manner as fuel services for existing research reactors, with
technical and conforming changes.
Subtitle C--FedRAMP Authorization Act
Sec. 5921--FedRAMP Authorization Act
The House bill contained a provision (sec. 5911) that would
codify within the General Services Administration the Federal
Risk and Authorization Management Program, which provides a
standardized, reusable approach to security assessment and
authorization for cloud computing products and services that
process unclassified information used by agencies.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment.
Subtitle D--Judicial Security and Privacy
Secs. 5931-5939--Judicial Security and Privacy
The Senate amendment contained a series of provisions (sec.
6041-6049) that would enact the ``Daniel Anderl Judicial
Security and Privacy Act of 2021''.
The House bill contained no similar provisions.
The agreement includes these provisions with a clarifying
amendment.
Subtitle E--Other Matters
Sec. 5941--Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at wholesale produce
markets
The House bill contained a provision (sec. 5318) that would
require the Secretary of Agriculture to submit a report on
improving supply chain shortfalls and infrastructure needs at
wholesale produce markets.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 5942--Extension of deadline for transfer of parcels of land in New
Mexico
The House bill contained a provision (sec. 3121) that would
extend the deadline for the transfer of parcels of land in New
Mexico.
The Senate amendment contained a similar provision (sec.
3115) that would require the Secretary of Energy to remediate,
by September 30, 2032, certain parcels of land for conveyance
under the jurisdiction of the Secretary of Energy in the
vicinity of Los Alamos, New Mexico.
The agreement includes the House provision.
Sec. 5943--Ending global wildlife poaching and trafficking
The Senate amendment contained a provision (sec. 6273)
titled ``Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Reauthorization and Improvements Act of 2022.''
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 5944--Cost-sharing requirements applicable to certain Bureau of
Reclamation dams and dikes
The Senate amendment contained a provision (sec. 6039I)
that would amend America's Water Infrastructure Act of 2018
(Public Law 115-270).
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 5945--Transfer of National Oceanic and Atmospheric Administration
property in Norfolk, Virginia
The House bill contained a provision (sec. 5847) that would
allow the Secretary of Commerce to sell or exchange certain
National Oceanic and Atmospheric Administration property
located in Norfolk, Virginia.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5946--Other matters
The House bill contained a provision (sec. 5504) that would
designate the reef between San Miguel Passage in the Chanel
Island National Marine Sanctuary as the Brennan Reef.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 5947--Enhancing transparency on international agreements and non-
binding instruments
The agreement includes provisions that would amend section
112B of title 1, United States Code, to require the Secretary
of State to provide the text and other documentation regarding
international agreements and specified qualifying non-binding
instruments with foreign governments, international
organizations, or foreign entities.
Sec. 5948--Ukraine Invasion War Crimes Deterrence and Accountability
Act
The agreement includes the Ukraine Invasion War Crimes
Deterrence and Accountability Act of 2022.
Sec. 5949--Prohibition on certain semiconductor products and services
The Senate amendment contained a provision (sec. 5871) that
would update the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) to include
semiconductor products and services from specified Chinese
companies within the prohibition.
The House bill contained no similar provision.
The agreement includes the Senate provision with modifying
amendments.
We note that the intent of Congress in advancing this
proposal is that, in serving federal supply chains, Federal
contract recipients and their suppliers (including domestic and
foreign subsidiaries, affiliates, distributors, and
intermediaries) should not utilize companies connected to
foreign countries of concern that threaten national security,
such as Semiconductor Manufacturing International Corporation,
Yangtze Memory Technologies Corp, and ChangXin Memory
Technologies, or any other company identified under this
section (including any affiliate, subsidiary, successor,
distributor, or intermediary thereof). Furthermore, we believe
that for the purposes of waivers that may be issued under this
section, critical national security interests of the United
States may include protecting the Nation's economic security
and its technological competitiveness relative to strategic
competitors.
With regard to the regulations to be prescribed by the
Federal Acquisition Regulatory Council, the intent of this
provision is to include both contractors and suppliers, to the
extent possible under the Federal Acquisition Regulation. We
recognize that if the executive branch makes recommendations
that would align the provision to what may be implemented under
Federal Acquisition Regulation authority, those modifications
will be made in future years. We also urge the Federal
Acquisition Security Council to consult with relevant industry
stakeholders, as required by title 41 of United States Code, in
developing recommendations related to mitigating supply chain
security risks.
LEGISLATIVE PROVISIONS NOT ADOPTED
Public Lands
The House bill contained Division I that included the
Protecting America's Wilderness Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Servicemember protections for medical debt collections
The House bill contained a provision (sec. 5435) that would
amend sections 603, 605, 623, and 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a) to enhance
servicemember protections for medical debt collections.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and
Fair Opportunity amendment
The House bill contained a provision (sec. 5501) that would
amend the Ysleta del Sur Pueblo and Alabama and Coushatta
Indian Tribes of Texas Restoration Act (Public Law 100-89) by
prohibiting any construction from precluding or limiting the
applicability of the Indian Gaming Regulatory Act (Public Law
100-497).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Inclusion of Commonwealth of the Northern Mariana Islands and American
Samoa
The House bill contained a provision (sec. 5502) that would
amend the Wagner-Peyser Act (Public Law 73-30) to include the
Commonwealth of Northern Mariana Islands and American Samoa.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Establishment of Fund
The House bill contained a provision (sec. 5505) that would
require the Secretary of Interior to enter into an agreement
with the Foundation to establish the Community Resilience and
Restoration Fund at the Foundation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Leasing on the Outer Continental Shelf
The House bill contained a provision (sec. 5506) that would
allow the Secretary of the Interior to grant leases in the
South Atlantic Planning Area, the Straits of Florida Planning
Area, and the Mid Atlantic Planning Area.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Continental Divide National Scenic Trail
The House bill contained a provision (sec. 5507) that would
require the Secretaries of Agriculture and Interior to ensure
the completion of the Continental Divide National Scenic Trail
as a contiguous route.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sacramento-San Joaquin Delta National Heritage Area
The House bill contained a provision (sec. 5508) that would
require the Sacramento-San Joaquin Delta National Heritage Area
to include the Rio Vista/Expansion Area on the map entitled
``Sacramento-San Joaquin Delta National Heritage Area Proposed
Boundary Expansion.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
New York-New Jersey Watershed Protection
The House bill contained a provision (sec. 5509) that would
require the Secretary of the Interior to establish a
nonregulatory program to be known as the ``New York-New Jersey
Watershed Restoration Program''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Authorization of appropriations for the National Maritime Heritage
Grant Program
The House bill contained a provision (sec. 5510) that would
amend section 308703 of title 54, United States Code, to
authorize to be appropriated $10.0 million for the National
Maritime Heritage Grant Program annually for fiscal years 2023
and 2024.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Berryessa Snow Mountain National Monument Expansion
The House bill contained a provision (sec. 5511) that would
require the Secretaries of Interior and Agriculture to jointly
develop a comprehensive management plan for the Berryessa Snow
Mountain National Monument.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Minimum wage for Federal contractors
The House bill contained a provision (sec. 5702) that would
prohibit any Federal department or agency from requiring any
Federal contract entered into on or after the date of enactment
of this section to include a clause requiring that workers
employed in the performance of such contract or any covered
subcontract (as defined in such regulations) be paid at a
minimum wage that exceeds the minimum wage in effect pursuant
to Executive Order 14026 and regulations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Federal wildland firefighter recruitment and retention
The House bill contained a provision (sec. 5703) that would
require the Director of the Office of Personnel Management to
establish a program under which a recruitment or retention
bonus of not less than $1,000 may be paid to a Federal wildland
firefighter in an amount as determined appropriate by the
Director of the Office of Personnel Management, the Secretary
of Agriculture, and the Secretary of the Interior.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study and report on returnship programs
The House bill contained a provision (sec. 5704) that would
require the Secretary of Defense to conduct a study on the
feasibility and benefits of establishing returnship programs
for the civilian workforce of the Department of Defense and to
submit a report to Congress on the results of this study.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitations on exception of competitive service positions
The House bill contained a provision (sec. 5705) that would
prevent positions in the competitive service being excepted
from the competitive service, unless placed in any of the
schedules A through E as described in section 6.2 of title 5,
Code of Federal Regulations, as in effect on September 30,
2020.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Afghan Allies Protection
The House bill contained a provision (sec. 5801) that would
amend the Afghan Allies Protection Act of 2009 (Public Law 111-
8) to expand eligibility for the Special Immigrant Visa (SIV)
program to those Afghans who were wounded or seriously injured
in connection with their employment by, or on behalf of the
United States Government before completing 1 year of service.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Arms Exports Delivery Solutions Act
The House bill contained a provision (sec. 5806) that would
express the sense of Congress regarding arms exports to United
States allies and partners and require a pair of reports from
the Secretary of State and the Secretary of Defense not later
than March 1, 2023, and March 1, 2024.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that provisions relating to a report on the
delivery of defense articles and defense services pursuant to
the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
included elsewhere in this Act.
Prohibition of Federal funding for induced or required undermining of
security of consumer communications goods
The House bill contained a provision (sec. 5808) that would
prohibit the use of funds by any Federal agency to require,
support, pay, or otherwise induce any private sector provider
of consumer software and hardware to undermine the security of
consumer communication goods.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Foreign state computer intrusions
The House bill contained a provision (sec. 5809) that would
amend chapter 97 of title 28, United States Code, by including
that a foreign state shall not be immune from the jurisdiction
of the courts of the United States or of the States in any case
not otherwise covered by this chapter in which money damages
are sought against a foreign state by a national of the United
States for personal injury, harm to reputation, or damage to or
loss of property resulting from computer intrusions, whether
occurring in the United States or a foreign state.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
School PFAS testing and filtration program
The House bill contained a provision (sec. 5810) that would
require the Secretary of Defense to establish a program to test
for perfluoroalkyl and polyfluoroalkyl substances in drinking
water at eligible entities and install water filtration systems
effective for reducing perfluoroalkyl and polyfluoroalkyl
substances.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on EMT national licensing standards
The House bill contained a provision (sec. 5811) that would
require the Secretary of Defense, in coordination with the
military services, to submit a report to Congress regarding how
the Department of Defense can incorporate EMT national
licensing standards into their existing training.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to provide a briefing to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the
feasibility of incorporating EMT national licensing standards
into the Department's training curricula.
Requirement for cut flowers and cut greens displayed in certain Federal
buildings to be produced in the United States
The House bill contained a provision (sec. 5812) that would
prohibit a cut flower or a cut green from being officially
displayed in any public area of a building of the Executive
Office of the President, of the Department of State, or of the
Department of Defense that is in a state of the United States
or in the District of Columbia, unless the cut flower or cut
green is produced in the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Interagency report on extremist activity
The House bill contained a provision (sec. 5814) that would
require the Director of the Federal Bureau of Investigation,
the Secretary of Homeland Security, and the Secretary of
Defense to publish a report that analyzes and sets out
strategies to combat White supremacist and Neo-Nazi activity in
the uniformed services and Federal law enforcement agencies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Reporting on previous Federal Bureau of Investigation and Department of
Homeland Security requirements
The House bill contained a provision (sec. 5815) that would
require the Director of the Federal Bureau of Investigation and
the Secretary of Homeland Security, in consultation with the
Office of the Director of National Intelligence, to submit to
the appropriate congressional committees a report on the
processes needed to regularly report to Congress on domestic
terrorism threats pursuant to section 5602 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), not later than 60 days after the date of enactment of this
Act. The provision would also require the Government
Accountability Office to produce a report providing a full
review of the Federal Bureau of Investigation's, the Secretary
of Homeland Security's, and the Office of the Director of
National Intelligence's compliance with domestic terrorism
transparency mechanisms required by Federal law, including the
National Defense Authorization Act for Fiscal Year 2020.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
PFAS data call
The House bill contained a provision (sec. 5816) that would
amend section 8(a)(7) of the Toxic Substances Control Act
(Public Law 94-469) by inserting ``that contains at least one
fully fluorinated carbon atom,'' after ``perfluoroalkyl or
polyfluoroalkyl substance''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition on contracting with persons with willful or repeated
violations of the Fair Labor Standards Act of 1938
The House bill contained a provision (sec. 5817) that would
require the Secretary of Labor to initiate a debarment
proceeding with respect to a covered person for whom
information regarding two or more willful or repeated
violations of the Fair Labor Standards Act of 1938 is included
in the database established under subsection (a) of section
2313 of title 41, United States Code.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on human rights in the Philippines
The House bill contained a provision (sec. 5818) that would
require the Secretary of State to submit a report that assesses
extrajudicial killings and other human rights violations
committed by the Philippines military, police, and paramilitary
forces and a description of the human rights climate in the
Philippines.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Requirement for the Secretary of Housing and Urban Development to
annually report complaints of sexual harassment
The House bill contained a provision (sec. 5819) that would
amend section 808 of the Fair Housing Act (42 U.S.C. 3608) to
require the Secretary of Housing and Urban Development to
include in an annual report submitted to Congress data on the
number of instances in the preceding year in which complaints
of discriminatory housing practices were filed with the
Department of Housing and Urban Development or a fair housing
assistance program, including identification of whether each
complaint was filed with respect to discrimination based on
race, color, religion, national origin, sex, handicap, or
familial status.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Labor study on factors affecting employment opportunities
for immigrants and refugees with professional credentials
obtained in foreign countries
The House bill contained a provision (sec. 5820) that would
require the Secretary of Labor, in coordination with various
other heads of Federal agencies, to conduct a study of the
factors affecting employment opportunities in the United States
for certain immigrants and refugees possessing professional
credentials obtained outside the United States, and to submit a
report to Congress on the results of this study.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Sense of Congress and statement of policy on Haiti
The House bill contained a provision (sec. 5821) that would
express the sense of Congress that the security, freedom, and
well-being of Haitians are intertwined with that of the United
States, and United States interests are not served by an
unstable or unsafe Haiti.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Correctional Facility Disaster Preparedness
The House bill contained a provision (sec. 5822) that would
require the Director of the Bureau of Prisons to submit an
annual report of disaster damage on the scope of physical
damage from a major disaster in each Bureau of Prisons facility
and its contract prisons impacted or struck by a major disaster
that explains the effects of the damage on inmates and staff.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Nondiscrimination in Federal hiring for veteran medical cannabis users;
Authorized provision of information on State-approved marijuana
programs to veterans
The House bill included a provision (sec. 5823) that would
prohibit discrimination in Federal hiring against certain
veterans on the basis of their having used cannabis.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on Certain Entities Connected to Foreign Persons on the Murder
of Jamal Khashoggi
The House bill contained a provision (sec. 5824) that would
require Secretary of State and Director of National
Intelligence to report on additional entities tied to the
individuals listed in the Office of the Director of National
Intelligence report on parties responsible for the Jamal
Khashoggi murder.
The Senate amendment contained no similar provision.
The agreement does not contain this provision.
Review of implementation of United States sanctions with respect to
violators of the arms embargo on Libya
The House bill contained a provision (sec. 5825) that would
require the President to submit a report that describes whether
the President has determined that all private companies listed
for facilitating violations of the United Nations arms embargo
on Libya meet the criteria for the imposition of sanctions
under section 1(a) of Executive Order 13726 (81 Fed. Reg.
23559).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modification of prior notification of shipment of arms
The House bill contained a provision (sec. 5826) that would
amend section 36 of the Arms Export Control Act (22 U.S.C.
2776) to require the President of the United States to provide
notification of a shipment of defense articles at least 30 days
prior to the initial and final shipment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Study and report on feasibility of suspension of mergers, acquisitions,
and takeovers of certain foreign surveillance companies
The House bill contained a provision (sec. 5827) that would
require the Secretary of Commerce to conduct a study and submit
a report on the feasibility of suspension of mergers,
acquisitions, and takeovers of certain foreign surveillance
companies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on political prisoners in Egypt
The House bill contained a provision (sec. 5828) that would
require the Secretary of State, in consultation with the
Director of National Intelligence, to submit a report on the
status of political prisoners in Egypt.
The Senate amendment contains no similar provision.
The agreement does not include this provision.
Attorney General authority to transfer forfeited Russian assets to
assist Ukraine
The House bill contained a provision (sec. 5829) that would
allow the Attorney General to transfer to the Secretary of
State the proceeds of any covered forfeited property for use by
the Secretary to provide assistance to Ukraine to remediate the
harms of Russian aggression towards Ukraine.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Removing Russian rough diamonds from global markets
The House bill contained a provision (sec. 5830) that would
express the sense of Congress that the Secretary of State
should instruct the United States at each international
institution to advocate for the expulsion of Russia from the
Kimberley Process in a timely manner and to work with partner
countries to ensure Russian rough diamonds, precious metals, or
other assets are not used to circumvent United States
sanctions.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Liu Xiaobo Fund for Study of the Chinese language
The House bill contained a provision (sec. 5831) that would
express the sense of Congress that, as a substitute to the
Confucius Institutes, the U.S. Government should invest heavily
into alternative programs and institutions that ensure there
remains a robust pipeline of Americans learning China's many
languages and that it is in the national security interests of
the United States to ensure that Americans continue to invest
in Chinese language skills in a context free of malign
political influence from foreign state actors. This provision
also would establish the ``Liu Xiaobo Fund for Study of the
Chinese Language'' in the Department of State to fund study by
United States persons of any contemporary spoken languages of
China.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Japanese American confinement education grants
The House bill contained a provision (sec. 5833) that would
amend Public Law 109-441 (120 Stat. 3290) to include a section
that defines ``Japanese American Confinement Education Grants''
as competitive grants, awarded through the Japanese American
Confinement Sites Program, for Japanese American organizations
to educate individuals in the United States on the historical
importance of Japanese American confinement during World War
II.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Reporting on internationally recognized human rights in the United
States in the annual Country Reports on Human Rights Practices
The House bill contained a provision (sec. 5834) that would
amend section 116 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n) by adding a section regarding internationally
recognized human rights in the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Blackwater Trading Post Land
The House bill contained a provision (sec. 5839) that would
require the Secretary of Interior to take the Blackwater
Trading Post land into trust.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Authorizations relating to veterinary care overseas
The House bill contained a provision (sec. 5840) that would
allow the Secretary of State to enter into contracts with
individuals who are licensed in the United States for the
provision of personal services to provide veterinary care
overseas for domestic animals of such officers, employees, and
dependents.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Crisis counseling assistance and training
The House bill contained a provision (sec. 5841) that would
amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 100-707) to include crisis
counseling assistance and training.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that this provision is addressed elsewhere in this
Act in the Transportation and Infrastructure Matters title.
Prohibited uses of acquired, donated, and conservation land
The House bill contained a provision (sec. 5842) that would
amend the prohibited uses of acquired, donated, and
conservation land under the California Desert Protection Act of
1994 (Public Law 103-433).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Jamal Khashoggi Press Freedom Accountability Act of 2021
The House bill contained a provision (sec. 5843) known as
the Jamal Khashoggi Press Freedom Accountability Act of 2021
that would expand the reporting requirements related to
violations of the human rights of journalists. It would also
require the President to impose certain sanctions on persons
responsible for gross violations of the human rights of
journalists. The House provision would also prohibit certain
foreign assistance to a governmental entity of a country if an
official acting under authority of the entity has committed a
gross violation of human rights against a journalist.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
GAO study on the Daniel Pearl Freedom of the Press Act of 2009
The House bill contained a provision (sec. 5844) that would
require the Comptroller General to evaluate the implementation
of the Daniel Pearl Freedom of the Press Act of 2009 (P.L. 111-
166) and report to Congress with any recommendations for
legislative or regulatory action that would improve the efforts
of the Department of State to report on issues of press freedom
abroad.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Elimination of sentencing disparity for cocaine offenses
The House bill contained a provision (sec. 5848) that would
repeal certain provisions of the Controlled Substances Act
(Public Law 91-513) that provide for increased penalties for
certain cocaine offenses.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Support for Afghan Special Immigrant Visa and Refugee Applicants
The House bill contained a provision (sec. 5850) that would
require the Secretary of State, in coordination with the
Secretary of the Department of Homeland Security and the heads
of other relevant Federal departments and agencies, to further
surge capacity to support the applications of Afghan Special
Immigrant Visas (SIVs), and referrals of nationals of
Afghanistan to the United States Refugee Admissions Program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Liability for failure to disclose or update information
The House bill contained a provision (sec. 5851) that would
require the Administrator of General Services to submit a
report that assesses the utility and risks of beneficial
ownership disclosures by persons with Federal agency contracts
and grants.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Government Accountability Office study and report on contractors using
distributors to avoid scrutiny
The House bill contained a provision (sec. 5852) that would
require the Comptroller General of the United States to conduct
a study on Federal Government contractors that supply goods to
executive agencies using distributors or other intermediaries.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General of the United States to
provide a study on the use of distributors and other
intermediaries by contractors that supply goods to Federal
Government agencies not later than 1 year after the enactment
of this Act. The study required shall assess: (1) The
advantages and disadvantages of the use of distributors or
other intermediaries by contractors to supply goods to such
agencies; and (2) Whether the use of distributors or other
intermediaries by contractors has an effect on the ability of
the Federal Government to acquire goods required by the Federal
Government at reasonable prices. The Comptroller General shall
submit a report containing the results of the study to the
Committee on Armed Services of the Senate and the House of
Representatives, the Committee on Homeland Security and
Government Affairs of the Senate; and Committee on Oversight
and Reform of the House of Representatives.
Supplement to Federal Employee Viewpoint Survey
The House bill contained a provision (sec. 5853) that would
require the Director of the Office of Personnel and Management
to make available through a secure and accessible online portal
a supplement to the Federal Employee Viewpoint Survey to assess
employee experiences with workplace harassment and
discrimination.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Certain activities relating to intimate visual depictions
The House bill contained a provision (sec. 5854) that would
amend chapter 88 of title 18, United States Code, to prohibit
mailing or distributing certain intimate visual depictions of
another individual.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5857) that would
prohibit the Secretary of Commerce from granting a license or
other authorization for the export of certain items previously
listed on the United States Munitions List unless, before
granting the license or authorization, the Secretary provides a
written certification with respect to such proposed export
license or other authorization.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Waiver of special use permit application fee for veterans' special
events
The House bill contained a provision (sec. 5855) that would
require the application fee to be waived for any special use
permit solely for a veterans' special event at war memorials on
land administered by the National Park Service in the District
of Columbia and its environs.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Review of standard occupational classification system
The House bill contained a provision (sec. 5858) that would
require the Director of the Office of Management and Budget, by
not later than 30 days after the date of the enactment of this
Act, to categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
United States Fire Administration on-site investigations of major fires
The House bill contained a provision (sec. 5859) that would
allow the Administrator of the Federal Emergency Management
Agency to send incident investigators to the site of the fire
to conduct an investigation.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Multilateral agreement to establish an independent international center
for research on the information environment
The House bill contained a provision (sec. 5860) that would
require the Secretary of State to seek to negotiate an
agreement on a multilateral basis with countries that are
allies or partners of the United States, including countries
that are members of the Group of Seven (G7), to establish an
independent international center for research on the
information environment.
The Senate amendment contained no similar provisions.
The agreement does not include this provision.
Prohibition on certain assistance to the Philippines
The House bill contained a provision (sec. 5863) that would
prohibit Department of State funds from being used to provide
assistance to the Philippine National Police until the
Secretary of State provides certification that the Government
of the Philippines has investigated and successfully prosecuted
members of the Philippine National Police who have violated
human rights; established that the Philippine National Police
effectively protects the rights of trade unionists,
journalists, human rights defenders, critics of the government,
faith and religious leaders, and other civil society activists
to operate without interference; taken effective steps to
guarantee a judicial system that is capable of investigating,
prosecuting, and bringing to justice members of the police and
military who have committed human rights abuses; and fully
complied with domestic and United States audits and
investigations regarding the improper use of prior security
assistance.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on Colombian military forces
The House bill contained a provision (sec. 5865) that would
require the Secretary of State to submit a report documenting
knowledge and intelligence regarding Colombian military forces
from 1980-2010.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the strategic importance of the defense and
national security relationship between the United States and
Colombia in furthering our shared interests and values,
including countering the malign activities of state and non-
state actors in the region, including China, Russia, and
transnational criminal organizations, as well as the protection
and preservation of human rights. We commend the progress made
in ending Colombia's civil war. We note that it is important
for the U.S.-Colombia relationship to build on this progress as
both countries seek to ensure peace in the Western Hemisphere.
Therefore, we direct the Assistant Secretary of Defense for
International Security Affairs to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than May 1, 2023, on Department of
Defense efforts to support further strengthening the U.S.-
Colombia relationship, enhance cooperation to counter malign
activities and related threats in the region, and ensure the
prioritization and protection of human rights.
Federal Contracting for Peace and Security
The House bill contained a provision (sec. 5866) that would
require the Director of the Office of Management and Budget to
promulgate regulations for agency implementation of this Act
using emergency rule-making procedures while considering public
comment.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Democracy disruption in the Middle East and Africa
The House bill contained a provision (sec. 5868) that would
require a report from the Department of State and other
agencies on the disruption of democracy and support for
authoritarian leaders in the U.S. Central Command and U.S.
Africa Command area of responsibility by certain foreign
governments.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Reports on substance abuse in the Armed Forces
The House bill contained a provision (sec. 5871) that would
require the Secretaries of the military departments and the
Commandant of the Marine Corps to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives on substance abuse disorder treatment concerns
related to servicemembers and their dependents and to submit
another report on the substance abuse treatment programs
located near military installations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2023, on the
Department of Defense's substance abuse disorder treatment
programs. Such briefing shall include a description of the
processes and procedures for referral of servicemembers to such
programs with a listing of program locations within and outside
the continental United States.
GAO report on civilian support positions at remote military
installations
The House bill contained a provision (sec. 5872) that would
require the Comptroller General of the United States to submit
a report on civilian support positions at remote military
installations.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We direct the Comptroller General to assess and submit a
report to the congressional defense committees not later than
March 1, 2025, on the following: (1) The average number of
vacancies for civilian support services positions at remote or
isolated military installations in comparison to vacancies for
such positions at other military installations; (2) The average
number of days required to fill such a vacancy at a remote and
isolated military installation in comparison to filling a
vacancy of a position with the same duties at such other
installations; and (3) Any recommendations on additional hiring
incentives for civilian support services positions at remote or
isolated installations, and any recommendations on ways to
ensure that such positions are able to effectively staff
positions in order to meet the mission of their applicable
military installation. In carrying out this assessment, the
Comptroller General shall account for the differences in
military population size.
GAO study on Foreign Service Institute's School of Language Studies
The House bill contained a provision (sec. 5873) that would
require the Comptroller General of the United States to conduct
a study on whether the Foreign Service Institute's School of
Language Studies curriculum and instruction effectively
prepares United States Government employees to advance United
States diplomatic and national security priorities abroad.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Amendments to the Ukraine Freedom Support Act of 2014
The House bill contained a provision (sec. 5875) that would
require the President to establish an interagency working group
to address semiconductor supply chain issues caused by Russia's
attack on Ukraine.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
GAO study on end use monitoring
The House bill contained a provision (sec. 5876) that would
require the Comptroller General of the United States to provide
notification on a review of the implementation by the
Department of Defense and Department of State of end-use
monitoring (EUM).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note the importance of EUM of U.S. security assistance
for providing assurances that transferred defense articles and
services are being used by recipient countries for their
intended purposes. The Government Accountability Office
reviewed the EUM procedures, including the Department of
Defense Golden Sentry program, in producing a November 2022
report entitled, ``Northern Triangle: DOD and State Need
Improved Policies to Address Equipment Misuse'' (GAO-23-
105856).
We direct the Comptroller General of the United States to
brief the Committees on Armed Services of the Senate and the
House of Representatives, not later than March 1, 2023, on the
findings and recommendations of that report and any additional
recommendations of the Comptroller General regarding the use of
EUM procedures to ensure that U.S. security assistance is used
for its intended purposes.
Sense of Congress regarding the life and legacy of Senator Joseph
Maxwell Cleland
The House bill contained a provision (sec. 5877) that would
express a sense of Congress regarding the life and legacy of
Senator Joseph Maxwell Cleland.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We find the following:
(1) Joseph Maxwell Cleland was born August 24, 1942,
in Atlanta, Georgia, the child of Juanita Kesler
Cleland and Joseph Hughie Cleland, a World War II
veteran, and grew up in Lithonia, Georgia;
(2) Joseph Maxwell Cleland graduated from Stetson
University in Florida in 1964, and received his
master's degree in history from Emory University in
1968;
(3) Following his graduation from Stetson University,
Joseph Maxwell Cleland received a Second Lieutenant's
commission in the Army through its Reserve Officers'
Training Corps program;
(4) Joseph Maxwell Cleland volunteered for duty in
the Vietnam War in 1967, serving with the 1st Cavalry
Division;
(5) On April 8, 1968, during combat near the mountain
base at Khe Sanh, Joseph Maxwell Cleland was gravely
injured by the blast of a grenade, eventually losing
both his legs and right arm;
(6) Joseph Maxwell Cleland was awarded the Bronze
Star for meritorious service and the Silver Star for
gallantry in action;
(7) In 1970, Joseph Maxwell Cleland was elected to
the Georgia Senate as the youngest member and the only
Vietnam veteran, where he served until 1975;
(8) As a Georgia State Senator, Joseph Maxwell
Cleland authored and advanced legislation to ensure
access to public facilities in Georgia for elderly and
handicapped individuals;
(9) In 1975, Joseph Maxwell Cleland began serving as
a staffer on the Committee on Veterans Affairs of the
Senate;
(10) In 1977, Joseph Maxwell Cleland was appointed by
President Jimmy Carter to lead the Veterans
Administration;
(11) He was the youngest Administrator of the
Veterans Administration ever and the first Vietnam
veteran to head the agency;
(12) He served as a champion for veterans and led the
Veterans Administration to recognize, and begin to
treat, post-traumatic stress disorder in veterans
suffering the invisible wounds of war;
(13) Joseph Maxwell Cleland was elected in 1982 as
Georgia's Secretary of State, the youngest individual
to hold the office, and served in that position for 14
years;
(14) in 1996, Joseph Maxwell Cleland was elected to
the United States Senate representing Georgia;
(15) As a member of the Committee on Armed Services
of the Senate, Joseph Maxwell Cleland advocated for a
strong national defense, servicemembers, and veterans,
including by championing key personnel issues, playing
a critical role in the effort to allow servicemembers
to pass their GI Bill education benefits to their
children, and establishing a new veterans cemetery in
Canton, Georgia;
(16) In 2002, Joseph Maxwell Cleland was appointed to
the 9/11 Commission;
(17) In 2003, Joseph Maxwell Cleland was appointed by
President George W. Bush to the Board of Directors for
the Export-Import Bank of the United States, where he
served until 2007;
(18) In 2009, Joseph Maxwell Cleland was appointed by
President Barack Obama as Secretary of the American
Battle Monuments Commission overseeing United States
military cemeteries and monuments overseas, where he
served until 2017;
(19) Joseph Maxwell Cleland authored three books:
Strong at the Broken Places, Going for the Max: 12
Principles for Living Life to the Fullest, and Heart of
a Patriot;
(20) Joseph Maxwell Cleland received numerous honors
and awards over the course of his long and
distinguished career;
(21) Joseph Maxwell Cleland was a patriot, veteran,
and lifelong public servant who proudly served Georgia,
the United States, and all veterans and servicemembers
of the United States;
(22) On November 9, 2021, at the age of 79, Joseph
Maxwell Cleland died, leaving behind a legacy of
service, sacrifice, and joy; and
(23) We have heard with profound sorrow of the death
of the Honorable Joseph Maxwell Cleland, who served:
(a) with courage and sacrifice in combat in
the Vietnam War;
(b) with unwavering dedication to Georgia as
a State Senator, Secretary of State, and
Senator; and
(c) with honorable service to the United
States and veterans of the United States
through his lifetime of public service and
tenure as Administrator of the Veterans
Administration.
Repeal of 1991 Authorization for Use of Military Force Against Iraq
Resolution
The House bill contained a provision (sec. 5878) that would
repeal the 1991 Authorization for Use of Military Force Against
Iraq Resolution (Public Law 1021-1).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Support for Afghans applying for student visas
The House bill contained a provision (sec. 5880) that would
create an exception for Afghan student visa applicants so they
do not have to demonstrate intent to return to Afghanistan
after completing their studies in the United States.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Immigration age-out protections
The House bill contained a provision (sec. 5881) that would
amend chapter 12 of the Immigration and Nationality Act (8
U.S.C. 1101-1537) to provide age-out protections for certain
immigrants and nonimmigrant dependent children.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
American Security Drone Act of 2022
The Senate amendment contained a series of provisions
(secs. 5881-5893) that would expand the prohibition on
procurement or operation of unmanned aircraft systems produced
by certain covered foreign entities beyond the Department of
Defense.
The House bill contained no similar provision.
The agreement does not include these provisions.
Medicare Improvement Fund
The House bill contained a provision (sec. 5882) that would
amend section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) to decrease funding for the Medicare Improvement
Fund from $7.5 billion to $7.3 billion.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Clean Water Act effluent limitations guidelines and standards and water
quality criteria for PFAS
The House bill contained a provision (sec. 5883) that would
require the Administrator of the Environmental Protection
Agency to publish in the Federal Register human health water
quality criteria to address each measurable perfluoroalkyl
substance, polyfluoroalkyl substance, and class of those
substances.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Amendments to the Maine Indian Claims Settlement Act of 1980
The House bill contained a provision (sec. 5884) that would
amend the application of state laws and the implementation of
the Indian Child Welfare Act (Public Law 95-608) as part of the
Maine Indian Claims Settlement Act of 1980 (Public Law 96-420).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
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
The House bill contained a provision (sec. 5885) that would
express a 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.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Hermit's Peak/Calf Canyon Fire Assistance
The House bill contained a provision (sec. 5886) that would
require the United States to grant compensation for injury
suffered as a result of the Hermit's Peak/Calf Canyon Fire and
establish within the Federal Emergency Management Agency an
Office of Hermit's Peak/Calf Canyon Fire Claims.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Open Technology Fund grants
The House bill contained a provision (sec. 5887) that would
allow the Open Technology Fund to make grants to eligible
entities to surge and sustain support for internet freedom
technologies to counter acute escalations in censorship in
closed countries.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We note that the authorization of funding for grants to
support internet freedom technologies is addressed elsewhere in
this Act.
Strategic transformer reserve and resilience
The House bill contained a provision (sec. 5888) that would
require the Secretary of Energy to provide a report on
strategic transformer reserve and resilience.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
AI in Counterterrorism Oversight Enhancement
The House bill contained a provision (sec. 5889) that would
require additional oversight measures of the executive branch
use of artificial intelligence technologies for
counterterrorism measures.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Elimination of termination clause for Global Engagement Center
The House bill contained a provision (sec. 5890) that would
amend section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) by striking
subsection (j) to eliminate the termination clause for the
Global Engagement Center.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Resolution of controversies under Servicemembers Civil Relief Act
The House bill contained a provision (sec. 5891) that would
amend section 102 of the Servicemembers Civil Relief Act (50
U.S.C. 3912) (SCRA) to limit the enforceability of mandatory
arbitration clauses in contracts to which SCRA applies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on waiver of rights and protections under Servicemembers
Civil Relief Act
The House bill contained a provision (sec. 5892) that would
amend section 107 of the Servicemembers Civil Relief Act (50
U.S.C. 3918) (SCRA) to limit the effectiveness of a
servicemember or other covered individual's voluntary waiver of
rights and protections under SCRA.
The Senate contained no similar provision.
The agreement does not include this provision.
Clarification of private right of action under Servicemembers Civil
Relief Act
The House bill contained a provision (sec. 5893) that would
amend section 802 of the Servicemembers Civil Relief Act (50
U.S.C. 4042) (SCRA) to provide for private rights of action
under SCRA, notwithstanding the presence of clauses to the
contrary in contracts to which SCRA applies.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on the use of data and data science at the Department of State
and USAID
The House bill contained a provision (sec. 5895) that would
require the Comptroller General of the United States to submit
a report on the use of data and data science at the Department
of State and United States Agency for International
Development.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modification of reports to Congress under Global Magnitsky Human Rights
Accountability Act
The House bill contained a provision (sec. 5896) that would
amend the reporting requirements under section 1264(a) of the
Global Magnitsky Human Rights Accountability Act (subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 24 2656 note).
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of State fellowships for rule of law activities in Central
America
The House bill contained a provision (sec. 5897) that would
permit the Secretary of State to establish a fellowship program
to support a regional corps of civil society activists,
lawyers, journalists, and investigators.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on all comprehensive sanctions imposed on foreign governments
The House bill contained a provision (sec. 5898) that would
require the Comptroller General of the United States to submit
a report on all comprehensive sanctions imposed on de jure or
de facto governments of foreign countries and all comprehensive
sanctions imposed on non-state actors that exercise significant
de facto governmental control over a foreign civilian
population.
The Senate amendment contained no similar provision.
The amendment does not include this provision.
Contracts by the President, the Vice President, or a Cabinet Member
The House bill contained a provision (sec. 5900) that would
amend section 431 of title 18, United States Code, to prohibit
certain contracts involving the President, the Vice President,
or any member of the Cabinet in behalf of the United States or
any agency thereof.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Modification of duties of United States-China Economic and Security
Review Commission
The House bill contained a provision (sec. 5903) that would
amend section 1238(c)(2)(H) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-
398) by adding ``and the People's Republic of China's use of
such relations to economically or politically coerce other
countries, regions, and international and regional entities,
particularly treaty allies and major partners, to achieve
China's objectives in the preceding year.''
The Senate amendment contained no similar provision.
The agreement does not include this provision.
We expect the United States-China Economic and Security
Review Commission will, to the extent practicable, address the
People's Republic of China's efforts to economically or
politically coerce other countries, regions, and international
and regional entities, particularly U.S. treaty allies and
major partners, to achieve China's objectives as part of its
annual report to Congress.
Treatment of paycheck protection program loan forgiveness of payroll
costs under highway and public transportation project cost-
reimbursement contracts
The House bill contained a provision (sec. 5905) that would
not allow any cost reduction or cash refund to be due to the
Department of Transportation or to a state transportation
department, transit agency, or other recipient of assistance
under chapter 1 of title 23, United States Code, or chapter 53
of title 49, United States Code, on the basis of forgiveness of
the payroll costs of a covered loan issued under the paycheck
protection program.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Biliteracy Education Seal and Teaching Act
The House bill contained a provision (sec. 5906) that would
establish a program by which the Secretary of Education would
award grants, on a competitive basis, to States to enable the
States to establish or improve, and carry out, Seal of
Biliteracy programs to recognize student proficiency in
speaking, reading, and writing in both English and a second
language.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Documenting and responding to discrimination against migrants abroad
The House bill contained a provision (sec. 5908) that would
modify the annual country reports on human rights practices
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) to include reporting on violence or discrimination that
affects the freedoms or human rights of migrants located in a
foreign country.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Foreign corruption accountability sanctions and criminal enforcement
The House bill contained a provision (sec. 5910) that would
permit the Secretary of State to impose sanctions on any
foreign person that engages in public corruption activities
against a United States person.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Improving investigation and prosecution of child abuse cases
The House bill contained a provision (sec. 5913) that would
amend The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301
et seq.) to make various improvements to the investigation and
prosecution of child abuse cases.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Designation of El Paso Community Healing Garden National Memorial
The House bill contained a provision (sec. 5915) that would
designate the Healing Garden in El Paso, Texas as the ``El Paso
Community Healing Garden National Memorial''.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Administrator of General Services study on counterfeit items on e-
commerce platforms of the General Services Administration
The House bill contained a provision (sec. 5916) that would
require the Administrator of General Services to conduct a
study that tracks the number of counterfeit items on e-commerce
platforms of the General Services Administration annually to
ensure that the products being advertised are from legitimate
vendors.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on removal of servicemembers
The House bill contained a provision (sec. 5917) that would
require the Secretary of Homeland Security, in coordination
with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of State, to submit to the
Committees on Judiciary of the Senate and the House of
Representatives, the Committees on Veterans Affairs of the
Senate and the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives a
report detailing how many non-citizen servicemembers, veterans
and immediate family members of servicemembers were removed
during the period beginning on January 1, 2010, and ending on
the date of the report. The report would be required not later
than 120 days after the date of the enactment of this Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Limitation on availability of funds for certain contractors or grantees
that require nondisparagement or nondisclosure clause related
to sexual harassment and sexual assault
The House bill contained a provision (sec. 5918) that would
limit the availability of funding for any Federal contract or
grant in excess of $1.0 million, unless the contractor or
grantee agrees not to enter into or take any action to enforce
certain agreements with any of its employees or independent
contractors that contain a nondisparagement or nondisclosure
provision related to sexual harassment and sexual assault.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report to Congress by Secretary of State on government-ordered internet
or telecommunications shutdowns
The House bill contained a provision (sec. 5921) that would
require the Secretary of State to submit to the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Foreign Relations of the Senate a report
that (1) Describes incidents, occurring during the 5-year
period preceding the date of the submission of the report, of
government-ordered internet or telecommunications shutdowns in
foreign countries; (2) Analyzes the impact of such shutdowns on
global security and the human rights of those affected; and (3)
Contains a strategy for engaging with the international
community to respond to such shutdowns.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Admission of essential scientists and technical experts to promote and
protect National Security Innovation Base
The House bill contained a provision (sec. 5923) that would
direct the Secretary of Defense to develop and implement a
process to select individuals for recommendation to the
Secretary of Homeland Security for special immigrant status.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Delaware River Basin Conservation reauthorization
The House bill contained a provision (sec. 5924) that would
require the federal share of the cost of a project funded under
the grant program that serves a small, rural, or disadvantaged
community to be 90 percent of the total cost of the project and
allow the Secretary of the Interior to increase the federal
share to 100 percent of the total cost of the project if the
Secretary determines that the grant recipient is unable to pay,
or would experience significant financial hardship if required
to pay, the non-federal share.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Rights for the TSA Workforce Act of 2022
The House bill contained a series of provisions (secs.
5931-5946) that would enact the ``Rights for the Transportation
Security Administration Workforce Act of 2022'', concerning the
workplace rights, protections, and benefits applicable to
Transportation Security Administration personnel.
The Senate amendment contained no similar provisions.
The agreement does not include these provisions.
Low power TV stations
The Senate amendment contained a provision (sec. 6035) that
would allow low power television stations to apply for the
status as Class A television licensees.
The House bill contained no similar provision.
The agreement does not include this provision.
Post-employment restrictions on Senate-confirmed officials at the
Department of State
The Senate amendment contained a provision (sec. 6036) that
would amend section 1 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a) to extend certain post-employment
restrictions to the Secretary of State, the Deputy Secretary of
State, and other Senate-confirmed positions within the
Department of State.
The House bill contained no similar provision.
The agreement does not include this provision.
We note that post-employment restrictions for senior
Senate-confirmed officials with the Department of State are
addressed elsewhere in this Act.
Weatherization Assistance Program
The Senate amendment contained a provision (sec. 6039F)
that would require the Secretary of Energy to establish the
Weatherization Readiness Fund.
The House bill contained no similar provision.
The agreement does not include this provision.
Treatment of exemptions under FARA
The Senate amendment contained a provision (sec. 6039H)
that would amend sections 1 and 3 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 6111).
The house bill contained no similar amendment.
The agreement does not include this provision.
Libya Stabilization Act
The House bill contained Division F that included the Libya
Stabilization Act (secs. 6101-6135).
The Senate amendment contained no similar provisions.
The agreement does not include these provisions.
United States--Israel Artificial Intelligence Center
The Senate amendment contained a provision (sec. 6202) that
would establish the United States-Israel Artificial
Intelligence Center to develop research collaboration and
cooperation in the areas of machine learning, image
classification, object detection, speech recognition, natural
language processing, data labeling, computer vision, and model
explainability and interpretability.
The House bill contained no similar provision.
The agreement does not include this provision.
Preventing Future Pandemics
The House bill contained provisions (secs. 6301-6307) that
would require actions by various federal agencies to surveil
and help prevent zoonotic transmission of diseases.
The Senate amendment contained no similar provisions.
The agreement does not include these provisions.
Promoting and advancing communities of color through Inclusive Lending
Act
The House bill contained provisions (secs. 6601-6663) that
included the Promoting and Advancing Communities of Color
Through Inclusive Lending Act.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Prohibition of arms sales to countries committing genocide or war
crimes and related matters
The House bill contained title LXIV that included the
Prohibition of Arms Sales to Countries Committing Genocide or
War Crimes and Related Matters.
The Senate amendment contained no similar provision.
The agreement does not include these provisions.
Federal emergency management advancement of equity
The House bill contained provisions (secs. 6801-6831)
related to federal emergency management.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Protection of Saudi dissidents
The House bill contained provisions (secs. 7001, 7002,
7003, and 7004) related to the protection of Saudi dissidents
which impose limits on arms sales to Saudi Arabia and require
additional reports and actions related to the death of Saudi
Arabian journalist Jamal Khashoggi and the protection of Saudi
dissidents inside the United States.
The Senate amendment contains no similar provision.
The agreement does not include this provision.
Colorado and Grand Canyon public lands
The House bill contained provisions (secs. 7101-7161)
related to Colorado and Grand Canyon public lands.
The Senate amendment contained no similar provisions.
The agreement does not include this provision.
Plan to accelerate restoration of domestic uranium enrichment
The Senate amendment contained a provision (sec. 8101) that
would require the Secretary of Defense to submit a plan to
restore the domestic uranium enrichment capability of the
United States by not later than 2035.
The House bill contained no similar provision.
The agreement does not include this provision.
We direct the Administrator for Nuclear Security, in
coordination with the Secretary of Defense, to submit a plan to
the congressional defense committees, not later than July 1,
2023, for restoring the unobligated, unencumbered, domestic
uranium production, conversion, and enrichment capabilities of
the United States by not later than 2035. Such plan should
include, at a minimum:
(1) A proposal or proposals for restoring unobligated
uranium production, conversion and enrichment
capabilities, including production of high-enriched
uranium to refurbish the nuclear weapons stockpile of
the United States over a period of not more than 30
years; satisfy the annual requirements of the United
States for naval reactor fuel, including projections
for satisfying fuel requirements for all submarines
developed using reactor designs and technology of the
United States; and satisfy the annual requirements of
the United States for defense nuclear power reactors;
(2) A proposal or proposals for improving the
production capacity of unobligated low-enriched uranium
needed to satisfy annual tritium production
requirements for the nuclear weapons stockpile of the
United States and associated research and development
objectives; and
(3) Any other analysis and information as the
Administrator or the Secretary consider appropriate.
We recognize that the contours of the plan for unobligated,
unencumbered domestic uranium production outlined above may
conflict with one or more of the objectives outlined by the
Secretary of Energy's biennial plan for meeting national
security requirements for unencumbered uranium through 2070,
pursuant to section 2538c of title 50, United States Code. This
direction does not alter the existing statutory requirement,
but rather seeks to provide the congressional defense
committees with alternatives that will improve their
understanding of the implications and costs of accelerating
efforts to reestablish domestic unobligated, unencumbered
uranium production, conversion, and enrichment capabilities for
the United States in the 2030s, and thus inform the range of
future policy and resourcing options under consideration for
responding to threats posed by multiple near-peer adversaries.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Secs. 6001-6824--Intelligence Authorization Act for Fiscal Year 2023
The Senate amendment contained Division F that included the
Intelligence Authorization Act for Fiscal Year 2023.
The House bill contained no similar division.
The agreement includes the Intelligence Authorization Act
for Fiscal Year 2023.
DIVISION G--HOMELAND SECURITY
Title LXXI--Homeland Security Provisions
Secs. 7101-7105, 7111-7123, 7131-7135, 7141-7321--Homeland Security
Matters
The House bill contained provisions (secs. 6701-6751) that
would require changes to certain Department of Homeland
Security measures.
The Senate amendment contained similar provisions (secs.
5001-5248) that would also require changes to certain
Department of Homeland Security measures.
The agreement includes the House provision with modifying
amendments.
Sec. 7106--Chemical Security Analysis Center
The House bill contained a provision (sec. 5201) that would
amend Title III of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 181 et seq.) to require the Secretary of
Homeland Security, acting through the Under Secretary for
Science and Technology, to designate the Chemical Security
Analysis Center as an additional laboratory under section
308(c)(2) of that Act to conduct studies, analyses, and
research to assess threats and hazards associated with
accidental or intentional chemical events or chemical terrorism
events.
The Senate amendment contained no similar provision.
The agreement includes the House provision with an
amendment clarifying that the Chemical Security Analysis Center
shall consult, as appropriate, with the Countering Weapons of
Mass Destruction Office of the Department of Homeland Security.
Sec. 7124--Report on cybersecurity roles and responsibilities of the
Department of Homeland Security
The House bill contained a provision (sec. 5203) that would
require a report to be delivered not later than 1 year after
the date of the enactment of this Act from the Secretary of
Homeland Security, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, on the roles
and responsibilities of the Department of Homeland Security and
its components relating to cyber incident response.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
Sec. 7136--Reports, evaluations, and research regarding drug
interdiction at and between ports of entry
The House bill contained a provision (sec. 5210) that would
require the Secretary of Homeland Security to research
additional technological solutions to target and detect
fentanyl and its precursors and establish a program to collect
data and metrics for measuring how technologies and strategies
are detecting, deterring or addressing drug trafficking into
the United States at and between ports of entry. The provision
also would require the Secretary of Homeland Security to report
on technologies to detect, deter, and address fentanyl and its
precursors. The provision would further require the Comptroller
General of the United States to submit recommendations for
improving the data collected and metrics used in each report by
the Secretary of Homeland Security under this provision.
The Senate amendment contained no similar provision.
The agreement includes the provision with technical and
clarifying amendments.
LEGISLATIVE PROVISIONS NOT ADOPTED
National Cybersecurity Preparedness Consortium
The House bill contained a provision (sec. 5202) that would
amend the National Cybersecurity Preparedness Consortium Act of
2021 (Public Law 117-122) to direct the Secretary of Homeland
Security to work with no fewer than three consortia.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Exemption of certain Homeland Security fees for certain immediate
relatives of an individual who received the Purple Heart
The House bill contained a provision (sec. 5204) that would
exempt the spouses, parents, and children of Purple Heart
recipients from U.S. Citizenship and Immigration Services
naturalization processing fees.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Clarifications regarding scope of employment and reemployment rights of
members of the uniformed services
The House bill contained a provision (sec. 5205) that would
amend section 4303 of title 38, United States Code, to render
unenforceable any part of a contract or agreement that would
mandate the use of arbitration to resolve a claim under the
Uniformed Services Employment and Reemployment Rights Act
(USERRA) (38 U.S.C. 43), unless all parties consent to
arbitration after a complaint on the specific claim has been
filed in court or with the Merit Systems Protection Board.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Critical technology security centers
The House bill contained a provision (sec. 5206) that would
direct the Secretary of Defense to award grant, contracts, or
cooperative agreements to covered entities for the
establishment of not fewer than two cybersecurity focused
Critical Technology Security Centers to evaluate and test the
security of critical technology.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Systemically important entities
The House bill contained a provision (sec. 5207) that would
direct the Secretary of Defense to establish criteria and
procedures for identifying and designating certain entities as
systemically important entities.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
GAO review of Department of Homeland Security efforts related to
establishing space as a critical infrastructure sector
The House bill contained a provision (sec. 5208) that would
require the Comptroller General of the United States to review
the Department of Homeland Security's efforts related to
establishing space as a critical infrastructure sector.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on commercial satellite cybersecurity; CISA commercial satellite
system cybersecurity clearinghouse
The House bill contained a provision (sec. 5209) that would
require the Comptroller General of the United States to submit
a report to the appropriate congressional committees, not later
than 2 years after the date of enactment of this Act, on the
actions the Federal Government has taken to support the
cybersecurity of commercial satellite systems.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Report on Puerto Rico's electric grid
The House bill contained a provision (sec. 5211) that would
require the Secretary of Homeland Security and the
Administrator of the Federal Emergency Management Agency to
submit a report on Puerto Rico's progress toward rebuilding the
electric grid and detailing efforts to expedite such
rebuilding.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Building cyber resilience after SolarWinds
The House bill contained a provision (sec. 5213) that would
direct the National Cyber Director to carry out an
investigation to evaluate the impact of the SolarWinds incident
on information systems owned and operated by Federal
departments and agencies, and other critical infrastructure.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
CISA director appointment and term
The House bill contained a provision (sec. 5214) that would
define aspects of the appointment and term of the Cybersecurity
and Infrastructure Security Agency Director.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Homeland Security report relating to establishment of
preclearance facility in Taiwan
The House bill contained a provision (sec. 5215) that would
require the Secretary of Homeland Security to submit a report
that includes an assessment of the need to establish a Customs
and Border Patrol preclearance facility in Taiwan.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Human trafficking training
The House bill contained a provision (sec. 5216) that would
amend the Homeland Security Act of 2002 (Public Law 107-296) to
authorize the Director of the Federal Law Enforcement Training
Centers (FLETC) to establish a human trafficking awareness
training program within the Federal Law Enforcement Training
Centers.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Department of Homeland Security Office for Civil Rights and Civil
Liberties authorization
The House bill contained a provision (sec. 5919) that would
amend section 705 of the Homeland Security Act of 2002 (6
U.S.C. 345) to establish within the Department of Homeland
Security an Office for Civil Rights and Civil Liberties.
The Senate amendment contained no similar provision.
The agreement does not include this provision.
Office of Civil Rights and Inclusion
The Senate amendment contained a provision (sec. 6039D)
that would amend section 513 of the Homeland Security Act of
2002 (Public Law 107-296) to create the Office of Civil Rights
and Inclusion within the Department of Homeland Security.
The House bill contained no similar provision.
The agreement does not include this provision.
DIVISION H--WATER RESOURCES
Title LXXXI--Water Resources Development Act of 2022
Secs. 8001-8403--Water Resources Development Act of 2022
The Senate amendment contained a provision that included
the Water Resources Development Act of 2022.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Title LXXXV--Clean Water
Sec. 8501--Regional water programs
The House bill contained a provision (sec. 5856) that would
require the Administrator of the Environmental Protection
Agency (EPA) to establish in the EPA a San Francisco Bay
Program Office.
The Senate amendment contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Sec. 8502--Nonpoint source management programs
The agreement includes a provision that would amend section
319(j) of the Federal Water Pollution Control Act (Public Law
95-500) by striking fiscal year 1991 and inserting $200.0
million for each of fiscal years 2023 through 2027.
Sec. 8503--Wastewater assistance to colonias
The House bill contained a provision (sec. 5899) that would
amend wastewater assistance to colonias.
The Senate amendment contained no similar provision.
The agreement includes the House provision.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Secs. 9001-9803--Department of State Authorization Act of 2022
The Senate amendment contained Division G that included the
Department of State Authorization Act of 2022.
The House bill contained no similar provision.
The agreement includes the Senate provisions with
technical, clarifying, and other amendments.
DIVISION J--OCEANS AND ATMOSPHERE
Secs. 10000-10601--Oceans and Atmosphere
The Senate amendment contained division L that included the
reauthorization of the Coral Reef Conservation Act of 2000
(Public Law 106-562).
The House bill contained no similar provision.
The agreement includes the Senate provision with various
technical amendments.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Secs. 11001-11808--Don Young Coast Guard Authorization Act of 2022
The House bill contained Division G that included the Don
Young Coast Guard Authorization Act of 2022.
The Senate amendment contained a similar division, Division
K, that included the Coast Guard Authorization Act of 2022.
The agreement includes the House division with an amendment
that would remove the provision relating to manning and crewing
requirements for certain vessels, vehicles, and structures.
Not later than January 31, 2023, we direct the Commandant
of the Coast Guard, to provide a briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, in an unclassified setting, with a classified
component if necessary, on the extent to which the Commandant
assesses Iran would use sanctions relief received by Iran under
the Joint Comprehensive Plan of Action to bolster Iran's
support for Iranian forces or Iranian-linked groups across the
Middle East in a manner that may impact Coast Guard personnel
and operations in the Middle East; and the Coast Guard
requirements for deterring and countering increased malign
behavior from such groups with respect to activities under the
jurisdiction of the Coast Guard.
COMPLIANCE WITH HOUSE RULE XXI
(Community Project Funding Items)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AMOUNT
(Dollars
TITLE ACCOUNT PE LINE PROJECT NAME PROJECT RECIPIENT PROJECT LOCATION in MEMBER
Thousands)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
4201 RDA 0603002A 027 U.S. Army Battlefield Exercise and Combat The Miami Project to Cure Miami, FL 1,700 Wasserman Schultz,
Related Traumatic Brain and Spinal Injury Paralysis . . . f Miami Debbie (FL)
Research
4201 RDA 0603044A 034 Advancing Military Exoskeleton Technology Natick Soldiers System Center Natick, MA 2,890 Clark, Katherine M.
State-of-The-Art Project (MA)
4201 RDA 0603044A 034 Building 2, Doriot Climatic Chambers, Natick Soldiers System Center Natick, MA 3,630 Clark, Katherine M.
Exterior Repair (MA)
4201 RDA 0603044A 034 Small Unit Digital Twin for Robotic and Natick Soldiers System Center Natick, MA 3,500 Clark, Katherine M.
Sensor Systems Integration (MA)
4201 RDN 0602123N 005 Resilient Autonomous Systems Research and Benedict College Columbia, SC 4,000 Clyburn, James E. (SC)
Workforce Diversity
4201 RDN 0602123N 005 TALENT AND TECHNOLOGY FOR NAVY POWER AND University of South Carolina Columbia, SC 3,000 Clyburn, James E. (SC)
ENERGY SYSTEMS
4201 RDN 0602131M 006 UNMANNED LOGISTICS SOLUTIONS FOR THE U.S. University of South Carolina Columbia, SC 3,000 Clyburn, James E. (SC)
MARINE CORPS
4201 RDN 0602747N 012 Persistent Maritime Surveillance Florida Atlantic University Boca Raton, FL 4,000 Wasserman Schultz,
Debbie (FL)
4201 RDN 0605212M 159 High-Energy Density and High-Power Density Li- Auburn University Lee County, AL 4,000 Rogers, Mike (AL)
Ion Battery Magazines (HEBM) in Defense
Applications
4201 RDAF 0601103F 002 Aeromedical Research Center Norwich University Applied Northfield and Berlin, 2,350 Welch, Peter (VT)
Research Institutes Washington County, VT
4201 RDAF 0601103F 002 GHz-THz Antenna Systems for Massive Data Florida International Miami, FL 4,000 Wasserman Schultz,
Transmissions in Real-Time University Debbie (FL)
4201 RDAF 0603680F 029 Additive Manufacturing and Ultra-High Florida International Miami, FL 4,000 Wasserman Schultz,
Performance Concrete University Debbie (FL)
4201 RDAF 0708055F 264 Aviation Training Academy of the Future Atlantic County Economic Egg Harbor Township, NJ 4,000 Van Drew, Jefferson
Alliance (NJ)
4201 RDDW 0601110D8Z 004 FIU/SOUTHCOM Security Research Hub / Enhanced Florida International Miami, FL 1,300 Wasserman Schultz,
Domain Awareness (EDA) Initiative University Debbie (FL)
4201 RDDW 0601110D8Z 004 HBCU Training for the Future of Aerospace Florida Memorial University Miami Gardens, FL 1,000 Wilson, Frederica S.
(FL)
4201 RDDW 0601120D8Z 006 Florida Memorial Avionics Smart Scholars Florida Memorial University Miami Gardens, FL 1,000 Wilson, Frederica S.
(FL)
4201 RDDW 0601228D8Z 007 Augmenting Quantum Sensing Research, Delaware State University Dover, DE 1,111 Blunt Rochester, Lisa
Education and Training in DoD CoE at DSU (DE)
4201 RDDW 0601228D8Z 007 Florida Memorial University Department of Florida Memorial University Miami Gardens, FL 600 Wilson, Frederica S.
Natural Sciences STEM Equipment (FL)
4201 RDDW 0603680D8Z 054 Future Nano and Micro-Fabrication - Advanced Florida International Miami, FL 4,000 Wasserman Schultz,
Materials Engineering Research Institute University Debbie (FL)
4201 RDDW 0603680D8Z 054 Manufacturing of Advanced Composites for University of South Carolina Columbia, SC 4,000 Clyburn, James E. (SC)
Hypersonics - Aided by Digital Engineering
4201 RDDW 0603680D8Z 054 Scalable comprehensive workforce readiness Bioindustrial Manufacturing Solano & Yolo County, 4,000 Garamendi, John (CA)
initiatives in bioindustrial manufacturing and Design Ecosystem CA
that lead to regional bioeconomic
transformation and growth
4201 RDDW 0607210D8Z 200 Critical Non-Destructive Inspection and College of the Canyons Santa Clarita, CA 2,000 Garcia, Mike (CA)
Training for Key U.S. National Defense
Interests through College of the Canyons
Advanced Technology Center
4201 RDDW 0607210D8Z 200 Partnerships for Manufacturing Training University of Maine Orono, ME; Drunswick, 4,000 Golden, Jared F. (ME)
Innovation ME, and South
Portland, ME
4201 RDDW 1160408BB 265 Intercept, Collect, Analyze, and Disrupt Norwich University Applied Northfield, VT 2,300 Welch, Peter (VT)
(ICAD) Application Research Institutes
4601 MCA ................... General Purpose Warehouse ANAD Anniston Army Depot Calhoun County, AL 2,400 Rogers, Mike (AL)
4601 MCA ................... Fort Shafter Water System Upgrade U.S. Department of the Army Honolulu, HI 33,000 Case, Ed (HI)
4601 MCA ................... Tripler Army Medical Center Water System U.S. Department of the Army Honolulu, HI 38,000 Case, Ed (HI)
Upgrade
4601 MCA ................... Joint Operations Cente.----Fort Polk, LA Fort Polk Vernon Parish, LA 61,000 Johnson, Mike (LA)
4601 MCA ................... Test Maintenance Fabrication Facility Aberdeen Proving Ground Aberdeen Proving 7,600 Ruppersberger, C. A.
Ground, MD Dutch (MD)
4601 MCA ................... Child Development Center Fort Bragg Fort Bragg, NC 3,600 Hudson, Richard (NC)
4601 MCA ................... Picatinny Arsenal Precision Munitions Test Picatinny Arsenal Morris County, NJ 3,654 Sherrill, Mikie (NJ)
Tower
4601 MCA ................... Automated Record Fire Plus (ARF+) Range; Fort Drum Fort Drum, NY 2,400 Stefanik, Elise M.
Project Number: 99913 (NY)
4601 MCA ................... INFANTRY SQUAD BATTLE COURSE Fort Hood Killeen, TX 600 Carter, John R. (TX)
4601 MCA ................... AUTOMATED INFANTRY PLATOON BATTLE COURSE, Fort Hood Killeen, TX 1,220 Carter, John R. (TX)
FORT HOOD
4601 MCA ................... AUTOMATED MACHINE GUN RANGE, FORT HOOD Fort Hood Killeen, TX 1,240 Carter, John R. (TX)
4601 MCA ................... BARRACKS, FORT HOOD Fort Hood Killeen, TX 19,000 Carter, John R. (TX)
4601 MCN ................... Blount Island, FL- Communications MCSF Blount Island Jacksonville, FL 5,949 Rutherford, John H.
Infrastructure Modernization Design (FL)
4601 MCN ................... Blount Island, FL- Communications MCSF Blount Island Jacksonville, FL 5,949 Waltz, Michael (FL)
Infrastructure Modernization Design
4601 MCN ................... Bachelor Enlisted Quarters, MCB Kaneohe Bay, NAVFAC HQ MILCON Program Kaneohe Bay, HI 57,900 Kahele, Kaiali'i (HI)
HI Manager
4601 MCN ................... Contained Burn Facility NSWC, Indian Head Indian Head, MD 5,415 Hoyer, Steny H. (MD)
4601 MCAF ................... Commercial Vehicle Inspection Gate at Maxwell Maxwell Air Force Base Montgomery, AL 15,000 Sewell, Terri A. (AL)
Air Force Base
4601 MCAF ................... KC-46 ADAL SIMULATOR FACILITY, B179 60 Wing Base Solano, CA 7,500 Garamendi, John (CA)
4601 MCAF ................... F-35A ADAL Developmental Test- Eglin AFB US Air Force Eglin AFB, FL 2,500 Waltz, Michael (FL)
4601 MCAF ................... F-35A Developmental Test 2-Bay Test Hangar- US Air Force Eglin AFB, FL 3,700 Waltz, Michael (FL)
Eglin AFB
4601 MCAF ................... F-35A Developmental Test 2-Bay Mxs Hangar- US Air Force Eglin AFB, FL 4,100 Waltz, Michael (FL)
Eglin AFB
4601 MCAF ................... Patrick SFB Consolidated Communications Patrick Space Force Base Patrick SFB, Brevard 75,680 Waltz, Michael (FL)
Facility County, FL
4601 MCAF ................... KIRTLAND AIR FORCE BASE REMOTE MAUI U.S. Air Force MAUI, HI 89,000 Kahele, Kaiali'i (HI)
EXPERIMENTAL SITE SITE . . . AWAII, SECURE
INTEGRATION SUPPORT LAB W/ LAND ACQ, PE
91211
4601 MCAF ................... Cost to Complete NDR MILCON Offutt AFB, Department of the Air Force Offutt AFB, NE 235,000 Bacon, Don (NE)
Nebraska
4601 MCAF ................... JNWC Headquarters Kirtland Air Force Base Albuquerque, NM 47,000 Stansbury, Melanie A.
(NM)
4601 MCAF ................... Wright-Patterson Child Development Center / Wright-Patterson Air Force Dayton, OH 29,000 Turner, Michael R.
School Age Center Base (OH)
4601 MCAF ................... Altus Air Force Base South Gate Altus Air Force Base Altus, OK 4,750 Lucas, Frank D. (OK)
4601 MCAF ................... Lackland Air Force Base BMT Recruit Dormitory JBSA-Lackland San Antonio, TX 5,400 Gonzales, Tony (TX)
8, INC 3 Cost to Complete
4601 MCAF ................... JBSA-Randolph Child Development Center JBSA-Randolph San Antonio, TX 29,000 Gonzales, Tony (TX)
4601 MCDW ................... SOCOM SOF Joint MISO Web-Operations Facility, United States Special Tampa, MacDill AFB, FL 8,730 Waltz, Michael (FL)
MacDill AFB Operations Command
4601 MCDW ................... SOCOM SOF Operations Integration Facility- United States Special MacDill AFB, Tampa, FL 50,000 Waltz, Michael (FL)
MacDill AFB Operations Command
4601 MCARNG ................... Camp Blanding, FL- Automated Multipurpose FL Army National Guard Clay County (Camp 8,500 Waltz, Michael (FL)
Machine Gun (MPMG) Range Blanding), FL
4601 MCARNG ................... Scout Recce Gunnery Complex- Camp Blanding, FL Army National Guard Clay County (Camp 16,200 Waltz, Michael (FL)
FL Blanding), FL
4601 MCARNG ................... Abbeville Readiness Center Abbeville Readiness Center Abbeville, LA 1,650 Carter, Troy A. (LA)
4601 MCARNG ................... Camp Beauregard Energy Resilience Camp Beauregard Pineville, LA 765 Carter, Troy A. (LA)
Conservation Investment Program Project
4601 MCANG ................... F-35 Weapons Load Crew Training Facility Montgomery Regional Airport Montgomery, AL 920 Sewell, Terri A. (AL)
(ANG) Base
4601 MCANG ................... Base Entry Complex Morris ANGB Morris Air National Guard Base Tucson, AZ 12,000 Kirkpatrick, Ann (AZ)
4601 MCANG ................... F-35 Munitions Maintenance & Inspection FL Air National Guard Jacksonville, FL 530 Rutherford, John H.
Facility- Design (FL)
4601 MCANG ................... F-35 Munitions Maintenance & Inspection FL Air National Guard Jacksonville, FL 530 Waltz, Michael (FL)
Facility- Design
4601 MCANG ................... F-35 Construct Munitions Storage Area Admin & FL Air National Guard Jacksonville, FL 730 Rutherford, John H.
Pad Jacksonville International Airport- (FL)
Design
4601 MCANG ................... F-35 Construct Munitions Storage Area Admin & FL Air National Guard Jacksonville, FL 730 Waltz, Michael (FL)
Pad Jacksonville International Airport-
Design
4601 MCANG ................... Munitions Administrative Facility LA National Guard Belle Chasse, LA 1,650 Carter, Troy A. (LA)
4601 MCAFR ................... Space Rapid Capabilities Office (SPRCO) Kirtland Air Force Base Albuquerque, NM 4,400 Stansbury, Melanie A.
Headquarters Fac. Design (NM)
4601 MCAFR ................... Air Force Reserve Intelligence Group Facility Air Force Reserve Hampton, VA 10,500 Luria, Elaine G. (VA)
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